COMPLETED BOARD ORDER"�|E�w�51.1
Before the Board of Supervisors in and for the
County of Monterey, State of California
Adopt Resolution:
a. Declaring an emergency as defined by California Public
Contract Code Section 1102 due to the closure of Blackie Road
at the railroad crossing near Del Monte Avenue, located in
Castroville, CA;
b. Finding that the emergency will not permit a delay resulting
from a formal solicitation of bids and that the action is necessary
to respond to the emergency;
c. Finding that the repairs are necessary to permit the continued
conduct of county operations or services;
d. Authorizing emergency pavement rehabilitation on Blackie
Road Castroville CA, without adopting plans and specifications
and giving notice for bids to let contracts;
e. Authorizing the Director of Public Works, or his designee, to
enter into contracts and issue purchase orders to accomplish the
required emergency work, and ratifying the execution of
emergency contracts and actions taken by the Director of Public
Works, or his designee, to respond to the emergency 4/5"' vote
required); and
f. Terminating the emergency to implement the pavement
rehabilitation on Blackie Road, Castroville, CA
Due to the need for immediate consideration by the Board of matters which arose after the
posting of the May 24, 2011 agenda, as provided in Section 54954.2 of the California
Government Code, upon motion of Supervisor Potter, seconded by Supervisor Armenta, and
carried by those members present, the Board hereby;
Unanimously added this item to the Consent Calendar for the May 24, 2011 regular
meeting of the Board of Supervisors.
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, the Board hereby;
Adopted Resolution 11-15 8
a. Declaring an emergency as defined by California Public Contract Code Section 1102
due to the closure of Blackie Road at the railroad crossing near Del Monte Avenue,
located in Castroville, CA;
b. Finding that the emergency will not permit a delay resulting from a formal
solicitation of bids and that the action is necessary to respond to the emergency;
c. Finding that the repairs are necessary to permit the continued conduct of county
operations or services;
d. Authorizing emergency pavement rehabilitation on Blackie Road Castroville CA,
without adopting plans and specifications and giving notice for bids to let contracts;
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COMPLETED BOARD ORDER"�|E�w�51.1
e. Authorizing the Director of Public Works, or his designee, to enter into contracts and
issue purchase orders to accomplish the required emergency work, and ratifying the
execution of emergency contracts and actions taken by the Director of Public Works,
or his designee, to respond to the emergency 4/5th vote required); and
f. Terminate the emergency to implement the pavement rehabilitation on Blackie Road,
Castroville, CA
PASSED AND ADOPTED on this 24th day of May, 2011, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered
in the minutes thereof of Minute Book 75 for the meeting on May 24, 2011.
Dated: May 26, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
G~~~ 14
Deputy
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RESOLUTION 11-158�"�|E�z�51.1 Resolution
Before the Board of Supervisors in and for the
County of Monterey, State of California
Resolution No. 11-158
a. Declaring an emergency as defined by California Public
Contract Code Section 1102 due to the closure of Blackie Road
at the railroad crossing near Del Monte Avenue, located in
Castroville, CA;
b. Finding that the emergency will not permit a delay resulting
from a formal solicitation of bids and that the action is
necessary to respond to the emergency;
c. Finding that the repairs are necessary to permit the continued
conduct of essential county operations or services;
d. Authorizing emergency pavement rehabilitation on Blackie
Road, Castroville CA, without adopting plans and
specifications and giving notice for bids to let contracts;
e. Authorizing the Director of Public Works, or his designee, to
enter into contracts and issue purchase orders to accomplish the
required emergency work, and ratifying the execution of
emergency contracts and actions taken by the Director of
Public Works, or his designee, to respond to the emergency
4/5ths vote required); and
f. Terminating the emergency for the pavement rehabilitation on
Blackie Road, Castroville, CA
WHEREAS, California Public Contract Code Section 1102 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, Public Contract Code Section 22050 authorizes the County to repair and take other
immediate actions required to address an emergency, and requires that findings based on
substantial evidence must be made that the emergency will not permit delay resulting from a
competitive solicitation of bids, and that the action is necessary to respond to the emergency, by
a four-fifths vote of the Board; and
WHEREAS, Public Contract Code Section 20134 further provides that in cases of emergency,
repairs that are necessary to permit the continued conduct of county operations or services may
proceed at once with the majority consent of the Board of Supervisors without adopting plans
and specifications, and without giving notice for bids to let contracts; and
WHEREAS, immediate action has been taken, to provide a safe detour route for motorist during
the track repair by Union Pacific Railroad at the Blackie Road crossing and to repave the Blackie
Road crossing; and
WHEREAS, the work is substantially complete.
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RESOLUTION 11-158�"�|E�z�NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby:
1. Finds that the foregoing facts are true and correct.
51.1 Resolution
2. Declares that a local emergency as defined by Section 1102 of the California Public
Contract Code existed on Blackie Road at the railroad crossing near the Community of
Castroville.
3. Finds that based on the evidence presented, this emergency does not permit a delay
resulting from a formal solicitation for bids, and the action is necessary to respond to the
emergency.
4. Finds that emergency repairs are necessary to permit the continued operation of county
operations or services.
5. Authorizes emergency pavement rehabilitation work without adopting plans and
specifications or giving notice for bids to let out contracts.
6. Authorizes the Director of Public Works, or his designee, to execute emergency contracts
and issue purchase orders as necessary.
