Item 1.21 - Reso Finding and Declaring the Existence of an Emergency and Approving a Waiver of the Formal Bid Process for the Emergency Repair of the Hot Water Pipe Under City HallG`t { OF POIP �)
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City of Poway
COUNCIL AGENDA REPORT
APPROVED r
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUED
RESOLUTION NO. '�opZ3
DATE: May 16, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Michael Obermiller, P.E., Direc r of Public Works
mobermiller@poway.org
CONTACT: Eric Heidemann, Assistant Director of Public Works for
Maintenance Operations
eheidemann@poway.org
SUBJECT: Resolution Finding and Declaring the Existence of
an Emergency and Approving a Waiver of the
Formal Bid Process for the Emergency Repair of
the Hot Water Pipe Under City Hall
Summary:
The hot water pipe is leaking under the foundation at the northeast side of the City
Hall building. The leak could damage the foundation of the building and has the
potential for mold to develop due to the high saturation of water under the building
slab. The repair meets the definition of an emergency as defined in the Public Contract
Code, Section 1102, "`Emergency,' as used in this code, means 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."
The City has obtained an estimate from A. O. Reed & Co. to make the repairs to the
hot water pipe. Staff requests that the City Council receive this report from the City
Manager, accepting the reasons why the repair will not permit a delay that results from
a competitive bid process and reasons why the action is necessary to respond to the
emergency; (2) approve the proposed Resolution authorizing the waiver of the formal
bid process for the emergency repair as permitted by Public Contract Code sections
20168 and 22050, and Poway Municipal Code section 3.28.080; and (3) authorize the
City Manager to execute any necessary documents for the emergency repair.
Recommended Action:
It is recommended that the City Council: (1) Approve the attached Resolution which
includes the suspension of the notice and bidding requirements. This item requires a
four-fifths vote of the City Council pursuant to Public Contract Code section 20168 and
22050, and Poway Municipal Code section 3.28.080; and (2) Authorize the City
Manager to execute any necessary documents.
1 of 4 May 16, 2017, Item # �.,)
Declaration of Emergency Hot Water Pipe Repair at City Hall
Page 2
Discussion.
The hot water leak was discovered when the water used at the facility was higher than
normal for a 3 -week period from mid-April to the beginning of May It is estimated that
approximately three (3), 55 gallon drums of water leaked under the foundation. This line
serves the air conditioning and heating unit for the building
To expedite the repair, City staff will work to excavate the site, while A.O Reed & Co.
(currently under contract as our as -needed plumbing repair company) complete the hot
water line repair Based on their contract and Public Works code, work over $5,000 in
value must be formally bid However, the risk to the building is too high to wait 3 to 4
months to go through the formal bidding process. Due to the threat of mold and the
integrity of the building foundation, there is a need to suspend the notice and bidding
process requirements and make the emergency repair to the water line.
Staff requests the City Council accept the report to acknowledge the need for the
emergency, and provide the City Manager authorization to waive the formal bid
process for the emergency repair work as permitted by Public Contract Code sections
20168, 22050, and Poway Municipal Code section 3.28 080, and authorize the City
Manager, to execute any necessary documents for this emergency work.
Environmental Review -
This action is not subject to California Environmental Quality Act review
Fiscal Impact:
The cost for the emergency work is estimated to be $12,850 Additional costs will be
reported to Council as they are incurred. Sufficient funds are available in the Fiscal Year
2016-17 budget in Facilities Maintenance, account 0419-4302, for these services.
Public Notification.
A copy of this report was sent to A. O Reed & Co
Attachments.
A. Resolution
Reviewed/Approved By
Wendy Kaserman
Assistant City Manager
2 of 4
Reviewed By
Morgan Foley
City Attorney
App d By'
Tina M. White
City Manager
May 16, 2017 Item # 1.2
RESOLUTION NO 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING WAIVER OF THE
FORMAL BID PROCESS FOR EMERGENCY REPAIR OF
THE BOILER LOOP UNDER CITY HALL
WHEREAS, during a routine analysis of City Hall and the City Council
Chambers water use report, a high water use rate was observed,
WHEREAS, staff took immediate steps to determine the source of the high
water use,
WHEREAS, staff discovered a leak and contacted the City's as -needed
plumbing contractor;
WHEREAS, in consultation with the contractor an estimate to perform the
repair was formed;
WHEREAS, the immediate need to complete the emergency repair exceeded
the $5,000 limit and a Public Works project would have to be bid to repair the hot
water pipe, but the urgency of the work would not permit a delay resulting from the
public bid and contract process;
WHEREAS, staff has a contractor that has met our contracting requirements
and could perform the emergency work, and
WHEREAS, Public Contract Code sections 20168 and 22050, and Poway
Municipal Code section 3.28 080 provide that the formal bid process may be waived
by a Resolution declaring that the public interest and necessity demand the
immediate expenditure of public money to safeguard life, health, or property in the
case of an emergency that does not allow time for a formal bid process, where the
Resolution is adopted by a four-fifths vote of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway as follows
Section 1. The foregoing recitals of fact are found to be true and correct, and
the actions previously taken by the City Manager to respond to the herein described
emergency are approved
Section 2: The City Council hereby finds that delays caused by a competitive
bid process for repair work approves a waiver of the City's formal bid process for the
emergency repair of the hot water pipe to ensure that public health and safety is not
compromised.
3 of 4 Attachment A May 16, 2017, Item # 1.21
Resolution No 17 --
Page 2
Section 3. The City Manager is hereby authorized to order work for the
emergency repair, and execute such agreements and other documents in the form
approved by the Authorized Representative after consultation with the City Attorney
Section 4. This Resolution shall require a four-fifths vote of the City Council.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway at a regular meeting this 16th day of May 2017
Steve Vaus, Mayor
ATTEST
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California do hereby certify
under penalty of perjury that the foregoing Resolution No. 17- was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of May 2017, and
that it was so adopted by the following vote:
AYES
NOES -
ABSENT
DISQUALIFIED -
Nancy Neufeld, CMC, City Clerk
City of Poway
4 of 4 May 16, 2017, Item # 1.21