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HomeMy WebLinkAboutReso 62-2006 RESOLUTION NO. 62-2006 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING FINDINGS AND AUTHORIZING THE NEGOTIATION AND EXECUTION OF A CONTRACT FOR EMERGENCY WORK TO REPAIR A POTENTIALLY UNSTABLE SANITARY SE',vER AT 148 BEACON STREET WHEREAS, in September 2003, the City of South San Francisco ("City") proceeded to undertake a public works project titled Wet Weather Program Phase -1 Project, Project No. 71- 13235-0351 ("Wet Weather Project") to improve the City's storm water system; and WHEREAS, as part of the: Wet Weather Project, the City contracted with Carollo Engineering, Inc. ("Carollo") as the design professional, and Mitchell Obayashi Corporation, Joint Venture ("Mitchell") as the contractor; and WHEREAS, as part of the work for the Wet Weather Project Phase I, Mitchell had to excavate a trench approximately 6 fc~et wide and 16 feet deep through a parking lot bdween two different structures located at 130 and 148 Beacon Street; and WHEREAS, on or about on February 14, 2005 the trench excavated at the parking lot between 130 and 148 Beacon Street failed; and WHEREAS, Mitchell filled the trench with sand and light aggregate material; and WHEREAS, in the opinion of geotechnical engineers retained by the City, the current trench conditions pose a risk to life, health and property since the sand placed in the trench could liquefy in the event of an earthquake and could cause damage to the structures at 130 and 148 Beacon Street; and WHEREAS, geotechnical engineers retained by the City and the owner's experts at 148 Beacon Street have concluded that a repair method utilizing grout injected into the trmch would resolve the liquefaction issue, thereby removing the risk to life, health and property posed by the current condition; and WHEREAS, staff recommends approval of the above described emergency work in an amount not to exceed $300,000; and WHEREAS, in addition, a well recognized exception in Common Law to the competitive bidding requirement for public entities exists where the nature of a contract or project is such that competitive proposals would be unavailing or would not produce an advantage, thereby rendering any advertisement for competitive bidding undesirable, impractical or impossible (see Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 635; 164 Cal. Rptr. 56, 58); and WHEREAS, the rationale fur the adoption of the above exception is found in the purposes of the provisions requiring competitive bidding in letting public contracts. Those purposes are to guard against favoritism, improvidence, extravagance, fraud and corruption; to prevent waste of public funds; and to obtain the best economic result for the public (see Graydon, 104 Cal.App.3d. at 636); and WHEREAS, it has also been recognized by Common Law that where competItIve proposals work an incongruity and are unavailing as affecting the final result of the public works project, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable (see Graydon, 104 Cal.App.3d. at 636); and FINDINGS WHEREAS, the City Council of the City of South San Francisco hereby finds as follows: A. Pursuant to California Public Contract Code Section 22050, substantial evidence set forth in this resolution and recorded in the meeting minutes establishes that the lemergency conditions relating to the trench do not permit the delay that would result from the competitive solicitation of bids for the work described above, and that such work is necessary to respond to the emergency conditions relating to the trench; and B. That, in addition, there is an extremely limited number of contractors within the area that have the technical expeltise and experience to perform the grout injection work described herein and that, accordingly, the delay caused by a competitive solicitation of bids for the work would not produce any advantage for the public and would needlessly and pointlessly jeopardize the public health, safety and welfare; and C. In the instant case, entering into a negotiated contract with a qualified contractor, rather than soliciting competitive proposals, would allow the City to immediately address the serious risk of harm to life, health and property posed by the trench's current condition; and D. That such a proposed negotiation of a contract would not constitute any sign of favoritism, improvidence, extravagance, fraud or corruption; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of South Sa.n Francisco. 2. A ward of a contract for the emergency work to repair the trench between 130 and 148 Beacon Street described above is exempt from California Public Contract Code competitive bidding requirements pursuant to California Public Contract Code Section 22050 and the established common-law doctrine articulated in the case of Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631. 3. City staff are hereby authorized and directed to execute on behalf of the City a contract for the performance of the emergency work described above for a total amount not to exceed $300,000 and at contract prices substantially in accordance with the terms and conditions that are appropriate for such projects of city public works departments, as approved by the City Attorney. 4. City staff are direct1ed, in accordance with California Public Contract Code Section 22050(c)(1), to place on future regular agendas of the Council an item concerning the contract authorized pursuant to this resolution so that the Council may determine whether there is a need to continue the emergency work described above or whether such work may be terminated. 5. This resolution shall become effective immediately. 6. Each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and um:nforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of South San Francisco hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 9th day of August 2006 by the following vote: AYES: Councilmembers Mark N. Addiego, Pedro Gonzalez and Karyl Matsumoto, Vice Mayor Richard A. Garbarino and Mavor Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT: None ATTEST: Jrn~ City Clerk 7