HomeMy WebLinkAbout2005-05-17; City Council; Resolution 2005-161RESOLUTION NO. 2005-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ABATEMENT OF
IMPENDING PERIL AND AUTHORIZING IMMEDIATE
EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD
LIFE, HEALTH OR PROPERTY
WHEREAS, on March 18, 2005 the City Council held an emergency
meeting declaring the abatement of the impending peril of earth movement and
authorizing the expenditure of public money to safeguard life, health, or property; and
WHEREAS, at that time damage had been caused to Old Rancho Santa
Fe Road and various utilities in the area; and
WHEREAS, new Rancho Santa Fe Road is now being threatened by the
earth movement and measures are being taken to protect the road; and
WHEREAS, Zamborelli Enterprises, Inc. has been hired to help construct
a temporary retaining wall to abate the earth movement; and
WHEREAS, Civil Code section 3247 requires every original contractor
who is awarded a contract over the amount of $25,000 by a public entity to file a
payment bond with the public entity; and
WHEREAS, the exact amount of the contract is unknown but will exceed
$25,000; and
WHEREAS, the contract with Zamborelli Enterprises, Inc. is being entered
into under the emergency provisions of Public Contract Code sections 22035 and
22050; and
WHEREAS, Public Contract Code section 22035 allows the public entity
to proceed at once under an emergency contract to repair any public facility without
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adopting plans, specifications, or working details, or giving notice for bids to let
contracts. The work may be done by day labor under the direction of the governing
body, by contractor, or by a combination of the two; and
WHEREAS, the purpose of Civil Code section 3247 is to ensure that
subcontractors and material men are paid; and
WHEREAS, Zamborelli Enterprises, Inc. will provide payroll certification,
fund control and a deposit of $250,000 in a bank account set aside for the protection of
subcontractors and materials suppliers, which amount is sufficient.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad finds that the contract with
Zamborelli Enterprises, Inc. is not the type of public works contract for which Civil Code
section 3247 requires a payment bond in that:
a. The contract has not been bid and is being performed on a time
and materials basis.
b. The contract is not for a fixed amount.
c. These alternative measures are being taken to ensure that the
purposes of Civil Code section 3247 will be met.
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Special PASSED, APPROVED AND ADOPTED at akegtlkmeeting of the City
Council of the City of , Carlsbad held on the 17th day
May , 2005 by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
CLAUDE A. LEWIS,'Mayor
MATT HALL, Mayor Pro-Tern
ATTEST:
WRRAIhtEJh. WOOD, City Clerk
(SEAL)
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