HomeMy WebLinkAbout05-035 CC Resolution
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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
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PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at
a meeting held on the 22nd day of March, 2005. '/
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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:
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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
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