RES-9644 Emergency Contract Award for Asphalt Replacement to Univesal Asphalt Co., IncRESOLUTION NO. 9644
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE
EMERGENCY AWARD OF A CONTRACT FOR
ASPHALT REPLACEMENT ON A PORTION OF
CLEVELAND STREET TO UNIVERSAL ASPHALT
CO., INC. AND AUTHORIZING A WAIVER OF
COMPETITIVE BIDDING REQUIREMENTS.
WHEREAS, Section 3.0S.590 of the Orange Municipal Code permits the City Manager,
in cases where an essential governmental operation affecting the public health, safety or general
welfare could be greatly hampered or disrupted by following the standard purchasing procedures
for contracting for public projects, to comply with the provisions of Public Contract Code
Section 22050 and repair or replace a public facility, take any directly related and immediate
action required by the emergency, and procure the nec(~ssary equipment, services, and supplies
for those purposes, without competitive bidding; and
WHEREAS, the City Manager determined that the removal and replacement of asphalt
on a portion of Cleveland Street, south of Trenton Avenue, was needed on an emergency basis to
eliminate the prospect of injuries occasioned by the condition of the street resulting from the
recent n~placement of water pipelines; and
WHEREAS, the City Manager awarded a contract to Universal Asphalt Co., Inc. for the
removal and replacement of the asphalt on that portion of Cleveland Street in the amount of
34,69S; and
WHEREAS, pursuant to the requirements of Subparagraph D of Section 3.0S.590 of the
Orange Municipal Code, the City Manager has reported to the City Council the reasons
justifying why the emergency will not pernlit a delay resulting from a competitive solicitation for
bids and why the action is necessary to respond to the emergency; and
WHEREAS, the City Council finds and determines that the emergency nature of the
work would not permit a delay resulting from a competitive solicitation for bids and that the
award of the contract to Universal Asphalt Co., Inc., the work is necessary to respond to the
emergency, and there is a need to continue the action.
NOW, THERE FOE, BE IT RESOLVED by the City Council of the City of Orange as
follows:
1. The City Council finds and determines that the foregoing recitals are true and
correct.
2. That the condition of that portion of Cleveland Street, south of Trenton Avenue,
constitutes an emergency under the terms and provisions of Chapter 3.08 of the Orange Municipal
Code.
3. The City Council hereby ratifies the action of the City Manager in awarding a
contract to Universal Asphalt Co., Inc., without adopting plans and specifications or giving
notice for bids to let contracts, to make the requisite repairs and replacements on that portion of
Cleveland Street and to correct the emergency condition for an amount not to exceed $34,698
and in a<:cordance with the terms of a contract in the ti)rm executed by the City Manager and
Universal Asphalt Co., Inc.
4. The City Manager is authorized and directed to do any and all things necessary or
advisable in order to effectuate the purposes of this resolution and to administer the City's
obligations, responsibilities and duties to be performed hereunder and under the contract with
Universal Asphalt Co., Inc., and all actions previously taken by the City Manager in connection
with the retention of the services of Universal Asphalt Co., Inc. are ratified and approved.
ADOPTED this 13th day of August, 2002.
JJti ktr1
Mark A. Murphy, M r of the City of Orange
ATTEST:
Cassandra J. Cathc , CIty Clerk of the CIty of Orange
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 13th day of August, 2002,
by the following vote:
AYES: COUNCILMEMBERS: SLATER, MURPHY, COONTZ, CAVECCHE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALVAREZ
ABSTAIN: COUNCILMEMBERS: NONE
AA ~~C~
Cassandra J. C~ Clerk ofthe City of Orange