HomeMy WebLinkAboutReso 24-2018 (18-92)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 24 -2018
File Number: 18 -92 Enactment Number: RES 24 -2018
RESOLUTION ADOPTING FINDINGS AND AUTHORIZING A
CONTRACT FOR EMERGENCY REPAIR WORK TO ADDRESS THE
STORM DRAIN FAILURE AND RELATED REPAIRS ON JUNIPERO
SERRA BOULEVARD NEAR WESTBOROUGH BOULEVARD; AND
AMENDING THE 2017 -18 PUBLIC WORKS DEPARTMENT
OPERATING BUDGET BY $663,525 PURSUANT TO BUDGET
AMENDMENT NO. 18.023.
WHEREAS, at approximately 2:30 p.m. on Wednesday, January 24, 2018, City of South San Francisco
( "City ") staff were alerted of an apparent storm drain failure located in the northbound lanes of Junipero
Serra Boulevard near Westborough Boulevard; and
WHEREAS, City staff examined the site and determined that the failure involved a storm drain line due
to corroded pipes and erosion of soil undermining the road section; and
WHEREAS, as a result of the storm drain failure, the City as an emergency response measure contacted
Interstate Grading & Paving of South San Francisco, CA, Contractor License No. 366020, expiration
date November 30, 2018, license class "A ", to implement a lane closure to prevent motorists from
driving in the affected lane and perform additional initial emergency work; and
WHEREAS, the initial emergency work, which includes implementing the lane closure, continuing
traffic control on Junipero Serra with the installation of K- rails, clearing and grubbing the affected area,
removing unsafe street section, plugging the storm drain system to prevent further erosion, and
stabilizing the area on a Time and Material (T &M) basis, was performed by Interstate Grading and
Paving, Contractor License No. 366020, expiration date November 30, 2018, license class "A ", in the
amount not to exceed $55,000; and
WHEREAS, the City, through its on -call contracts, called geotechnical engineers, Cotton Shires &
Associates, to assess the damage and recommend repair measures; and
WHEREAS, due to the emergency nature of the storm drain failure and potential threats to public health
and safety, City staff contacted Interstate Grading & Paving, Contractor License No. 366020, expiration
date November 30, 2018, license class "A "; and ProVen Management, Inc., Contractor License No.
749370, expiration date May 31, 2019, license class "A ", for repair work quotes. Both contractors
expressed their ability to quickly mobilize to assess and repair the damaged storm drain main and effect
related repairs
City, of South San Francisco Page 1
File Number. 18 -92
recommended by the geotechnical engineers; and
Enactment Number: RES 24 -2018
WHEREAS, prior to the January 29, 2018 Special City Council meeting, City staff received two (2)
estimates from contacted Interstate Grading & Paving of South San Francisco, CA, Contractor License
No. 366020, expiration date November 30, 2018, license class "A ", in the amount of $229,989.88; and
ProVen Management, Inc. of Oakland, CA, Contractor License No. 749370, expiration date May 31,
2019, license class "A" in the amount of $247,109, depending on the type and extent of work performed;
and
WHEREAS, further investigation of the existing site revealed extensive damage, and City staff and the
City's geotechnical engineer re- evaluated the previous repair plans and modified the plans to address
current site and soil conditions, in which the City could either use rip rap or engineered fill to repair the
slide; and
WHEREAS, based on the revised repair plans, City staff contacted Interstate Grading & Paving of South
San Francisco, CA, Contractor License No. 366020, expiration date November 30, 2018, license class
"A "; ProVen Management, Inc. of Oakland, CA, Contractor License No. 749370, expiration date May
31, 2019, license class "A "; JMB Construction of South San Francisco, CA, Contractor License No.
715324, expiration date November 30, 2019, license class "A "; and Granite Rock Company of
Watsonville, CA, Contractor License No. 22, expiration date April 30, 2019, license class "A" for quotes
on the proposed modified repair work; and
WHEREAS, ProVen Management, Inc., JMB Construction, and Granite Rock Company declined to
provide a quote because the firms did not have the resources to dedicate to this project; and
WHEREAS, Interstate Grading and Paving provided a quote of $537,525 for the engineered fill repair
method and $759,300 for the rip rap repair method; and
WHEREAS, City staff recommends that repair work be completed using the engineered fill method; and
WHEREAS, due to the urgent and unforeseen nature of the proposed repair work, Cotton Shires &
Associates will, pursuant to the on -call services agreement, continue to be present on -site during the
emergency repair work to provide additional engineering assessments as necessary.
