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HomeMy WebLinkAbout5882 RESOLUTION NO. 5882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THE COMPLETION OF THE DOWNTOWN 2000 STREETSCAPE AND PUBLIC FACILITIES IMPROVEMENT PROJECT (THE "PROJECT") TO BE OF URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH AND PROPERTY AND AUTHORIZING STAFF TO LET CONTRACTS AND MAKE PURCHASES FOR THE COMPLETION OF SUBJECT PROJECT WITHOUT ADVERTISING FOR BIDS; DECLARATION OF FACTS CONSTITUTING THE URGENCY, AND DIRECTION TO SELECT QUALIFIED CONTRACTORS BY REQUESTS FOR PROPOSALS WHEREAS, on August 22, 1995 the City Council adopted Resolution No. 5877 (attached) authorizing the completion of certain emergency work as set forth in said Resolution with reference to the facts recited therein which are incorporated by reference as part of this Resolution; and WHEREAS, the adoption of Resolution No. 5877 suspended a portion of the contract work with the Sully-Miller Contracting Company (Sully-Miller), but maintained the contract with Sully-Miller; and WHEREAS, as summarized in the action taken by the City to tennmate Sully-Millers' contract with the City concerning subject Project with reference to Agenda Item 8c (City Council Meeting of October 3, 1995), Sully-Miller may not return to the Project to complete the work; and 1 WHEREAS, based on the declaration of facts set forth in this Resolution, it is necessary to let the required contracts to complete the Project without advertising for bids as authorized by Arcadia City Charter Section 1212; and WHEREAS, the refeITed to SuIly-MiIler contract provides a reference point for competitively bid plices to be utilized in the selection of a new contractor to complete the Project and will be utilized by the City in a selection process based on submitted proposals and negotiation to attain a qualified contractor who can complete the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. DECLARATION OF FACTS CONSTITUTING URGENCY: 1. The Downtown 2000 Project Contract was to be completed by September 22, with the exception of landscaping which was to be completed by December 15, 1995. Timing and date of completion was a crucial element to subject contract as evidenced by various contractual provisions which reflected the needs of the City and those most affected by the Project including merchants, business people, and area residents. 2. Huntington Drive is a major arterial that is crucial to the flow of traffic through the Arcadia downtown area, to Methodist Hospital and to the Santa Anita Race Track and beyond. It is an integral part of the Los Angeles County Congestion Management Project and Traffic Signal Synchronization Program. 3. There are approximately sixty (60) separate business entities effected by traffic on Huntington Drive and related streets that are part of subject Project. 2 5882 4. In view of the current situation, further delays to the completion of the Project will directly impact the traffic flow to Santa Anita Race Track when their fall racing season commences on October 4, 1995, and will continue to affect the business entities through the Christmas shopping season. City revenues generated from local merchants and the Race Track could be diminished. 5. There are threatened claims and litigation by those in the Project area with reference to alleged damages that they are suffering as a result of the Project's status. 6. The City's emergency replacement contractor per Resolution No. 5877 has completed their work as of October 2, 1995. Without timely completion of the Project after that date, the Project area will continue as a construction site with the related negative appearance, accumulation of debris, safety considerations, and related negative physical, social and economic consequences to the preservation oflife, health, and property to those who reside, work, conduct business and transit in and through the Project area. 7. Advertising for bids will cause a delay of approximately sixty (60) to ninety (90) days to the completion of the Project. SECTION 2. AUTHORIZATION AND CONDITIONS. Pursuant to City Charter Section 1212 , the City Council finds that due to the facts stated herein the work to be performed to complete subject Project is of urgent necessity as described above and directs staff to let the required contract and make the required purchases without advertising for bids. Consistent with the Project description and the initial contract awarded for the Project, the scope of the work and selected contractor shall be determined by the City Manager or his 3 5882 designee after consultation with the City's engineer. The City Manager is authorized to execute the agreed upon contract with the selected contractor after approval as to form by the City Attorney. The above authorization is subject to the termination notice requirements applicable to Sully-Miller and their surety, and the latters non-compliance to perform the Project contract as deemed necessaty by the City. SECTION 3. 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 inespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. III III III 4 5882 SECTION 4. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 3rd day of October ,1995. Mayor 0 the City of Arcadia ATTEST: APPROVED AS TO FORM: . '/7f<A"" -)f tf1j~ City Attorney City of Arcadia 5 5882 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. 5882 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 3rd day of October, 1995 and that said Resolution was adopted by the fOllowing vote, to wit: AYES: Councilmember Chang, Kuhn, Ulrich, Young and Lojeski NOES: None ABSENT: None Ci 6 5882