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HomeMy WebLinkAbout05-035 CC Resolution I I I RESOLUTION NO. 05-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT FOR THE COMPLETION OF THE JEFFERSON AVENUE PAVEMENT REHABILITATION, PHASE II PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. declares that: The City Council of the City of Temecula hereby finds, determines and a. The Jefferson Avenue Pavement Rehabilitation Phase II contract was awarded to Griffith Company in May 2004 with work scheduled to be completed in September 2004. b. Various delays in commencing work and delays in completing the work have resulted in the City and Griffith Company agreeing to a mutual termination of the construction contract for the Jefferson Avenue Pavement Rehabilitation, Phase II Project. c. Jefferson Avenue has been in various stages of construction since July 2004. Additionally, the severe rains from November 2004 to the present have combined with the extended construction delays to create many potholes and other abnormalities in the Jefferson Avenue pavement, for. which the City has been incurring additional expenses to provide temporary repairs for such damage. d. The City has diligently maintained legally required access for the businesses along Jefferson Avenue. Despite such access being maintained, the businesses have complained of the disruption to their businesses by the extended delays. e. The contractor proposed to complete the work bid on the original project and its bid to complete the Project is consistent with the bids originally received and with other current bids for similar work. f. The City of Temecula further finds and determines that, based upon the findings set forth above, full compliance with the otherwise applicable requirements of the Public Contracts Code would be unavailing, would not produce an advantage for the City, and would thus be undesirable, impractical, and impossible. The City's authority to proceed with the embankment work in this manner was well established in Graydon v. Pasadena Redevelopment Agency et a/. (1980) 104 Cal. App. 2nd 631 and the cases cited therein. Section 2. The City Council hereby approves the construction agreement between the City of Temecula and R. J. Noble Company for the completion of the rehabilitation of Jefferson Avenue. (Project PW02-26) and auth6rizes the Mayor to execute the Agreement in substantially the form submitted to the Council. Section 3. The City Clerk shall certify to the adoption of this Resolution. R:/Resos 2005/Resos 05-35 I I I PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a meeting held on the 22nd day of March, 2005. '/ / ~ Jeff Comerchero, Mayor tJ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 05-35 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of March, 2005 by the following vote: AYES: 5 COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: ABSENT: o o COUNCILMEMBERS: None COUNCILMEMBERS: None ABSTAIN: o COUNCILMEMBERS: None Susan W Jones, CMC City Clerk R:/Resos 2005/Resos 05-35 2