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HomeMy WebLinkAbout11.a. Continue local emergency arising out of 2017 Winter Storms, and declare emergency under Public Contract Code to direct Bay Cities Paving & Grading to perform emergency repairs on Miner Road in Orinda Central San BOARD OF DIRECTORS _ POSITION PAPER Board Meeting Date: June 1, 2017 Subject: CONTINUATION OF LOCAL EMERGENCY ARISING OUT OF JANUARY 2017 WINTER STORMS; DECLARE AN EMERGENCY AND RATIFY THE GENERAL MANAGER'S ACTIONS UNDER PUBLIC CONTRACT CODE SECTION 22050 TO DIRECT BAY CITIES PAVING & GRADING, INC. TO PERFORM EMERGENCY REPAIRS ON MINER ROAD Submitted By. Initiating Dept./Div.: Shari Deutsch Administration Department Risk Management Administrator REVIEWED AND RECOMMENDED FOR BOARD ACTION: Ann Sasaki, Deputy General Manager Menton L.Alm Roger S.Baile Counsel for the Distri General Manager ISSUE: On March 2, 2017, the Board adopted Resolution No. 2017-002 proclaiming a local emergency arising from the 2017 Winter Storms. It is a statutory requirement that in such an emergency the local agency declaring an emergency shall confirm every 00 days while the emergency conditions persist. In addition, declaring an emergency under Public contract Cade section 22050(b) is also required to contract for the repairs without formal bid process. BACKGROUND: Storm damage caused by a series of severe rainstorms in January and February 2017 led to significant damage to certain central San facilities, including two sewer pipelines on Miner Road in Orinda. On March 2, 2017, the Board adapted a resolution proclaiming a local emergency, ratifying the General Manager's actions related to expenditures for emergency protective measures on Miner Road, and authorizing the General Manager to continue to expend District funds for emergency protective measures in response to the storm damage on Miner Road. The Board continued the local emergency at the April 0, 2017 and May 4, 2017 Board meetings. The effects of the storms continue to require emergency expenditures to address storm damage. Since the Board's local emergency proclamation of March 2, bypass pumping on Miner Road continues. The contractor for the city of Orinda is Bay Cities Paving & Grading, Inc. and has begun work on the permanent repair to the culvert and roadway. In order for the District's pipes to be replaced promptly without delaying or interfering with the City's culvert and roadway repairs, the replacement of the District's sewer lines must also be undertaken by Bay Cities Paving & Grading, Inc. Staff has solicited a quote from that contractor for the permanent repair to the sewer lines. The Contractor's estimate is in the $40,000 range, which is much lower than was previously anticipated. The Contractor is Page 1 of 2 POSITION PAPER Board Meeting Date: June 1, 2017 subject- CONTINUATION OF LOCAL EMERGENCY ARISING OUT OF JANUARY 2017 WINTER STORMS; DECLARE AN EMERGENCY AND RATIFY THE GENERAL MANAGER'S ACTIONS UNDER PUBLIC CONTRACT CGDE SECTION 22050 TO DIRECT BAY CITIES PAVING & GRADING, INC. TO PERFORM EMERGENCY REPAIRS ON MINER ROAD expected to be able to begin work this week or early next week and potentially complete the sewer line replacements within approximately a week of the start of the repairs. The General Manager has authority under current delegated powers to enter into this contract without any further formalities; however, Public contract code section 22050 requires the Board to find that an emergency does exist and ratify the expenditures for the emergency construction contract at each Board meeting until the contract is completed. ALTERNATIVES/CONSIDERATIONS: No feasible alternatives. FINANCIAL IMPACTS: The cost to initiate and maintain emergency protective measures through May 10, 2017 was approximately $281,000. The estimated cost to continue bypass pumping operations has increased from $70,000 per month to $90,000 per month since central San has transferred all pump watch duties to Rain For Rent. Staff's estimated cost of the permanent sewer repair is $40,000 to $60,000. COMMITTEE RECOMMENDATION: This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION: a. confirm by motion that the local emergency proclaimed on March 2, 2017, and continued on April 0 and May 4, 2017, arising from the 2017 Winter Storms continues to exist, and that emergency expenditures to address storm damages are continuing. b. Confirm by two-thirds vote that an emergency exists under Public Contract code section 22050, to justify contracting with Bay Cities Paving & Grading, Inc. to provide emergency repairs on District sewer lines on Miner Road in Orinda. Page 2 of 2