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RESOLUTION NO. 2023- 075
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DECLARING AN URGENT
NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH,
PROPERTY AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO ENTER INTO AGREEMENTS WITHOUT
ADVERTISED COMPETITIVE BIDDING FOR THE
EMERGENCY REPAIR OF THE NORTH AVENUE SEWER
TRUNK MAIN
WHEREAS, the Cityof Fresno(City)ownsandoperatesthe RegionalWastewater TreatmentFacility(Facility) locatedat West JensenAvenue; and WHEREAS, the sewer trunk main in North Avenue conveys an average of
11.5 milliongallonsof wastewaterper day to the Facility; and WHEREAS, the sewer trunk main experienced a localized structural collapse, on February24, 2019, eastof the BurlingtonNorthernSantaFe Railwayand the Union Pacific Railroad, approximately 0.2 miles west of Maple Avenue; and WHEREAS, onJune13, 2019, a priordeclarationof urgentnecessitywas declared to repair the collapse; and
WHEREAS, the condition of the sewer trunk main was in such state of deterioration the contractorwas onlyableto stabilizethe soil in the collapseareaand installedbeams forplacementof atemporarycoveroverthecollapsedsegment; and WHEREAS, a design consultant has since preparedimprovementplans for the North Avenue RealignmentProject (Realignment Project) to replace the deteriorated sewertrunk mainand said projecthas been bid and awarded; and WHEREAS, the first order of work by the contractor was performing subsurface utilityexplorationwhichlocatedutilitiesinconflictwiththeRealignmentProject; and 1 of 4
Date Adopted: 03/ 30/ 2023
Date Approved: 04/ 04/ 2023 Resolution No. 2023- 075 Effective Date: 04/ 04/ 2023
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WHEREAS, theconflictingutilitiesrequirerelocatinginorderfortheRealignment Projectto proceed, hencesuspendingprojectconstruction; and WHEREAS, the utilityrelocationswill requireseveralmonthsfor completionby their respective owners; and
WHEREAS, onJanuary27, 2023, thedeterioratedsewertrunkmainexperienced anotherstructuralcollapseimmediatelyadjacenttoandwestofthepriorfailure; and WHEREAS, it is conceivablethe structuralfailureof the remainingsegmentof sewer trunk main is eminent; and
WHEREAS, an emergencyrepair of the North Avenuesewertrunk main is essentialfor continuedconveyanceof wastewaterto the Facility; and WHEREAS, the continuedoperationof the NorthAvenuesewertrunkmainis essentialfor the healthandsafetyofthe community, as a full collapsemaycausesanitary sewer overflow; and
WHEREAS, furtherdelaysand proceedingthrougha formalbid processcould haveseriousnegativeimpactontheoperationoftheNorthAvenuesewertrunkmainand the healthandsafetyofthesurroundingareaandcommunityat large; and WHEREAS, enteringintoagreements, withoutcompetitivebiddingfor various services, isnecessaryforthetimelyperformanceoftheemergencyrepairwork.
NOW, THEREFORE, BE IT RESOLVEDby the Council of the City of Fresnoas follows:
1. Theforegoingfactsconstituteanurgentnecessityforthepreservationof life, health or property.
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2. Therequirementof advertisingfor bidsis herebywaivedpursuantto Charter Section 1208( a).
3. TheCityManagerordesigneeisauthorizedto negotiate, enterandexecute service agreements, materials purchase agreements, railroad agreements and a constructioncontractfor the emergencyrepairof the NorthAvenuesewertrunk main, at a cost notto exceed $3,200,000, subjectto priorapprovalasto form bythe CityAttorney's Office.
4. The Council finds the Project in the best interest of the City.
5. This resolution shall be effective upon final approval. 3 of 4
e
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO
I, TODD STERMER, City Clerkof the Cityof Fresno, certifythat theforegoing resolutionwas adoptedby the Councilof the Cityof Fresno, at a regularmeetingheld on the 30th day of March 2023.
AYES Perea, Karbassi, Maxwell, Chavez, Bredefeld, Esparza NOES None
ABSENT Arias
ABSTAIN None
Mayor Approval: Aril 4 , 2023
Mayor Approval/ No Return: N/ A 2023
Mayor Veto: N/ A 2023
Council Override Vote: N/ A 2023
TODD STERMER, CMC
City Cler
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW
City me
By: y 17 a?
randon o et ate
Supervising Deputy City Attorney
4of4
March 31, 2023 Council Adoption: 03/ 30/ 2023
Mayor Approval:
TO: MAYOR JERRY DYER Mayor Veto:
Override Request:
FROM- 1TODD STERMER, CMC
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Councilmeetingof March30, 2023, Counciladoptedthe attachedResolution No. 2023- 075 ` RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property and authorizing the City Manageror designee, to enter into agreements without advertised competitive bidding for the emergency repair of the North Avenue sewer trunk main ( Subject to Mayor' s Veto). Item 1- LL- 2, File ID 23- 473, by the following vote:
Ayes Perea, Karbassi, Maxwell, Chavez, Bredefeld, Esparza Noes None
Absent Arias
Abstain None
Pleaseindicateeither your formal approvalor veto by completingthe followingsectionsand executing and dating your action. Please file the completed memo with the Clerk' s office on or beforeApril 10, 2023. Incomputingthe tenday periodrequiredby Charter, thefirstdayhasbeen excludedand the tenth day has been includedunlessthe 10thday is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk' s office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor' s signed approval.
APPROVED ! NO RETURN:
VETOED for the following reasons: ( Written objections are required by Charter; attach additional sheets if necessary.)
Date:
Jerry yer, Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes 7
Noes
Absent
Abstain
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