CC 2020-01-21_5 Emergency Storm Drain Repair_El Camino Real_Oak Park Blvd
MEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, PUBLIC WORKS DIRECTOR
BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION PURSUANT TO
PUBLIC CONTRACT CODE SECTION 20168 FINDING THAT AN
EMERGENCY EXISTS WITHIN THE CITY AND AUTHORIZING
CONTRACTING WITHOUT A COMPETITIVE SOLICITATION FOR BIDS
PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050 FOR THE
OAK PARK BOULEVARD AND EL CAMINO REAL EMERGENCY
STORM DRAIN SYSTEM REPAIR PROJECT (PW 2020-04)
DATE: JANUARY 21, 2020
SUMMARY OF ACTION:
Adoption of the Resolution will allow for immediate emergency repairs to the storm drain
system at Oak Park Boulevard and El Camino Real without needing to go out to bid.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The amended Capital Improvement Program budget includes $177,580 for the Oak Park
Boulevard at El Camino Real Emergency Storm Drain Systems Repair Project. Staff time
will be necessary to coordinate construction activities with the contractor.
RECOMMENDATION:
It is recommended the City Council: 1) adopt a Resolution finding that an emergency
exists within the City and authorizing contracting without a competitive solicitation for bids;
and 2) Authorize the City Manager, or designee, to execute a contract with CalPortland
Construction.
BACKGROUND:
During the rain event at the end of December 2019, Public Works crews responded to
flooding on El Camino Real east of Oak Park Boulevard. Investigations revealed the
flooding was caused by storm drain system failures along Oak Park Boulevard and El
Camino Real. These failures have caused substantial soil and debris deposits in the storm
drain pipes and box culvert, and have created a large a void surrounding a manhole on
Oak Park Boulevard at El Camino Real. A semi-permanent lane closure has been
established to direct traffic away from the area of the void. On January 14, 2020, the
Council established an emergency repair project for the storm drain system on Oak Park
Boulevard at El Camino Real.
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CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION PURSUANT TO PUBLIC
CONTRACT CODE SECTION 20168 FINDING THAT AN EMERGENCY EXISTS
WITHIN THE CITY AND AUTHORIZING CONTRACTING WITHOUT A COMPETITIVE
SOLICITATION FOR BIDS PURSUANT TO PUBLIC CONTRACT CODE SECTION
22050 FOR THE OAK PARK BOULEVARD AND EL CAMINO REAL EMERGENCY
STORM DRAIN SYSTEM REPAIR PROJECT (PW 2020-04)
JANUARY 21, 2020
PAGE 2
ANALYSIS OF ISSUES:
Normally, the Public Contract Code (PCC) requires a competitive solicitation for bids on
all public works projects. However, PCC Section 20168 allows the Council to adopt a
Resolution by four-fifths vote declaring that the public interest and necessity demand the
immediate expenditure of public money to safeguard life, health or property. In addition,
pursuant to this section and PCC Section 22050, in the case of an emergency the Council
by a four-fifths vote may procure the necessary services to repair a public facility without
giving notice for bids. PCC Section 1102 defines an emergency 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.
In this case, there is an imminent danger to public health and safety for the following
reasons including, without limitation, the potential for storm water overflows and
development of a sinkhole within the void.
It should be noted that Public Contract Code Section 22050 requires that after proceeding
with an emergency project the City Council will also need to review the emergency action
at its next regularly scheduled meeting and at every regularly scheduled meeting
thereafter until the action is terminated to determine, by a four-fifths vote, that there is a
need to continue the action. Therefore, staff will be returning to the City Council with
updates as required by the statute.
Adopting the proposed Resolution will ratify the emergency; authorize staff to execute the
appropriate contract with CalPortland Construction; and ensure that CalPortland
Construction will be properly compensated for its emergency response and repair.
ADVANTAGES:
Adoption of the Resolution will allow for immediate emergency repairs to the storm drain
system at Oak Park Boulevard and El Camino Real without the delays that would occur
if the project had to go out to bid and upon completion will allow the reopening of
northbound Oak Park Boulevard to two lanes of traffic.
DISADVANTAGES:
None identified at this time.
