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Resolution authorizing the continuation of emergency repair work to address the storm drain failure and related repairs on Junipero Serra Boulevard near Westborough Boulevard.
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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; City Council authorized an agreement with Interstate Grading & Paving of South San Francisco, CA (“Contractor”) to perform the repair work in the amount of $537,525; and City Council approved Budget Amendment No. 18.023 in the amount of $663,525 to cover the cost of the emergency repair project; and
WHEREAS, City Council also authorized an agreement with Cotton Shires & Associates to design and inspect the repair work, and to be present on-site during the emergency repair work to provide additional engineering assessments as necessary due to the urgent and unforeseen nature of the proposed repair work; and
WHEREAS, the authorized 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, on March 14, 2018, City Council approved Budget Amendment No. 18.026 in the amount of $23,845, increasing the total emergency repair project budget to $687,371; and
WHERAS, on March 28, 2018, City Council adopted a resolution authorizing further continuation of emergency repair work to address the storm drain failure and related repairs on Junipero Serra Boulevard near Westborough Boulevard; and
WHEREAS, to date, the Contractor 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; and
WHEREAS, the repair work has made slow progress due to recent rains; however, the site has now dried and the Contractor has mobilized and began construction of the drainage system; and
WHEREAS, the Contractor has also delivered all the construction material to the site and Cotton, Shires & Associates continues to be present onsite to inspect the progress of work; and
WHEREAS, although the site has been stabilized, it is still an extremely dangerous condition for the public and additional emergency repair work is still needed to eliminate the dangerous conditions.
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 emergency conditions continue to exist on Junipero Serra in the City that threaten public health and safety due the storm drain damage, and such emergency conditions would not permit additional delay resulting from competitive solicitation for bids for the work staff ordered done at such properties as described above, and such work continues to be necessary to respond to the emergency conditions on Junipero Serra and eliminate dangerous public road conditions; and
C. Terminating the emergency repair project now and let the remaining work on Junipero Serra to competitive bidding would jeopardize public health, safety and welfare; risk additional damage to public and private property; and result in the public incurring additional expense, including, but not limited to, additional expense due to delay and further damage. Therefore, it remains that competitive bidding of such work would not produce an advantage for the public; and
D. The emergency work authorized on Junipero Serra in the City continues to be 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 City Council determines that the emergency conditions at Junipero Serra Boulevard near Westborough Boulevard threatening public health and safety continue to exist and thus authorizes the continuation of emergency repair work to address the storm drain failure emergency and related repairs.
3. 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.
4. This resolution shall become effective immediately.
5. 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.
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