FINDINGS
WHEREAS, the City Council of the City of South San Francisco hereby finds as follows:
City of South San Francisco Page 2
File Number. 18 -92 Enactment Number., RES 24 -2018
A. Pursuant to California Public Contract Code Section 20168, the public interest and necessity
demanded the immediate commencement of the above - described work on Junipero Serra in the City and
the expenditure of public money for such work to safeguard life, health and property; and
B. Pursuant to California Public Contract Code Section 22050, substantial evidence as set forth in
the staff report prepared concerning this resolution, and as set forth in this resolution, establishes that the
emergency conditions on Junipero Serra in the City would not permit delay resulting from competitive
solicitation for bids for the work staff ordered done at such properties as described above, and such work
was necessary to respond to the emergency conditions on Junipero Serra in the City;
C. Competitive bidding of the emergency work ordered at on Junipero Serra in the City would have
jeopardized the public health, safety and welfare, and risked damage to public and private property, and
resulted in the public incurring additional expense, including, but not limited to, additional expense due
to delay and further damage, and therefore competitive bidding of such work would not produce an
advantage for the public; and
D. The emergency work ordered on Junipero Serra in the City is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
Section 15269, subparagraphs (b) and (c).
NOW, THEREFORE, the City Council of the City of South San Francisco hereby does resolve, by at
least a four -fifths vote, as follows:
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. The initial emergency work performed to date by Interstate Grading & Paving, Contractor License
No. 366020, expiration date November 30, 2018, license class "A ", in the amount not to exceed $55,000
and payment therefor, is hereby ratified.
3. The award of a contract or contracts for the aforementioned emergency repair work, as well as
the remaining emergency repair work, as ordered and proposed on Junipero Serra in the City is exempt
from California Public Contract Code competitive bidding requirements pursuant to California Public
Contract Code Sections 20168 and 22050 and the established common -law doctrine articulated in the
case of Graydon a Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631.
4. A contract for additional emergency repair work is hereby awarded to Interstate Grading &
Paving of South San Francisco, CA and the City Manager is hereby authorized and directed to execute
on behalf of the City a contract with Interstate Grading & Paving of South San Francisco, CA for the
performance of the emergency work described above at contract price not to exceed $537,525 for the
engineered fill of the undermined cavity and the repair of the storm drain lines, and associated work such
as removing debris, grading and filling, as approved to form by the City Attorney and take any other
related action necessary to further the intent of this Resolution.
City of South San Francisco Page 3
File Number: 18 -92
Enactment Number: RES 24 -2018
5. City staff is directed, in accordance with California Public Contract Code Section 22050(c)(1), to
place on future regular agendas of the City Council an item concerning the contracts authorized pursuant
to this resolution so that the City Council may determine, by at least a four -fifths vote, whether there is a
need to continue the emergency work described above or whether such work may be terminated.
6. The City Council hereby amends the 2017/18 Public Works Department operating budget by
$663,525 pursuant to budget amendment #18.023 to cover the cost of the emergency repair work.
7. This resolution shall become effective immediately.
8. 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 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.
Es
At a meeting of the City Council on 2/14/2018, a motion was made by Karyl Matsumoto, seconded by
Richard Garbarino, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Garbarino, and
Councilmember Addiego
Absent: 1 Councilmember Gupta
Attest by
Kri a melli
City of South San Francisco Page 4
The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
1
MINOR CONSTRUCTION AGREEMENT
This Agreement (this “Agreement”) is made and entered into between the City of South San
Francisco, a municipal corporation (“City”) and Interstate Grading & Paving, Inc., (“Contractor”)
effective as of February 14, 2018 (the “Effective Date”). City and Contractor are hereinafter collectively
referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as
follows:
1. Scope of Work. Contractor shall provide the following services and/or materials (“the
Work”): Emergency Storm Drain Repair, as more particularly described in the Scope of Work, attached
hereto and incorporated herein as Exhibit A. In the event of a conflict or inconsistency between the text of
the main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail.
The Work shall commence on January 26, 2018, and shall be completed to the satisfaction of the City by
February 28, 2018, unless such date is extended or otherwise modified by the City in writing).
2. Payment. City shall pay Contractor an amount not to exceed: Six Hundred Sixty Three
Thousand Dollars ($663,000) for the full and satisfactory completion of the Work in accordance with the
terms and conditions of this Agreement. The amount stated above is the entire compensation payable to
Contractor for the Work performed hereunder, including all labor, materials, tools and equipment
furnished by Contractor.
