RES-9078 Emergency Regrade Repairs at Portion of Santiago Creek Hart ParkRESOLUTION NO. 9078
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING IT NECESSARY TO DO
EMERGENCY WORK AND DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY DEMAND THE
IMMEDIATE EXPENDITURE OF PUBLIC MONEY
WITHOUT FORMAL COMPETITIVE SOLICITATION
OF BIDS AND AWARDING A CONRACT TO R. J.
NOBLE COMPANY TO REGRADE A PORTION OF
THE SANTIAGO CREEK AT HART PARK.
Section I: The City of Orange is a municipal corporation located in the County of
Orange, State of California.
Section 2: The provisions of Article 4 of the Local Agency Public Construction Act
commencing with Section 20100 of the Public Contract Code) (the "Act") apply to contracts
awarded by the City of Orange for public projects.
Section 3: The winter rain storms of 1998 caused substantial erosion and damage in
Santiago Creek near Hart Park, which requires re-grading to restore the bank and the flow line
of the creek to prevent further extensive
damage.Section 4: In the case of an emergency and upon making certain findings
in accordance with Sections 20168 and 22050 of the Act, the governing body of the City of
Orange is authorized to dispense with the formal notice and bid procedures of the Act and to repair
or replace a public facility, take any directly related and immediate action required by
an mergency, procure the necessary equipment, services, and supplies for those purposes,
and otherwise demand the immediate expenditure of public
money.Section 5:The governing body of the City of Orange hereby finds and
determines
that:a) An emergency exists in connection with the Santiago Creek at Hart Park for
the reasons set forth
above;b) The public interest and necessity demand the immediate expenditure of public
money for the repair of the sewer line to eliminate the intrusion of wastewater effluent
into the soil, thereby safeguarding life, health, and
property;c) The emergency will not permit a delay that would result from a
competitive solicitation for bids;
and d) The re-grading of a portion of Santiago Creek at Hark Park is
necessary to respond to
the emergency.Section 6: It is in the public interest to award a contract for such
work without eomplying with the formal notice and bid procedures otherwise required by
Section 7: The Public Works Director/City Engineer reports that the lowest quotation
submitted for said work was from R. J. Noble Company for the total sum of $8,855.00, and said
quotation is hereby accepted.
Section 8: The City Manager is hereby authorized, empowered and directed to
execute a written agreement or work order for the said public work and improvement and in
confonnity with the foregoing with R. J. Noble Company.
ADOPTED this 9th day of February, 1999.
ATTEST:
t.--u.(. e. ?.?
MaYOr of the City of Orang
V
u~~~Jc~City Clerk ofthe C f 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 9th day of February, 1999,
by the following vote: .
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
City Clerk ofthe . of Orange
Reso No. 9078 TJR:dg