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HomeMy WebLinkAbout06-13 TCSD Resolution I I I RESOLUTION NO. CSD 06-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECUlA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECUlA APPROVING A CONSTRUCTION AGREEMENT WITH RIZZO CONSTRUCTION FOR THE PATRICIA H. BIRDSAll SPORTS PARK CONCESSION STAND IMPROVEMENTS THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOllOWS: Section 1. The Board of Directors of the Temecula Community Services District hereby finds, determines and declares that: a. The Temecula Community Services District ("TCSD") is currently completing the Patricia H. Birdsall Sports Park ("Sports Park"). A portion of the facilities included the construction of a concessions stand. The improvements to the interior of the concessions stand was not bid as part of the original project as the concessionaire had not yet been selected nor had the specific requirements been established for the food service areas. b. It is necessary to specially bid the concession stand interior improvements so that they may be completed concurrently with the commencement of play in the Sports Park. It is also necessary to specially bid the concession stand interior improvements, as the TCSD was unable to reach agreement with the Sports Park contractor for the improvements. Rizzo Construction is one of the contractor's on the City's list of contractors available for informal public works bids pursuant to Public Contracts Code Section 22304. The bid of Rizzo Construction for the Sports Park concession building improvements is consistent with the TCSD engineer's estimate and lower than other quotations received for the work. c. Based on the findings set forth above, the Board of Directors of the Temecula Community Services District hereby finds and determines that the method of selecting the contractor for the Patricia H. Birdsall Sports Park concession building interior improvements has enabled the TCSD to obtain excellent bids from qualified contractors in a short period of time so as to allow for the prompt completion of the work in conjunction with the opening of the Sports Park and the protection of the public health, safety and general welfare. The Board of Directors of the Temecula Community Services District 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 structural renovation in this manner was established in Graydon v. Pasadena Redevelopment Agency et al. (1980) 104 Cal. App. 2nd 631 and the cases cited therein. R:/CSD Resas 2006/CSD Resas 06-13 I I I Section 2. The City of Temecula hereby approves that certain Agreement between the City and Rizzo Construction, Inc. in the amount of $115,020.00 for the Patricia H. Birdsall Sports Park concession building interior improvements and authorizes the President to execute the Agreement in substantially the form submitted to the Board and further approves a ten percent (10%) contingency of $11 ,502. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 1ih day of December, 2006. ATTEST: [SEAL] R:/CSD Resas 2006/CSD Resas 06-13 2 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 06-13 was duly and regularly adopted by the Board of Directors of the T emecula Community Services District of the City of Temecula at a meeting thereof held on the 1ih day of December, 2006, by the following vote: AYES: 5 BOARD MEMBERS: NOES: o BOARD MEMBERS: ABSENT: o BOARD MEMBERS: ABSTAIN: o BOARD MEMBERS: R:/CSD Resas 2006/CSD Resas 06-13 Edwards, Naggar, Roberts, Washington, Comerchero None None None . Jones, MMC oard Secretary 3