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HomeMy WebLinkAboutReso 81-2007 RESOLUTION NO. 81-2007 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING FINDINGS AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR EMERGENCY WORK TO REPAIR A POTENTIALL Y UNSTABLE SANITARY SEWER AT 130/148 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 I Project, Project No. 71-13235-0351 ("Wet Weather Project") to improve the City's sanitary sewer system; and WHEREAS, as part of the Wet Weather Project Phase I, 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 feet wide and 16 feet deep through a parking lot between two different structures located at 130/148 Beacon Street; and WHEREAS, on or about on February 14,2005 the trench excavated at the parking lot between 130/148 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 130/148 Beacon Street; and WHEREAS, geotechnical engineers retained by the City and the owners' experts at 130/148 Beacon Street have concluded that a repair method of excavating the trench and replacing the sand backfill with light aggregate would resolve the liquefaction issue, thereby removing the risk to life, health and property posed by the current condition; and WHEREAS, staff contacted three contractors to submit proposals for the subject repair; and WHEREAS, staff recommends approval of the above described emergency work in an amount not to exceed $ 415,000; 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 for 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 in 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 WHEREAS, in addition to the Common Law exception listed above, Public Contract Code Section 22050 permits a city to forego formal competitive bidding requirements if its city council passes a resolution by a four-fifths vote declaring that the public interest and necessity demand immediate expenditures of city funds to safeguard life, health or property, without giving notice for bids to let contracts; 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 emergency 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. 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 C. That such a proposed negotiation of a contract would not constitute any sign of favoritism, improvidence, extravagance, fraud or corruption. 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 San Francisco. 2. Award of a contract for the emergency work to repair the trench between 130/148 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 to JMB Construction, Inc. in an amount not to exceed $ 415,000 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 is directed, 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 unenforceable 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 25th day of July, 2007 by the following vote: AYES: Councilmembers Mark N. Addiego. Joseph A. Fernekes and Karyl Matsumoto, Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATTEST: ~oO;~ Interim City Clerk