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CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION PURSUANT TO PUBLIC
CONTRACT CODE SECTION 20168 FINDING THAT AN EMERGENCY EXISTS
WITHIN THE CITY AND AUTHORIZING CONTRACTING WITHOUT A COMPETITIVE
SOLICITATION FOR BIDS PURSUANT TO PUBLIC CONTRACT CODE SECTION
22050 FOR THE OAK PARK BOULEVARD AND EL CAMINO REAL EMERGENCY
STORM DRAIN SYSTEM REPAIR PROJECT (PW 2020-04)
JANUARY 21, 2020
PAGE 3
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendations;
2. Do not approve staff’s recommendations and request further information;
3. Modify staff’s recommendation and approve; or
4. Provide direction to staff.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Guideline Section 15301(b) for the repair of existing publicly-owned facilities
used to provide public storm drain utility services.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING AN EMERGENCY AND
AUTHORIZING THE IMMEDIATE EXPENDITURE OF
FUNDS TO REPAIR THE STORM DRAIN SYSTEM ON OAK
PARK BOULEVARD AT EL CAMINO REAL
WHEREAS, the City owns, operates and maintains a storm drain system including a
catch basin on El Camino Real east of Oak Park Boulevard (the “catch basin”) and a
storm drain pipe (the “storm drain pipe”) running from the catch basin to a manhole on
Oak Park Boulevard; and
WHEREAS, during the rain event at the end of December 2019, the catch basin was not
draining and caused the roadway to flood. Investigations following the rain event revealed
that a previous repair to the storm drain pipe running from the catch basin to a manhole
on Oak Park Boulevard that occurred over twenty years ago had failed and had created
a plug in the pipe. This failure also created an avenue for storm water to exit the pipe
thereby eroding the surrounding soil; and
WHEREAS, further investigations revealed that the manhole riser, which had been
constructed with corrugated metal pipe and previously repaired with high-density
polyethylene pipe as opposed to concrete, had also been exposed to constant water
scour causing failure and additional soil erosion; and
WHEREAS, the result of these failures is a large void surrounding the manhole and
substantial soil and debris deposits in the storm drain pipe that exits the manhole and
empties into a box culvert further west along El Camino Real. This storm drain pipe, which
runs under Oak Park Boulevard, had become completely full of sediment and substantial
soil and debris deposits are also present in the box culvert hindering flow from the pipe.
During the first weeks of January 2020, City crews have worked to clean out the storm
drain pipe under Oak Park Boulevard, and have set up temporary road signs to direct
traffic away from the area of the void; and
WHEREAS, the failure and large void surrounding the manhole and soil and debris
deposits has created a situation that constitutes an imminent threat to the public health,
safety and welfare and requires immediate corrective action to repair the manhole and
storm drain pipe, and remove debris from the box culvert in order to allow for the storm
drain pipe under Oak Park Boulevard to flow and to enable the storm drain system to
function correctly; and
WHEREAS, pursuant to Public Contract Code Section 22050, the City Council deems it
is in the public interest, to immediately authorize the expenditure of City funds needed to
safeguard the health, safety and welfare in order to proceed immediately with the needed
repairs; and
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RESOLUTION NO.
PAGE 2
WHEREAS, the City Council further finds that the need for immediate repair of the storm
drain system on Oak Park Boulevard at El Camino Real, and removal of debris from the
box culvert, is necessary in order to protect the public health, safety and welfare and will
not permit a delay resulting from a competitive solicitation for bids and that prompt action,
including authorization to expend all funds required for such repairs without competitive
bidding, is necessary to respond to the emergency described herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE that the public interest and necessity demand the immediate
expenditure of funds to safeguard the public health, safety and welfare, without strict
compliance with the provisions of Public Contract Code. The extent of the manhole and
storm drain pipe damage, size of the void, or how much box culvert excavation will be
required will not be known until the area is opened up to begin the work. Reallocation of
previously budgeted storm drain improvement funds will allow work to begin immediately
on the storm drain system repairs.
BE IT FURTHER RESOLVED, that the City Manager is authorized to enter into any
contract or agreement in order to immediately repair the storm drain system on Oak Park
Boulevard at El Camino, and removal of debris from the box culvert, and to report back
to the City Council regarding said activity at its next regularly scheduled meeting, pursuant
to Public Contracts Code Section 22050. All acts of the City Manager in addressing this
emergency taken prior to the effective date hereof are hereby duly ratified by the City
Council.
On motion by Council Member _________, seconded by Council Member _______, and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 21st day of January, 2020.
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RESOLUTION NO.
PAGE 3
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
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