HomeMy WebLinkAboutCC_2023_02_01_Special Meeting Agenda Packet CITY OF ATASCADERO SPECIAL CITY COUNCIL AGENDA
VIRTUAL MEETING INFORMATION:
In accordance with City Council Resolution No. 2023-001 and the requirements of
AB 361, the City Council Meeting will be available via teleconference only and will
not be physically open to the public. City Council Members and staff will be
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HOW TO OBSERVE THE MEETING REMOTELY:
To participate remotely, residents can livestream the meeting on Zoom or listen-in by
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If you wish to comment but not via a live platform, please email public comments to
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Please note, email comments will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
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best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the office of the City Clerk and are available for public inspection on our
website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number
once they are approved by the City Council. The Minutes of this meeting will reflect these numbers.
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NOTICE OF VIRTUAL
SPECIAL MEETING
ATASCADERO CITY COUNCIL
Wednesday, February 1, 2023
2:00 p.m.
**VIRTUAL MEETING ONLY**
To participate in this Virtual Special Meeting, please click the below Zoom link:
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA
AGENDA
ROLL CALL:
DISCUSSION:
1. Emergency Contract Award for Atascadero Creek Slope Stabilization Project at
Lift Station #5
▪ Fiscal Impact: $263,037.
▪ Recommendation: Council ratify, by review and determination, that there is a need
to continue the Emergency Services Director’s authorization to contract with Michael
Frederick Paving Company, Earth Systems Pacific and Terra Verde Environmental
Consulting to complete emergency Atascadero Creek Slope Stabilization Project at
Lift Station #5, pursuant to City’s Purchasing Police and Public Contract Code
Section 22050. [Public Works]
PUBLIC COMMENT:
ADJOURNMENT:
The City Council will adjourn to the next Regular Session scheduled on Tuesday,
February 14, 2023 at 6:00 p.m.
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ITEM NUMBER: SP A-1
DATE: 02/01/23
Atascadero City Council
Staff Report - Public Works Department
Emergency Contract Award for
Atascadero Creek Slope Stabilization Project at Lift Station #5
RECOMMENDATION:
Council ratify, by review and determination, that there is a need to continue the
Emergency Services Director’s authorization to contract with Michael Frederick Paving
Company, Earth Systems Pacific and Terra Verde Environmental Consulting to complete
emergency Atascadero Creek Slope Stabilization Project at Lift Station #5, pursuant to
City’s Purchasing Policy and Public Contract Code Section 22050
DISCUSSION:
Background:
As result of the January 2023 storms, flood water levels in Atascadero Creek resulted in
the failure of a portion of the creek bank adjacent to Lift Station #5, located behind the
Community Center at 5599 Traffic Way. Loss of this creek bank threatened wastewater
facilities owned and maintained by the City and posed a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or impairment of property or
essential public services.
Due to the need to protect essential infrastructure, the Emergency Services Director
made a finding that the emergency would not permit a delay resulting from a competitive
solicitation for bids, and that hiring a contractor to stabilize the creek bank near Lift Station
#5 is necessary to respond to the emergency. The Emergency Services Director directed
City staff to urgently contact and request a proposal from a contractor with immediate
availability and experience in this type of slope stabilization. Michael Frederick Paving
Corporation (MFPC) was contacted due to their recent experience constructing a similar
embankment repair and armoring project in 2017. MFPC provided a proposal for slope
stabilization work, which was reviewed by a geotechnical engineer, Earth Systems
Pacific, and confirmed to be appropriate at this location. MFPC supplied an itemized cost
proposal for a total of $231,037 to complete this work.
The Emergency Services Director determined that this project is emergency work and
needs to be completed immediately since its completion is imperative before the next
storm event. The slope condition is currently unstable and unsafe, in an area with
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ITEM NUMBER: SP A-1
DATE: 02/01/23
significant transient pedestrian traffic, and the rising of Atascadero Creek during the next
storm event will almost certainly result in further slope failure. Further destabilization of
the creek bank will risk failure of the City wastewater infrastructure, including Lift Station
#5, force main piping, overflow pipe, and the overflow basin. Failure of any of these Lift
Station components would result in untreated sewage being released directly into
Atascadero Creek.
Analysis:
The City lacks the capacity and/or expertise to repair the damages at this location in a
timely manner. Even when expedited, the normal procurement process to hire needed
contractors takes between two to three months, from a minimum advertising period
through assessing bids and awarding and executing contracts. This delay would mean
that it would not be possible to make repairs and stabilize the creek bank in a timely
manner.
Under the California Public Contract Code, public projects exceeding $200,000 should be
let to contract by formal bidding procedure (§ 22032). However, Section 22035 allows
that in cases of emergency when repair or replacements are necessary, the governing
body may proceed at once to replace or repair any public facility without adopting plans,
specifications, or giving notice for bids to let contractors. Section 22035 further stipulates
that Section 22050 be followed for projects that would otherwise be formally bid, but are
instead awarded as emergency projects. Section 22050(c) allows for the governing
body’s delegated person (Emergency Services Director/City Manager) to order
emergency action be taken, with the governing body to review the emergency action not
later than seven days after the action, or at its next regularly scheduled meeting if that
meeting will occur not later than 14 days after the action. The contractor was authorized
to commence work on Thursday, January 26.
City Public Works staff evaluated the cost proposal and individual Base Bid Items.
Analysis and comparison of costs is difficult because the City has had no similar public
projects within the last decade. However, the County of San Luis Obispo does have an
available spreadsheet for Standard Unit Costs for Project Bonding, which estimated
project cost at $297,400. Subsequently, staff believes the cost proposal is fair and
reasonable.
Due to significant risk to public safety, public health, and City facilities, it is recommended
that this contract be awarded on an emergency basis to MFPC. Based upon review of
the proposal’s scope and fees, staff believes this proposal meets the intention of the
Public Contract Code under this emergency situation.
City staff has also contracted with Terra Verde Environmental Consulting and Earth
Systems Pacific to provide environmental permitting and construction oversight services,
respectively. This project is considered emergency work and eligible for permitting under
the expedited process for San Francisco District Regional General Permit (RGP) No. 5
(RGP 5) for Repair and Protection Activities in Emergency Situations. Terra Verde
completed and submitted the permit application under RGP 5 for this project on January
30, 2023.
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ITEM NUMBER: SP A-1
DATE: 02/01/23
FISCAL IMPACT:
The fiscal impact of this action is to ratify the expenditure of $263,037 in unbudgeted
funds. The City will aggressively pursue funding from City insurance, FEMA and other
potential disaster assistance.
ESTIMATED EXPENDITURES
Construction Contract $ 231,037
Environmental Permitting 7,000
Construction Engineering / Testing / Administration 25,000
Total Estimated Expenditures: $ 263,037
ATTACHMENTS:
None
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