HomeMy WebLinkAboutCC Res 7465 2023-11-13 RESOLUTION 7465
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
RATIFYING THE DECLARATION OF AN EMERGENCY AND
DISPENSING WITH PUBLIC BIDDING FOR EMERGENCY SEAL
BEACH BOULEVARD WATERLINE REPAIR (CIP EM2402) ON
THE BASIS THAT THE WORK WAS OF URGENT NECESSITY,
RATIFYING THE PURCHASE ORDER WITH VALVERDE
CONSTRUCTION, INC., AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE ORDER, ACCEPTING COMPLETION
OF WORK AND DIRECTING THE FILING OF A NOTICE OF
COMPLETION FOR THE PROJECT, APPROVING BUDGET
AMENDMENT BA #24-05-02 TO ALLOCATE $260,000.00, AND
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 WITH VALVERDE
CONSTRUCTION, INC. FOR ON-CALL EMERGENCY AND
UNEXPECTED TASK UTILITY MAINTENANCE AND REPAIR
SERVICES
WHEREAS, on March 8, 2021, the City of Seal Beach (City) entered into a
Professional Maintenance Agreement with Valverde Construction, Inc. (Valverde)
for on-call emergency and unexpected task utility maintenance and repair services
for a total not-to-exceed amount of $300,000.00 for the original three-year term
("Original Term"); and,
WHEREAS, on August 24, 2023 the Public Works Department was notified of a
waterline break at the intersection of Seal Beach Boulevard and Marlin Avenue
requiring immediate repair; and,
WHEREAS, the Director of Public Works determined that as a result of the
waterline break, there was an imminent need for the City to repair the waterline to
prevent impairment of the potable water supply and to maintain the conveyance of
water to the City and its residents and businesses, and the Director of Public Works
thereupon declared an emergency finding that the repair of the waterline was of
urgent necessity for the preservation of life, health and property, and that there
would not be sufficient time for public bidding in order to carry out the work, and
authorized the emergency repair to be performed by Valverde Construction, Inc.
(Valverde); and,
WHEREAS, the City's Charter Sections 107 and 1010 authorize the City to
dispense with public bidding as necessary for the preservation of life, health or
property; and,
WHEREAS, the City desires to amend the Agreement with Valverde to increase
Valverde's compensation by $450,000 for additional on-call emergency and
unexpected task utility maintenance and repair services, for a revised contract
amount of$750.000 for the Original Term.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND
DETERMINE AS FOLLOWS:
SECTION 1. Based on the recitals set forth above, the City Council the City
Council hereby declares that the Seal Beach Boulevard Waterline
Repair, CIP EM2402, was necessary for the immediate preservation
of life, health and property of the City, and the City Council therefore
ratifies the declaration by the Director of Public Works that the Seal
Beach Boulevard Waterline Repair, CIP EM2402, was of urgent
necessity for the immediate preservation of life, health and property.
SECTION 2. The City Council hereby authorizes the City Manager to execute a
purchase order contract with Valverde Construction, Inc. for the Seal
Beach Boulevard Waterline Repair, CIP EM2402, under an existing
on-call agreement, without advertising for bids, in accordance with
the Valverde invoice dated October 10, 2023, for a total amount not-
to-exceed $256,456.15.
SECTION 3. The City accepts the completion of Seal Beach Boulevard Waterline
Repair, CIP EM2402, by Valverde Construction, Inc. in the amount
of $256,456.15 for the work performed.
SECTION 4. The City Clerk is hereby directed to file a "Notice of Completion" for
the Seal Beach Boulevard Waterline Repair, CIP EM2402, with the
Orange County Clerk-Recorder within 15 days of the date of this
resolution and to release retention 35 days after the recordation of
the Notice of Completion contingent upon no claims being filed on
the Project.
SECTION 5. The City Council hereby approves Budget Amendment #BA 24-05-
02 allocating $260,000.00 to account number 501-500-0900-55000:
( Revised/ ! Proposed Budget
Description Account Adopted Budget Budget Amendment
Capital Project501-500-0900-
p 55000 $1,523,863 $1,783,863 $260,000
SECTION 6. The City Council hereby approves Amendment No. 1 to the
Professional Maintenance Agreement dated March 8, 2021 with
Valverde Construction, Inc. for on-call emergency and unexpected
task utility maintenance and repair services increasing Valverde's
compensation by $450,000.00, for a revised total contract not-to-
exceed amount of $750,000.00, for the Original Term.
SECTION 7. The City Council hereby authorizes and directs the City Manager to
execute Amendment No. 1.
SECTION 8. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 13th day of November, 2023 by the following vote:
AYES: Council Members: Kalmick, Landau, Moore, Sustarsic
NOES: Council Members: None
ABSENT: Council Members: Steele
ABSTAIN: Council Members: None
Thomas Moore, Mayor
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Gloria D. Harper, City Cle iF'0,,,
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7465 on file in the office of
the City Clerk, passed, approved, and adopted by the Seal Beach City Council at
a r-•ular meeting held on the 13th day of November, 2023.
Gloria D. H. per, City Clerk
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