OCTOBER 18, 2005 INTERIM IMPROVEMENTS TO McCARRELL CANYON/BARKENTINE/SEA COVE AND MISCELLANEOUS CITYWIDE DRAINAGE IMPROVEMENTS OCTOBER 18, 2005 INTERIM IMPROVEMENTS TO McCARRELL CANYON/BARKENTINE/SEA COVE AND MISCELLANEOUS CITYWIDE DRAINAGE IMPROVEMENTS OCTOBER 18, 2005 INTERIM IMPROVEMENTS TO McCARRELL CANYON/BARKENTINE/SEA COVE AND MISCELLANEOUS CITYWIDE DRAINAGE IMPROVEMENTS

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: INTERIM DIRECTOR OF PUBLIC WORKS

DATE: OCTOBER 18, 2005

SUBJECT: INTERIM IMPROVEMENTS TO McCARRELL CANYON/BARKENTINE/SEA COVE AND MISCELLANEOUS CITYWIDE DRAINAGE IMPROVEMENTS

STAFF COORDINATOR: Anne Zaworski, Senior Engineer

RECOMMENDATIONS

  1. Based on the facts set forth in this report, find that an emergency exists, which will not permit the delay that will result from a competitive solicitation for bids, and that the actions recommended below are necessary to respond to the emergency.
  2. Approve plans for the construction of interim drainage improvements at McCarrell Canyon/Barkentine/Sea Cove and permanent improvements at 30502 Palos Verdes Drive West, Crestmont/Salvation Army, Nobleview and Bronco.
  3. Authorize the Interim Director of Public Works to negotiate and execute a construction contract for the aforementioned storm drain improvements with the City’s On-Call Roadway Maintenance Contractor, Hardy and Harper Inc.
  4. Authorize the Interim Director of Public Works to obtain needed staking and inspection services from KEC Engineers Inc., with which City has an existing contract for on-call professional services.
  5. Authorize the expenditure of up to $360,000 (which includes $20,000 contingency for potential change orders which may result from unforeseen conditions) for the items of work listed above, as provided in the adopted Capital Improvements budget for Storm Drain Improvements, utilizing Infrastructure Improvement Program funds.

BACKGROUND

As a direct result of the severe 2005 Winter storms and historic flooding, on March 15, 2005, City Council approved a 16-month expenditure plan for storm drain improvements and established a Water Quality and Flood Protection Enterprise fund with $2M of General Fund Reserves (for expenditure in FY04-05 and FY05-06) and a $445K General Fund transfer into the Infrastructure Improvement Fund (for expenditure in FY04-05).

The following storm drain improvement projects (which were not identified by the Master Plan of Drainage) were identified as part of the March 15, 2005 Storm Drain Expenditure Plan, based upon the inadequate performance of portions of the City’s storm drain system during the most recent rains:

Project: Construction

Cost Estimate:

McCarrell Canyon Interim Improvements:

Palos Verdes Drive South and Southern California

Edison property involving construction of two debris

and two gabion walls within the lower reaches of

McCarrell Canyon $ 65,000

involving the construction of a new 18" storm drain

and 3 new catch basins on Sea Cove between

Barkentine and Packet $135,000

$200,000

Miscellaneous Drainage Improvements:

north side of Palos Verdes Drive South (east of Crestmont)

by constructing a new concrete apron and rip rap together

with two wing walls at slope toe $ 24,500

At 30502 Palos Verdes Drive West by creating a curb

opening. $ 8,600

Drive East involving the construction of a new 18" storm

drain lateral and 2 new catch basins on Bronco Drive and

the creation of a pavement crown on Bronco between PVDE

and approx 400’ west of PVDE $ 66,000

modification of an existing inlet (east of Bayend between

Upland and Crestwood) by constructing an inclined trash

rack structure $ 27,000

$126,100

Based upon the predicted upcoming wet rainy season and the history of the catastrophic flooding related to McCarrell Canyon, it was concluded that it would be more prudent to move forward with these needed improvements immediately before the onset of this year’s rainy season. Design started on all of the aforementioned improvements immediately after the March 15 City Council meeting at which Council provided direction to staff to proceed with these projects. Design plans have now been finalized and to move forward with the project in our traditional manner would require staff to advertise the projects, analyze the bids received, bring the projects to the City Council to approve the plans and award the construction contract(s), all in accordance with the State Public Contract Code. Staff estimates that the formal bid procedure would allow for commencement of construction no sooner than January 2006, which is several months after the commencement of this year’s rainy season.

DISCUSSION

Public Contract Code Section 22050(a)(1) permits a public agency to procure necessary equipment, services and supplies for emergency repairs without competitive bidding. The governing body (pursuant to a four-fifths vote) is required under Public Contract Code Section 22050(a)(2) to make a finding, based on evidence set forth in its minutes, that the emergency will not permit a delay, and that the action is necessary to respond to the emergency.

An "emergency" is defined in Public Contract Code Section 1102 as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services." Staff feels that all of the subject projects qualify as emergencies under the Public Contract Code because: (1) of the inadequate performance of some of the City’s storm drains last year; (2) the rainy season this winter is estimated to be similar to last year’s rainy season, and (3) these projects are vital for the protection of public facilities and private property. The proposed projects must be implemented immediately so that the improvements will be installed prior to the commencement of the upcoming rainy season (which officially starts on October 15) to prevent significant damage to both private and public property and the potential loss or impairment of life, health, and essential public services that would be caused by flooding similar to that which occurred during last year’s rainy season.

Approval of the recommended actions requires a four-fifths (4/5) vote of the City Council under Public Contract Code Section 22050(a)(1). In addition, Public Contract Code Section 22050(c)(1) requires that when a governing body takes action under Section 22050(a)(1), it must review that action and reaffirm it by a four-fifths vote at each subsequent regularly scheduled meeting until the action is terminated. Accordingly, staff will place this item on each subsequent agenda until each of the projects is completed.

These projects are subject to review under the requirements of the California Environmental Quality Act (CEQA). Staff has determined that the projects are exempt from the requirements of CEQA because the projects are being undertaken as emergency repairs. Furthermore, many of the projects are improvements to existing drainage facilities, consisting of additional catch basins, catch basin modification, debris walls, trash racks etc. Notices of Exemptions have been filed for all of the subject projects.

CONCLUSION

Adopting the staff recommendation will authorize staff to proceed to negotiate contracts with the City’s existing On-Call Roadway Maintenance Contractor, Hardy and Harper Inc., so that the urgently needed repairs/improvements can be performed immediately before the onset of the rainy season this winter. The City Council should authorize the Interim Director of Public Works to execute the contract on behalf of the City.

FISCAL IMPACT

Costs for the recommended actions are estimated at $340,000 as follows:

Construction $326,100

Construction Staking/Inspection $ 13,900

Construction Contingency $ 20,000

Total $360,000

Respectfully Submitted by,

Ray Holland

Interim Director of Public Works

Reviewed by,

Les Evans

City Manager

Attachments:

Project Location Map

Notices of Exemption

USACE Permit for PVDS (east of Crestmont)

410 WQC Permit for PVDS (east of Crestmont)