RES-8815 Ordering Emergency Repair of Underground Sewer MainRESOLUTION NO. 8815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE FINDING AN EMERGENCY EXISTS AND
DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY DEMAND THE IMMEDIATE EXPENDITURE
OF PUBLIC MONEY WITHOUT THE COMPETITIVE
SOLICITATION OF BIDS, AND AWARDING A
CONTRACT TO M. E. SILBERMAN CO. TO REPAIR AN 8-
INCH UNDERGROUND SEWER MAIN IN TRACT 10439
ON VISTA CREST, VISTA RIDGE AND VISTA SUMMIT.
Section 1: 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: During a recent video inspection of sewer lines in Tract 10439 on Vista
Crest, Vista Ridge and Vista Summit, it was discovered that an 8-inch sewer line had
separated or broken in nine (9) locations, thus allowing the intrusion of wastewater effluent into the
soil and the potential for adverse impact upon slope
stability.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 (a) dispense with the formal notice and bid procedures ofthe Act and to repair
or replace a public facility, (b) take any directly related and immediate action required by
an emergency, (c) procure the necessary equipment, services, and supplies for those purposes,
and d) otherwise demand the immediate expenditure of public money
therefor.Section 5:The City Council of the City of Orange hereby finds and determines
that:a) An emergency exists in connection with the aforementioned sewer line to
eliminate the intrusion of wastewater effluent into the soil and its potential effect upon slope
stability;b) The public interest and necessity demand the immediate expenditure of public
money for the repair of the sewer line to safeguard life, health and
property;c) The emergency will not permit a delay that would result from a
competitive solicitation of bids;
and d) The repair of the sewer line is necessary to respond to the
Section 6: It is in the public interest to award a contract for such work without
complying with the formal notice and bid procedures otherwise required by the Act.
Section 7: The Public Works Director reports that the lowest quotation submitted for
said work was from M. E. Silberman Co. for the total SUlll of $9,900, and said quotation is
hereby accepted and the sum of $10,890 (which includes a 10% contingency) is hereby
appropriated for said work to Account No. 220.5022-427100-00106 (Sanitation and
Sewer -Contractual
Services).Section 8: The Public Works Director is hereby authorized, empowered and
directed to execute a purchase order for said public work with M. E. Silberman
Co.ADOPTED this 26th day of August,
1997 l ~ '
dA~,Mifor of the City of
Orange
II
J
1'-
r ATTEST:
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 26th day of
August, 1997, by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE Reso
No. 8815 2-TJR:dg