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HomeMy WebLinkAboutRDA Reso 15-2008 RESOLUTION NO. 15-2008 REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING FINDINGS AND AUTHORIZING EXECUTION OF A CONTRACT WITH IDEAL DRYING COMPANY FOR CONSTRUCTION WORIZ IN AGENCY-OWNED RESIDENTIAL UNITS WHEREAS, the Redevelopn1ent Agency of the City of South San Francisco ("Agency") is a redevelopn1ent agency existing pursuant to the Comlnunity Redevelopn1ent Law, Califo111ia Health and Safety Code Section 33000, et seq. (the "CRL"), and pursuant to the authority granted thereunder, has the responsibility to cany out the Redeveloplnent Plan ("Redevelopn1ent Plan") for the Downtown Project Area (the "Project Area"); WHEREAS, the Agency is the own~r of the residential propeliy located in the Project Area at 714-718 Linden Avenue, 310A Miller Avenue, and 341B Con1mercial Avenue (collectively, the "Property"); WHEREAS, the Propeliy has experienced damage froln water intrusion due to window leaks and deteriorating siding and waste lines; WHEREAS, repairs to the Propeliy will require the teInporary relocation of the occupants, and the Agency has identified suitable ten1porary replacement housing; WHEREAS, abatement of the Property dmnage requires specialized expeIiise that is provided by a lin1ited nun1ber of cOlnpanies operating in the area; WHEREAS, abatelnent and reconstnlction of the Property damage in an expeditious Inanner is necessary in order to alleviate and avoid public health and safety hazards; WHEREAS, in order to expeditiously con1plete repair work, an1eliorate tenant health and safety concerns and minilnize tenant displacement, it is necessary to award a contract for the repair and abateInent work on an expedited basis; WHEREAS, COInmon law recognizes an exception to cOInpetitive bidding requireInents when the nature of a contract or project is such that competitive proposals would be unavailing or would not produce a public advantage, thereby rendering advertiseInent for competitive bidding undesirable, iInpractical or impossible (see Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 635, 636); WHEREAS, in addition to the foregoing comn10n law exception, Public Contract Code Sections 20168 and 22050 pe1111it a public agency to forego formal cOInpetitive bidding requirements if the governing body adopts a resolution by a four-fifths vote declaring that the public interest and necessity demand iInInediate expenditures of public funds to safeguard life, health or property following adoption of findings based on substantial evidence that action is necessary to respond to an eInergency that will not pel1nit a delay resulting fi.OIn cOInpetitive bidding. FINDINGS WHEREAS, the Redeveloplnent Agency of the City of South San Francisco hereby finds as follows: A. The evidence set fOIih in this resolution, the accompanying staff report, and recorded in the Ineeting Ininutes for the Agency n1eeting of June 25, 2008 and July 9, 2008, establish that the need to abate and repair hazardous conditions at the Property does not pel1nit the delay that would result fTOln the cOInpetitive solicitation of bids for the work described above, and that such work is necessary to respond to emergency conditions relating to the Property; and B. Entering into a negotiated contract with a qualified contractor, rather than soliciting con1petitive proposals, will allow the Agency to in1Inediately address the public health and safety concerns posed by the conditions at the Property and will enable the Agency to n1iniInize hardship for and displacelnent of the existing tenants. NOW, THEREFORE, BE IT RESOLVED by the Redeveloplnent Agency of the City of South San Francisco that it hereby: 1. Finds that the foregoing recitals are true and conect, and the findings set fOIih herein are declared to be findings of the Redevelopn1ent Agency of the City of South San Francisco. 2. Finds that award of a contract for abateInent and repair work at the Propeliy is exempt froln cOlnpetitive bidding requireInents pursuant to Califo111ia 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. Approves the award of a contract to Ideal Drying in an mnount not to exceed Fifty-Six Thousand One Hundred and Two Dollars and Sixty Cents ($56,102.60) for build back constnlction work at the Property. 4. Authorizes the Executive Director of the Agency (or his designee) to: (i) execute a contract substantially in the form of the Agency's standard contract for public ilnprovelnent work with such modifications approved by the Executive Director and Agency Counsel, and (ii) to sign all documents and take all actions necessary or appropriate to cany out and implement the intent of this Resolution. * * * * * I hereby certify that the foregoing Resolution ,vas regularly introduced and adopted by the Redeveloplnent Agency of the City of South San Francisco at a speciallneeting held on the 9th day of July 2008 by the following vote: AYES: Boardn1embers Mark N. Addiego. Richard A. Garbarino and I(evin Mullin. Vice Chair Karyl Matsun10to and Chair Pedro Gonzalez NOES: ABSTAIN: ABSENT: ATTEST: