RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, CALIFORNIA, (1) DECLARING THAT THE REPAIR OF THE WATERLINE AT BUBBLING WELLS LAKE AT FAIRMOUNT PARK ARE OF URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH, AND PROPERTY, (2) WAIVING THE FORMAL COMPETITIVE PROCUREMENT REQUIREMENTS OF CITY CHARTER SECTION 1109, (3) AUTHORIZING AN INCREASE TO THE CONSTRUCTION AGREEMENT IN THE AMOUNT OF $65,703.56 TO STILWELL CONSTRUCTION, INC. FOR THE REPAIR AND (4) AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT DOCUMENTS.
WHEREAS, a leak at Bubbling Wells Lake at Fairmount Park (“Lake”) was noticed, dug up, and inspected by the Parks, Recreation and Community Services Department staff and upon further inspection, it was determined that the break and subsequent repairs were beyond maintenance staff capabilities; and WHEREAS, the break in the Lake’s supply pipe was caused by invading roots from surrounding trees; and WHEREAS, on July 27, 2021, the City entered into an Agreement for Construction with Stilwell Construction, Inc. (“Stilwell”) for the initial repair of the waterline at the Lake, which consisted of repairing 6’ of concrete pipe and camera inspection of remaining pipe; and WHEREAS, as the repairs and cleanouts were being done, the severity of the blockage was discovered to be much worse, with further root intrusions found in additional locations as the water pipeline blockage prevented water from flowing and keeping water levels stable, thereby causing the water in the Lake to go stagnant; and WHEREAS, in addition, summer temperatures accelerated the evaporation of water in the Lake causing possible health, safety and infrastructure concerns; and WHEREAS, on August 16, 2021, the City entered into a First Amendment to Agreement for Construction with Stilwell to excavate the waterline, clear the blockage of debris from the waterline, and repair the pipe; and WHEREAS, the blockage continued to occur outside of Stilwell’s scope of work of clearance; and WHEREAS, the City was concerned that drastic water evaporation would cause structural damage to the boathouse; and WHEREAS, the City was concerned that drastic water evaporation would cause damage to the natural habitat and endanger wildlife; and WHEREAS, the City was concerned that drastic water evaporation would cause a public health concern due to stagnant water and bacteria growth in the Lake; and WHEREAS, Stilwell continued clearance of the blockage and replacement of the pipe; and WHEREAS, due to the urgent necessity for this project, on September 21, 2021, the Purchasing Manager issued emergency purchase order number 222459 to Stilwell in the amount of $65,703.56 for the repair to the waterline, in accordance with Purchasing Resolution No. 23256, Section 301(d); and WHEREAS, City Charter section 1109 provides that such purchase orders may be let without advertising for bids if such work or supplies or materials shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by at least five affirmative votes of the City Council and containing a declaration of the facts constituting such urgency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, California, as follows:
Section 1: The above recitals are incorporated herein by reference.
Section 2: On the basis of the foregoing recitals and the staff report accompanying this Resolution, it is hereby found and declared that the excavation and repairs to the approximate 400’ well water line at Bubbling Wells Lake at Fairmount Park is of urgent necessity for the preservation of life, health, and property, and that the repairs may be procured without competitive bidding pursuant to City Charter 1109 and the City’s Purchasing Resolution No. 23256.
Section 3: The City Manager, or his designee, is authorized to execute the appropriate contract documents with Stilwell Construction, Inc. in the amount of $65,703.56 for the necessary repair to the waterline.
ADOPTED by the City Council this _____ day of January, 2022. ______________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the _____ day of January, 2022, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this _____ day of January, 2022. ______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
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CA: 21-0691.2 BSM 12/01/21
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4 City Attorney’s Office3750 UNIVERSITY AVENUERiverside, CA 92501(951) 826-5567City Attorney’s Office3750 UNIVERSITY AVENUERiverside, CA 92501(951) 826-5567 City Attorney’s Office
3750 UNIVERSITY AVENUE
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office
3750 UNIVERSITY AVENUE
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office3900 Main StreetRiverside, CA 92522(951) 826-5567City Attorney’s Office3900 Main StreetRiverside, CA 92522(951) 826-5567 City Attorney’s Office
3900 Main Street
Riverside, CA 92522
(951) 826-5567
City Attorney’s Office
3900 Main Street
Riverside, CA 92522
(951) 826-5567
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