(A) Invoices. City shall make monthly payments, based on invoices received, for Work
satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that
complies with all of the requirements above to pay Contractor.
(B) False Claims Act. Presenting a false or fraudulent claim for payment, including a change
order, is a violation of the California False Claims Act and may result in treble damages and a
fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation.
(C) Retention and Final Payment. City shall retain five percent (5%) of each payment,
which shall be paid within sixty (60) days after acceptance of the services, as described in Section
11, and submittal to City of a final invoice, if all services required have been satisfactorily
performed. Contractor may substitute securities or establish an escrow in lieu of retainage,
pursuant to Public Contract Code Section 22300.
3. Independent Contractor. It is understood and agreed that this Agreement is not a contract
of employment and does not create an employer-employee relationship between the City and Contractor.
At all times Contractor shall be an independent contractor and Contractor is not authorized to bind the
City to any contracts or other obligations without the express written consent of the City.
4. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify,
defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed
officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”)
from and against any and all liability, loss, damage, claims, expenses and costs (including, without
limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of
or in connection with Contractor’s performance of the Work or Contractor’s failure to comply with this
Agreement, except such Liability caused by the gross negligence or willful misconduct of the City
Indemnitees.
5. Excavations. In accordance with Public Contracts Code Section 714, Contractor shall
promptly notify City in writing of discovery of any material Contractor believes may be hazardous waste
as defined in Section 25117 of the Health and Safety Code or of any subsurface or latent physical
conditions at the site of any unusual nature differing materially from those generally inherent in the work
described in Exhibit A. Upon receipt of such communication, City shall promptly investigate the
conditions and if conditions do materially differ, shall issue a change order providing for additional time
or payment of additional costs.
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Minor Construction Agreement
[Rev:11/14/2016]
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6. Relocation of Utilities. In the event that the completion of the services described in
Exhibit A requires the removal or protection of main or trunk line public utility facilities, the City shall be
responsible for removal and protection of such public utilities pursuant to Government Code Section
4215.
7. Insurance. Prior to beginning the Work and continuing throughout the term of this
Agreement, Contractor (and any subcontractors) shall, at Contractor’s (or subcontractor’s) sole cost and
expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and
maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than
ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION
DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products,
completed operations and contractual liability coverage. The policy shall also include coverage for
liability arising out of the use and operation of any City-owned or City-furnished equipment used or
operated by the Contractor, its personnel, agents or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and
non-owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the City
Indemnitees as additional insureds. The certificates shall contain a statement of obligation on the part of
the carrier to notify City of any material change, cancellation, termination or non-renewal of the coverage
at least thirty (30) days in advance of the effective date of any such material change, cancellation,
termination or non-renewal. Further, if the Vendor’s insurance policy includes a self-insured retention
that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of
providing that payments of the self-insured retention by others, including additional insureds or insurers
do not serve to satisfy the self-insured retention, such provisions must be modified by special
endorsement so as to not apply to the additional insured coverage required by this agreement so as to not
prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to
be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note
whether the policy does or does not include any self-insured retention and also must disclose the
deductible. The City’s Risk Manager may waive or modify any of the insurance requirements of this
section by means of a written document.
8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products
and/or Services are as described in this Agreement, including any exhibits incorporated, conform to all
drawings, samples, descriptions and specifications; (B) All Work, Products and/or Services delivered are
new and of good merchantable quality, free from material defects of workmanship and fit for the purpose
for which sold or provided; (C) Contractor has good title to all Products delivered and all Products
delivered are free from liens and other encumbrances; and (D) Contractor's Work will be in strict
conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not
meeting the foregoing quality shall be deemed defective.
Contractor shall guarantee the Work to be free of defects in material and workmanship for a
period of one (1) year following the City’s acceptance of the Work (“Contractor’s Guarantee”), as
described in Section 11. As part of Contractor’s Guarantee, Contractor agrees to make, at Contractor’s
own expense, any repairs or replacements made necessary by defects in material or workmanship which
become evident within the one-year guarantee period. The Contractor’s Guarantee is effective regardless
of whether or not a maintenance bond is required by the City for this Agreement.
The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
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9. Licenses. Contractor represents and warrants that Contractor possesses all licenses,
permits, and qualifications legally required for the performance of the Work. Contractor shall, at
Contractor’s sole cost and expense, maintain all such licenses, permits and qualifications in full force and
effect throughout the term of this Agreement.