7. Ratifies the emergency contracts and actions taken by the Director of Public Works, or
his designee, to respond to the emergency.
8. Terminates the emergency for the pavement rehabilitation on Blackie Road, Castroville,
CA.
PASSED AND ADOPTED on this 24`h day of May, 2011, upon motion of Supervisor Potter,
seconded by Supervisor Armenta, by the following vote, to-wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered
in the minutes thereof of Minute Book 75 for the meeting on May 24, 2011.
Dated: May 26, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
Deputy
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SIGNED BOARD REPORT"�|E�}�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: May 24, 2011 Consent
AGENDA NO.:,,
SUBJECT: Adopt a resolution:
a. Declaring an emergency as defined by California Public Contract Code
Section 1102 due to the closure of Blackie Road at the railroad crossing
near Del Monte Avenue, located in Castroville, CA;
b. Finding that the emergency will not permit a delay resulting from a formal
solicitation of bids and that the action is necessary to respond to the
emergency;
c. Finding that the repairs are necessary to permit the continued conduct of
county operations or services;
d. Authorizing emergency pavement rehabilitation on Blackie Road
Castroville CA, without adopting plans and specifications and giving
notice for bids to let contracts;
e. Authorizing the Director of Public Works, or his designee, to enter into
contracts and issue purchase orders to accomplish the required emergency
work, and ratifying the execution of emergency contracts and actions
taken by the Director of Public Works, or his designee, to respond to the
emergency 4/5th vote required); and
f. Terminate the emergency to implement the pavement rehabilitation on
Blackie Road, Castroville, CA.
DEPARTMENT: RMA Public Works
RECOMMENDATIONS:
It is recommended that the Board of Supervisors adopt a resolution:
a. Declaring an emergency as defined by California Public Contract Code Section 1102 due
to the closure of Blackie Road at the railroad crossing near Del Monte Avenue, located in
Castroville, CA;
b. Finding that the emergency will not permit a delay resulting from a formal solicitation of
bids and that the action is necessary to respond to the emergency;
c. Finding that the repairs are necessary to permit the continued conduct of essential county
operations or services;
d. Authorizing emergency pavement rehabilitation on Blackie Road, Castroville CA,
without adopting plans and specifications and giving notice for bids to let contracts;
e. Authorizing the Director of Public Works, or his designee, to enter into contracts and
issue purchase orders to accomplish the required emergency work, and ratifying the
execution of emergency contracts and actions taken by the Director of Public Works, or
his designee, to respond to the emergency 4/5th vote required); and
f. Terminate the emergency for the pavement rehabilitation on Blackie Road, Castroville,
CA.
SUMMARY/DISCUSSION:
Union Pacific Railroad is updating and repairing a number of the railroad crossings throughout
the County of Monterey. Due to the extent of the railroad crossing repairs, typically the entire
road is closed to safely remove the tracks and the pavement adjacent to the tracks. In this
particular case, the closure of Blackie Road required the pavement rehabilitation work to be done
as expeditiously as possible to minimize the disruption to the Community of Castroville. Also,
the industrial nature and heavy truck traffic in this area of Castroville added to the complexity of
the traffic handling and detour plan. Necessary preparatory work to the detour route was
undertaken in order to provide a safe detour route for commercial line trucks and the general
motoring public on the identified detour route. The Department of Public Works contracted
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SIGNED BOARD REPORT"�|E�}�Declare Emergency-Blackie Road Paving
May 24, 2011
Page 2
with Graniterock Company, dba Pavex Construction Division, to assist with the pavement
rehabilitation work, flagging and signage along the detour route.
An Emergency," as defined under Section 1102 of the California Public Contract Code, means
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." The Public Contract Code specifically allows for the Board to declare an emergency
and authorize the repair or replacement of a public facility. In the case of an emergency, Public
Contract Code Section 22050 authorizes immediate repairs and related actions, requires that
findings based on substantial evidence must be made that the emergency will not permit delay
resulting from a competitive solicitation of bids, and that the action is necessary to respond to the
emergency, by a four-fifths vote of the Board. Public Contract Code Section 20134 further
provides that in cases of emergency, repairs that are necessary to permit the continued conduct of
county operations or services may proceed at once with the majority consent of the Board of
Supervisors without adopting plans and specifications, and without giving notice for bids to let
contracts, through the use of day labor, contracts, or both.
The condition described herein meets the definition of an emergency as defined by Public
Contract Code Section 1102; does not permit a delay resulting from a formal solicitation for bids,
and allows immediate action as necessary to respond to the emergency conditions. Due to the
emergency nature of this issue, proceeding with the normal plans and specifications
development, approval, and bidding procedures would cause a delay and interruption of county
services, as well as pose a health and safety issue. Because the work is substantially complete,
staff recommends the emergency be terminated.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed and approved the procedures for finding the need for an
emergency action, and the emergency contract. Risk Management reviewed the insurance
provisions in the proposed emergency contract.
FINANCING:
There is no impact to the General Fund. The emergency contract with Graniterock Company is
estimated to not to exceed $80,000.00. There are sufficient appropriations in the Road Fund
Fund 002, Unit 8195) to finance this project. Financing for this Project will be funded by the
Road Fund.
Prepared by: Approved by:
Enrique Saavedra, 831) 755-8970
Sr. Civil Engineer
Yazdan T. Emrani, M.S., P.E.
Director of Public Works
Dated: May 23, 2011
Attachments: Board Resolution; Location Map
BIB]
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