R-128-15 Determining that an emergency condition exists for the Fairway Dr sewer main repairs , authorizing the letting of a contract to complete said emergency sewer main repairs

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I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R-128-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON DETERMINING THAT AN EMERGENCY CONDITION EXISTS FOR THE FAIRWAY DRIVE SEWER MAIN REPAIRS, AUTHORIZING THE LETTING OF A CONTRACT TO COMPLETE SAID EMERGENCY SEWER MAIN REPAIRS PURSUANT TO SECTION 22050 OF THE CALIFORNIA PUBLIC CONTRACT CODE AND COLTON MUNICIPAL CODE SECTION 3.08.130(A), AND DELEGATING AUTHORITY TO THE CITY MANAGER TO PROCURE SERVICES AND EQUIPMENT FOR SAID SEWER MAIN REPAIRS WITHOUT NOTICE FOR BIDS WHEREAS, on November 19, 2015, City staff responded to sewage back up at Fairway Driver between Mount Vernon Avenue and North G Street; and WHEREAS, upon further inspection it was determined that the backup was caused by the collapse of the eight -inch sanitary sewer main line running along Fairway Drive ("Sewer Main"); and WHEREAS, crews immediately responded and set up measures to prevent sewer system overflow and prevent raw sewage from backing up into residents' homes, and there is an urgent need to repair the broken portions of the Sewer Main in order to restore normal functioning for local residents and to prevent further damage to the Sewer Main; and WHEREAS, section 1102 of the California Public Contract Code defines an emergency as "a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and WHEREAS, the City Council hereby finds that the damage to the Sewer Main constitutes a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, or property, given that the Sewer Main provides essential sanitary sewer service to a significant number of residents in the vicinity, and the repairs are necessary to prevent further sewer system overflow and backups; and WHEREAS, under section 22050 of the California Public Contract Code "a public agency, pursuant to a four-fifths vote of its governing body may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to -1-