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HomeMy WebLinkAboutReso 39-2018 (18-167)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 39 -2018 File Number: 18 -167 Enactment Number: RES 39 -2018 RESOLUTION AUTHORIZING THE CONTINUATION OF EMERGENCY REPAIR WORK TO ADDRESS THE STORM DRAIN FAILURE AND RELATED REPAIRS ON JUNIPERO SERRA BOULEVARD NEAR WESTBOROUGH BOULEVARD; AND FURTHER AMENDING THE FISCAL YEAR 2017 -18 PUBLIC WORKS DEPARTMENT OPERATING BUDGET BY AN ADDITIONAL $23,845 PURSUANT TO BUDGET AMENDMENT NO. 18.026. WHEREAS, on February 14, 2018, City Council adopted a resolution authorizing emergency repair work to address the storm drain failure located in the vicinity of Junipero Serra Boulevard, just north of Westborough Boulevard; and WHEREAS, City Council authorized an agreement with Interstate Grading & Paving of South San Francisco, CA to perform the repair work in the amount of $537,525; and WHEREAS, City Council also authorized an agreement with Cotton Shires & Associates to design and inspect the repair work; and WHEREAS, the recommended repair work is to clear out the debris, stabilize the undermined cavity with engineered fill and fix the storm drain lines, and reconstruct the failed portion of the roadway accordingly; and WHEREAS, to date, Interstate Grading & Paving has continued the traffic control on Junipero Serra by installing K- rails, cleared and grubbed the affected area, removed the unsafe street section, plugged the storm drain system to prevent any storm water from further erosion, and stabilized the area on a Time and Material (T &M) basis, at an initial cost of $71,253; and WHEREAS, due to the current wet weather conditions, the repair work has been very slow and the site needs to dry before any of the grading can occur; and WHEREAS, although the site has been stabilized, it is still an extremely dangerous condition for the public; and WHEREAS, City staff recommends that repair work be completed using the engineered fill method; and City of South San Francisco Page 1 File Number: 18 -167 Enactment Number: RES 39 -2018 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: 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; and 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 $71,253 and payment therefor, is hereby ratified. City of South San Francisco Page 2 File Number: 18 -167 Enactment Number: RES 39 -2018 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. 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 authorizes the continuation of emergency repair work to address the storm drain failure and related repairs on Junipero Serra Boulevard near Westborough Boulevard 7. The City Council hereby amends the 2017/18 Public Works Department operating budget by $23,845 pursuant to budget amendment #18.026 to cover the cost of the emergency repair work. 8. This resolution shall become effective immediately. 9. 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. At a meeting of the City Council on 3/14/2018, a motion was made by Pradeep Gupta, seconded by Mark Addiego, that this Resolution be adopted. The motion passed. City of South San Francisco Page 3 File Number: 18 -167 Enactment Number: RES 39 -2018 Yes: 4 Mayor Normandy, Mayor Pro Tern Matsumoto, Councilmember Gupta, and Councilmember Addiego Absent: Attest City of South San Francisco Page 4