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1. Find that an emergency exists, which will not permit the delay that will result from a formal solicitation for bids, and that the actions recommended are necessary to respond to the emergency.
2. Authorize the Director of Public Works to execute a contract with Bob and Marc Plumbing to repair the City Hall Complex sewer lateral system at a cost of $30,400 and authorize the Director of Public Works to spend up to $20,00 for additional repairs to the lateral system and for unforeseen conditions for a total authorization not to exceed $50,400.
The sewer lateral system at the City Hall complex was installed, staff believes, in the 1940’s. The system connects all buildings located at the complex to a common point prior to connecting to the County’s system. The system has deteriorated over the past several years. During a routine video inspection, staff discovered several problems with the system. Several sections of the existing clay pipe have collapsed. Raw sewage is being absorbed directly into the ground at these locations. Most of the joints in the vitrified clay pipe have roots pushing their way into the laterals that will cause backups in the system. The laterals need to be rehabilitated immediately to rectify this situation.
Staff received three informal bids from plumbers who are capable of performing the initial phase of the rehabilitation work as follows:
Bob and Marc Plumbing $30,400
The work will consist of breaking the lateral pipes through mechanical means and immediately pulling a high-density polyethylene pipe (HDPE) into place. This is a one-step operation where the pipe is split by means of a mechanical device and the HDPE is pulled into place immediately behind the device. The HDPE pipe will follow the path of the existing sewer laterals. This process eliminates the need to dig a trench, physically remove and dispose of the failed laterals and replace them with new pipes. Approximately 486 feet of sewer laterals need to be rehabilitated with the initial effort.
The extent of repairs needed to rehabilitate another section of the lateral system is unknown. This section of the lateral system transmits waste from a common access point (manhole) to the County’s main line. Once the rehabilitation work previously discussed is completed this collapsed section of lateral pipe can be evaluated and a cost estimate developed for the remainder of the needed work. Staff estimates the remaining work can be performed by the same Contractor for under $20,000 and is requesting authorization to proceed with the remainder of the work when the extent and costs of the work are known, provided that the repairs do not exceed $20,000.
This work needs to be completed immediately due to the health and safety concerns. Accordingly, the project should not be delayed by the formal process to award bids that is specified by the Public Contract Code. Staff estimates that if the Council takes the recommended actions, the work can be completed within a three-week period.
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 the record and 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 action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Staff feels that this project qualifies as an emergency under the Public Contract Code because: (1) the City Hall Complex’s sewer lateral system is not containing and transmitting waste as it was designed to do, (2) State law requires waste to be transmitted through pipes to a processing plant or treated through a septic system, (3) the lateral system is vital for the protection of public health and the operation of the City Hall Complex.
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 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 each subsequent regularly scheduled meeting until the action is terminated. Accordingly, staff will place this item on each subsequent agenda until the lateral lines have been rehabilitated and the project has been completed to the City’s satisfaction.
Staff has determined that this project is exempt from the requirements of CEQA because the project will rehabilitate an existing facility and because the project is being undertaken as an emergency repair. A Notice of Exemption will be filed for the subject project.
Adopting staff’s recommendations will authorize the Director of Public Works to execute an agreement with Bob & Marc Plumbing to perform the emergency repairs.
Staff proposes to account for these additional sewer rehabilitation expenditures in the Building Maintenance fund. At this time, program funding is adequate to pay for these additional costs