10. Damage to City Facilities and Site Safety. Damage to City or public facilities or private
property caused by the Contractor or by its subcontractors during performance of the Work shall be
repaired and/or replaced in kind at no cost to the City. The worksite shall be kept clean and free of
hazards at all times during installation. After work is completed at the site, Contractor shall clean the
surrounding area to the condition prior to performance of the Work.
11. Final Inspection and Work Acceptance. All Work shall be subject to final inspection and
acceptance or rejection by the City.
12. Compliance with all Applicable Laws. Contractor shall comply with all applicable local,
state and federal laws, regulations and ordinances in the performance of this Agreement. Contractor shall
not discriminate in the provision of service or in the employment of persons engaged in the performance
of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status,
sexual orientation, age, physical or mental disability in violation of any applicable local, state or federal
laws or regulations.
13. Payment of Taxes; Tax Withholding. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt
from tax withholding, Contractor must provide City with a valid California Franchise Tax Board form
590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated
herein as Exhibit B. Unless Contractor provides City with a valid Form 590 or other valid, written
evidence of an exemption or waiver from withholding, City may withhold California taxes from payments
to Contractor as required by law. Contractor shall obtain, and maintain on file for three (3) years after the
termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Contractor accepts sole responsibility for withholding taxes from any non-California
resident subcontractor and shall submit written documentation of compliance with Contractor’s
withholding duty to City upon request.
14. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers,
workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the
prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the
work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant
to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic
employed by Contractor or by any subcontractor shall receive the wages herein provided for. The
Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section
1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem
wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker
shall be paid by the Contractor to each worker.
The City will not recognize any claim for additional compensation because of the payment by the
Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases
is one of the elements to be considered by the Contractor.
NOTE: An error on the part of an awarding body does not relieve the Contractor from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor
Code Sections 1770-1775.
(A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Contractor shall post at appropriate conspicuous points at the site of the project a schedule
showing all determined prevailing wage rates for the various classes of laborers and
The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
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mechanics to be engaged in work on the project under this contract and all deductions, if
any, required by law to be made from unpaid wages actually earned by the laborers and
mechanics so engaged.
(B) Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed by the
Contractor in connection with the public work. Such records shall be certifies and
submitted weekly as required by Labor Code Section 1776.
15. Patents. The Contractor shall assume all costs arising from the use of patented materials,
equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save
harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized
representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented
materials, equipment, services, or processes.
16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both
Contractor and City shall undergo alternative dispute procedures as outlined in Public Contract Code
Section 20104, et seq. The Parties also expressly agree that such procedures are incorporated as though
fully set forth in this Agreement.
17. Prevailing Party. In the event that either party to this Agreement commences any legal
action or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the
prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated
with that legal action or proceeding.
18. Termination. City may terminate or suspend this Agreement at any time and without
cause upon written notification to Contractor. Upon receipt of notice of termination or suspension,
Contractor shall immediately stop all work in progress under this Agreement. The City's right of
termination shall be in addition to all other remedies available under law to the City.
19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
20. Entire Agreement. This Agreement represents the entire and integrated agreement
between the Parties. This Agreement may be modified or amended only by a subsequent written
agreement signed by both Parties.
21. Non-Liability of Officials, Employees and Agents. No officer, official, employee or
agent of City shall be personally liable to Contractor in the event of any default or breach by City or for
any amount which may become due to Contractor pursuant to this Agreement.
22. Execution in Counterparts. This Agreement may be executed in counterparts and/or by
facsimile or other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with other signed
counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.
23. Notice. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if
personally delivered; (ii) when received if transmitted by telecopy, if received during normal business
hours on a business day (or if not, the next business day after delivery) provided that such facsimile is
legible and that at the time such facsimile is sent the sending Party receives written confirmation of
receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service
(e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt
requested. In each case notice shall be sent to the respective Parties as follows:
The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
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Contractor:
Interstate Grading & Paving, Inc.
128 So. Maple Ave
South San Francisco, CA 94080
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above.
CITY: CONTRACTOR:
By:__________________________ By:__________________________
Mike Futrell H. Michael Pariani
City Manager President
APPROVED AS TO FORM:
____________________________
City Attorney
2729960.1
The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
6
EXHIBIT A
SCOPE OF WORK
The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
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The City of South San Francisco
Minor Construction Agreement
[Rev:11/14/2016]
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EXHIBIT B
FORM 590