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HomeMy WebLinkAboutMINUTES - 06181996 - C11 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: June 18, 1996 SUBJECT: DECLARE AN EMERGENCY FOR THE REPAIR OF SAN RAMON CREEK DROP STRUCTURE NO. 7, DANVILLE AREA Project No.: 7520-668469-96, CP #95-1 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. FIND, based on the evidence set forth below and as contained in the minutes of the Board meeting, pursuant to Public Contract Code Sections 22035 and 22050, that an emergency exists, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action described in this order is necessary to respond to the emergency. 2. DELEGATE to the Chief Engineer the authority to proceed in the most expeditious manner to repair Drop Structure No. 7 in San Ramon Creek in the Danville area. 3. DIRECT the Chief Engineer to make reports to the Board of Supervisors, as required by Public Contract Code 22050, stating the reasons justifying why the emergency will not permit a delay resulting from competitive solicitation for bids and why the action is necessary to respond to the emergency, in order to enable the Board of Supervisors to review the emergency action and to determine that there is a need to continue the action. 4. WAIVE the County Minority Business Enterprise and Women Enterprise Program requirements for construction contracts, purchasing and professional service contracts. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON w�n� l ) q So APPROVED AS RECOMMENDED OTHER_ TE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: BF:jlg c\BO:BOsrcrek.t6 Contact: Milt Kubicek, (313-2000) Orig. Div: Public Works(Design Division) t hereby exr ►that g,ls y a fere and correcx of cc: Community Development an action tataen and entered on the mMutaa u0 CAO Board of on the data A17E5fED: Auditor Controller PHIL. ��Dq,� County Counsel ots arm county MN GMEDA Design By Deputy Construction Maintenance DECLARE AN EMERGENCY FOR THE REPAIR OF SAN RAMON CREEK DROP STRUCTURE NO. 7, DANVILLE AREA Page 2 June 18, 1996 L; 5. DIRECT the Chief Engineer to take appropriate actions to provide opportunities for minority and women-owned businesses to participate in bidding on any contract work and/or materials, and in the selection of any consultants associated with the repair. li. Financial lmpact: Total cost of repairs is estimated to be approximately$90,000 plus contract administration, funded by Flood Zone 3B (100%). III. Reasons for Recommendations and Background: The Board reviewed and approved the project on February 28, 1995 and determined the project to be exempt from the California Environmental Quality Act as a Class 1 c Categorical Exemption. A Notice of Exemption was filed with the County Clerk on March 6, 1995. The project includes repair of failed subdrainage systems at Drop No. 7 on San Ramon Creek. This site was part of a larger project last year that was to repair/rehabilitate five drop structures. However, the work took longer than expected and the Department of Fish and Game permit would have expired before the Contractor was able to complete the work at Drop No. 7. Therefore, repairs at Drop No. 7 were not done. The recent collapse of Drop Structure No. 5 was attributed to a failed subdrainage system. Drop No. 7 is of the same design as Drop No. 5, therefore, this project is needed to ensure the long term function of this vital grade control structure along San Ramon Creek. We have formally advertised this project twice this year. On both occasions, we received non- responsive bids from the various contractors submitting bids. If repairs are not performed this summer, in the upcoming winter Drop Structure No. 7 will be subjected to similar forces which caused the failure or Drop Structure No. 5. Pursuant to provisions of Sections 22035 and 22050 of the Public Contract Code, when the appropriate findings of an emergency are made by the Board of Supervisors, the normal bidding procedures are waived and repairs can begin immediately. We are, therefore, recommending that the Board make such findings and direct the Chief Engineer to proceed with the project and enter into any necessary contracts. IV. Consequences of Negative Action: Non-concurrence of the above recommendations will significantly and adversely, delay repair of the drop structure, and may cause loss to private property if the structure fails this winter.