HomeMy WebLinkAboutr10328 sewer line creek crossingRESOLUTION NO . 10328 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZIN G
THE CITY MANAGER TO AWARD A CONTRACT FOR THE IMMEDIAT E
REPLACEMENT OF THE SEWERLINE CREEK CROSSIN G
WHEREAS,on November 29, 2011, City staff identified a structurally unsound ,
unsupported sewerline in imminent danger of failure at a location that crosses a creek ; and
WHEREAS,if the City does not replace the sewerline in this timeline the health, safet y
and welfare of the public will be compromised ; and
WHEREAS,at least four-fifths of the City Council finds that an emergency exists du e
the condition of the sewerline, which requires immediate replacement ; and
WHEREAS,the City has prepared a plans and specification package for the replacemen t
of the sewerline ; an d
WHEREAS,the City may suspend bidding requirements for emergency projects when i n
the best interest of the public .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Effective Date . This Resolution shall take effect immediately upon it s
passage and adoption .
SECTION 2 . Pursuant to Public Contract Code section 20168 and 22050, the Cit y
Council hereby declares that the sewerline's serious structural deficiencies constitute a n
emergency that requires the City to replace the sewerline immediately .
SECTION 3 . Pursuant to Public Contract Code section 20168 and 22050, and any othe r
applicable exception, the City hereby suspends the application of public bidding requirement s
found in the Charter and state law for the replacement of the sewerline .
SECTION 4 . The City Council authorizes the City Manager to execute an agreemen t
between the City of San Luis Obispo and the Contractor for the replacement of the sewerline .
SECTION 5 .The City Manager is hereby authorized to enter into a contract with th e
contractor who submits the lowest, responsible estimate to perform the work necessary t o
relocate the replacement of the sewerline not to exceed the Engineer's Estimate, and to take any
other action as deemed appropriate to abate the threat to the public's health, safety and welfar e
caused by the sewerline . If the City Manager takes any further action or must enter into a
contract that exceeds the Engineer's Estimate, the City Manager shall report such action taken t o
the City Council at the next regularly scheduled meeting . The authority granted to the Cit y
Manager herein shall terminate upon completion of the replacement of the sewerline .
R 10328
Resolution No . 10328 (2012 Series )
Page 2
Upon motion of Vice Mayor Carpenter, seconded by Council Member Smith, and on th e
following vote :
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpente r
and Mayor Mar x
NOES :
None
ABSENT : None
The foregoing resolution was adopted this 17th day of January 2012 .
ATTEST :
Elaina Can o
City Clerk