HomeMy WebLinkAbout98-104 CC ResolutionRESOLUTION NO. 98-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A CONSTRUCTION
SERVICES AGREEMENT WITH PACITTO
CONSTRUCTION IN AN AMOUNT OF $212,275.06 FOR
THE COMPLETION OF THE MUSEUM BUILDING AT
SAM HICKS PARK AND MAKING FINDINGS IN
CONNECTION THEREWITH
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
a. On August 11, 1998, the City Council of the City of Temecula
entered into that certain "Lease Termination Agreement" with the Temecula Valley
Museum, Inc. ("Museum") which terminated the Lease between the City and the
Museum.
b. Pursuant to the terms of the Lease, the Museum was to
reconstruct a historic church and a museum building ("Project"). The Project has
encountered a number of construction problems and delays over the last three years.
At the time of termination of the Lease, the reconstruction the church was approximately
one hundred percent (100%) complete and the museum building was approximately
ninety percent (90%) complete.
c. Given the construction problems and the incomplete construction
on the Project, any contractor taking over the Project will need to spend a significant
amount of time determining the precise work to be completed and becoming familiar
with the plans and specifications, the construction problems, the degree of work
completed and the work which must be completed on the Project. A significant cost for
contractors would be the time to be spent in reviewing the work performed and
construction problems. Additionally, the delay in bidding the Project would adversely
impact the Project because partially completed construction would deteriorate.
d. Pacitto Construction, aka, Peter-Built Homes was the general
contractor for the museum project since the Project commenced and possesses a great
deal of knowledge and experience with the plans and specifications for the Project, the
construction problems on the Project, and the work remaining on the Project.
e. Full bidding of the construction contract to complete the Project
would be uneconomical and impractical and would not result in a benefit to the City in
that: (1) the proposed work will require a contractor to take over a troubled and complex
project; (2) any proposal would entail substantial contractor time and expense to the City
for the contractor to become familiar with the work to be completed on the Project and
the problems in construction on the Project; and (3) the likelihood of change orders for
unexpected work would be reduced by choosing a contractor with experience on the
Project.
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f. The approval of the construction on the museum building as set
forth in the construction services contract is exempt from the provisions of the California
Environmental Quality Act on the basis that the project relates to the construction and
reconstruction of an existing building pursuant to Sections 15301 and 15302 of the
CEQA Guidelines (14 Cal. Code Regs. 15301 and 15302).
Section 2. The City Council hereby approves that certain agreement entitled
"City of Temecula Construction Services Agreement for Completion of Museum Building at Sam
Hicks Park," dated as of October 27, 1998. The Mayor is authorized to execute the Agreement
on behalf of the City in substantially the form attached as Exhibit A.
Section 3. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula on October 27, 1998.
Ron Roberts, Mayor
ATTEST:
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[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
sS
I, Susan Jones, City Clerk of the City of Temecula, do hereby certify that the Resolution
No. 98-104 was duly and regularly adopted by the City Council of the City of Temecula at a
regular meeting thereof, held on October 27, 1998, by the following vote, to wit:
AYES: 5
COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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