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RESOLUTION NO. 5877
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, DECLARING THAT
DELA YS IN THE CONSTRUCTION OF THE CITY OF
ARCADIA DOWNTOWN 2000 STREETSCAPE PROJECT
CONSTITUTE AN URGENT THREAT TO THE PUBLIC
HEALTH, SAFETY, AND WELFARE, SUSPENDING
THE WORK TO BE PERFORMED PURSUANT TO THE
CONTRACT BETWEEN THE CITY AND THE SULLY-
MILLER CONTRACTING COMPANY, AUTHORIZING
STAFF TO CONTRACT WITH OTHER QUALIFIED
PARTIES TO PERFORM SUCH WORK AS IS NECESSARY
TO ALLEVIATE THE THREAT, AND TO AUTHORIZE
THE LETTING OF CONTRACTS WITHOUT ADVERTISING
FOR BIDS
WHEREAS, the City of Arcadia ("City") and Sully-Miller Contracting Company
("Contractor") entered into that certain Contract dated April 25, 1995 for the construction of
the Arcadia Downtown 2000 Streetscape Project ("Project") (Job Nos. 582, 646 and 550),
which is incorporated herein as iffully set forth; and
WHEREAS, Contractor has commenced construction of the Project which has
involved severing all flood-protection devices in downtown Arcadia including the removal
of such integral devices as curb, gutter, sidewalk, pavement, building roof drains and other
improvements to the stOlID drain system (i.e. catch basins, lateral, junction boxes) in the
downtown area; and
WHEREAS, Contractor notified City on August 4, 1995 that it was requesting time
extensions on the Project and was "unable to determine the exact extent of delays to this
Project due to our inability to obtain materials as a result of a labor dispute involving local
material suppliers" and that "when the full extent of this becomes apparent, we will submit
a request for the appropriate time extensions"; and
WHEREAS, to date no such extension to a date certain has been submitted; and
WHEREAS, the City's engineer has notified the City that the rainy season
commences in mid-October and that if such improvements are not completed by then and
that if the construction remains in its current incomplete condition an emergency situation
will result thus affecting the public health, safety, and welfare; and
WHEREAS, the City's engineer has further notified the City that in order to perform
such work as is necessary to alleviate the emergency situation, such work must be
conunenced immediately and that even if so conunenced there still exists the possibility that
an emergency may occur; and
WHEREAS, Section 6-3.1 of the Standard Specifications for Public Works
Construction, 1994 Edition permits work to be suspended in whole or in part when it is
determined by the City's engineer that the suspension is necessm)' in the interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. That due to the incomplete construction of the Downtown 2000
Streetscape Project and the inability of the Contractor to continue work on the Project an
urgent threat to the public health, safety and welfare exists.
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SECTION 2. That pursuant to Section 6-3.1 of the Standard Specifications for Public
Works Construction, 1994 Edition, as determined by the City's engineer the work to be
performed by Contractor on the portion of said Project as is generally specified herein is
hereby suspended as such suspension is in the interest of the City;
Huntington Drive between Santa Anita Avenue and Second Avenue;
First Avenue between Huntington Drive and Wheeler Avenue;
Huntington Drive between San Rafael Road to the East Branch
of the Arcadia Wash.
SECTION 3. That due to the threat to the public health, safety, and welfare, the City
Manager or his designee shall have the authority to contract with such parties as are
necessary to complete the work on the Project so that such threat is alleviated. The City
Manager or his designee shall have the authority to use, in his discretion, City workers on
the Project as is necessary.
SECTION 4. lbat only such work as is necessary to alleviate the threat to the public
health, safety, and welfare and such work reasonably related to same shall be performed by
such parties. The scope of the work shall be determined by the City Manager or his designee
after consultation with the City's engineer.
SECTION 5. That pursuant to Section 1212 of the City Charter of the City of
Arcadia, the City Council finds that due to the facts stated herein the work to be performed
is of urgent necessity for the preservation oflife, health, or property, the City Council hereby
waives the specific bid process, and that such contracts may be let and that such purchases
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may be made without advertising for bids.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Resolution is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not effect the validity of
the remaining portions of this Resolution. The City Council of the City of Arcadia hereby
declares that it would have adopted this Resolution and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
SECTION 7. That the City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this ZZnd day of August
,1995.
ATTEST:
APPROVED AS TO FORM:
'lLfLt /(J~eL
City of Arcadia
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5877
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the city of Arcadia, hereby
certify that the foregoing Resolution No. 5877 was passed and
adopted by the City Council of the City of Arcadia, signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 22nd day of August, 1995 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Kuhn, Ulrich, Young and Lojeski
NOES: None
ABSENT: Councilmember Chang
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