HomeMy WebLinkAboutResolution - 3217 STATE OF CALIFORNIA ) RESOLUTION NO. 3217
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT FOR ROADWAY SHOULDER REPAIR
WORK ALONG RAMONA EXPRESSWAY, EAST OF WARREN ROAD
WHEREAS, the City of San Jacinto ("City') is charged with protecting the health,
safety and welfare of the residents within the City; and
WHEREAS, very recent severe rainstorms within the City have caused
significant erosion along the Southern side of Ramona Expressway, generally located
east of Warren Road, causing the need for shoulder repair work in order to mitigate the
impacts of such erosion and prevent further erosion from affecting the recently installed
Ramona Expressway improvements; and
WHEREAS, San Jacinto Municipal Code section 3.08.120(A) provides that
emergency work shall be performed without the benefit of competitive bidding, either
formal or informal, but that expenditures of more than one hundred thousand dollars
($100,000) shall first be approved by the City Council; and
WHEREAS, SJMC section 3.08.010 defines an "emergency' by reference to that
term's definition in California Public Contract Code sections 22035 and 22050, i.e., a
sudden, unexpected occurrence, involving a clear and imminent danger, demanding
immediate action to prevent or mitigate loss of, or damage to, life, health, property, or
essential public services, including such occurrences as fire, flood, earthquake, or other
soil or geologic movements, as well as such occurrences as riot, accident, or sabotage;
and
WHEREAS, the City Council hereby finds that the recent severe rainstorms have
caused a sudden, unexpected occurrence of erosion along ramona Expressway,
causing a clear and imminent danger, demaning immediate action to prevent or mitigate
the loss of, or damage to, life, health, property or essential public services, which would
be caused by further erosion and the deterioiration of the recent Ramona Expressway
improvements; and
WHEREAS, the City Engineer has obtained quotes for the emergency project
using an "alternative bidding procedure" wherein the City Engineer has obtained price
quotes from one or more potential contractors or suppliers, and has recommended the
quote that has been determined to be in the best interests of the City;
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WHEREAS, the City Council further finds that the emergency will not permit a
delay resulting from further competitive solicitations for bids, and that the action is
necessary to respond to the emergency, because further rainstorms are expected in the
very near future, which could cause significant damage to Ramona Expressway if this
emergency repair work is not timely completed; and
WHEREAS, based on the foregoing as well as the staff report and testimony
presented at the City Council meeting at which this Resolution is adopted, the City
Council hereby finds that the emergency created by the recent severe rainstorms will
not permit a delay resulting from further competitive solicitations for bids, and that this
action is necessary to respond to the emergency created by the recent severe
rainstorms and upcoming rainy winter season.
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto:
SECTION 1. The City Manager is hereby ordered and authorized to provide for
the emergency Ramona Expressway shoulder improvements to
Pokrajac Corporation. The City Council hereby appropriates an
amount, not to exceed $275,000, for this project, and further
provides that said appropriation may be reimbursed from any other
fund authorized by law to pay for such improvements. The City
Manager or his designee is authorized to execute any document,
and to take any action, necessary to effectuate this resolution.
SECTION 2. The City Council shall review the emergency action at its next
regularly scheduled meeting and at very regularly scheduled
meeting thereafter until the work ordered hereby is terminated.
Such review shall be for the purpose of determining, by a four-fifths
vote, that there is a need to continue the work. Said review may
be conducted as a consent calendar item.
SECTION 3. This resolution shall be effective immediately upon adoption.
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APPROVED and ADOPTED, this 19th day of December, 2008 by the following
vote:
Ayes: Di Memmo, Mansperger, Potts, Stubblefield
Nays: None
Absent: Ayres
Abstain: None
r j City of San Jacinto
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L, by ale Stubblefiel Mayor
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ATTEST:
orothy Ch uinard, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
effrey S. Balling City Attorney
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