DATE: June 3, 2024
TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager
FROM: Andrew Brozyna, Public Works Director/City Engineer Zaheed Danish, Public Works Maintenance Manager
Gonzalo Larios, Public Works Maintenance Superintendent DEPARTMENT: Public Works
SUBJECT: AUTHORIZING THE APPROPRIATION OF $108,222 FROM FUND 401 TO ACCOUNT NO. 401-0960-461-4251 AND
APPROVING PAYMENT TO MICHAEL O’SHAUGHNESSY
CONSTRUCTION, INC. AND MID-PENINSULA WATER DISTRICT
FOR A TOTAL OF $108,221.92 FOR EXPENSES INCURRED
UNDER THE PROCLAMATION OF LOCAL EMERGENCY
RELATED TO MAJOR DAMAGE TO MAIN WATER PIPELINE
RECOMMENDATION
It is recommended that the City Council/Estero Municipal Improvement District (EMID) Board of Directors approve the attached Resolutions authorizing the appropriation of $108,222 from Fund 401 to Account No. 401-0960-461-4251 and authorizing the payment of $96,562 to Michael O’Shaughnessy Construction, Inc. and $11,659.92 to Mid-Peninsula Water District for a total expenditure of $108,221.92 related to the emergency repair of the main water pipeline which was performed under the Proclamation of Local Emergency; and finding the repair of the water main exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15302, Class 2 (Replacement or Reconstruction) and 15269(b).
EXECUTIVE SUMMARY
At approximately 8 AM on Sunday, April 7, 2024, a break in the main water line was discovered that caused significant damage to the water pipeline and that, if the repair could not be made, the water supply to the City could be severely impacted. As a result of the conditions of disaster, the City Manager issued a Proclamation of Local Emergency. Public Contract Code and the Foster City Municipal Code (FCMC) provide that during an emergency, the agency may procure necessary equipment, services and supplies without giving notice for bids to let contracts.
EMID received invoices from Michael O’Shaughnessy Construction Inc. (Attachment 3) and Mid-Peninsula Water District (Attachment 4) related to the emergency repair. It is requested that the District Board appropriate $108,222 to fund these two invoices and authorize processing of the invoices for payment based on the declaration of emergency.
There are no additional invoices anticipated as a result of the emergency.
BACKGROUND/ANALYSIS
The Estero Municipal Improvement District (EMID) receives 100% of its water supply from the San Francisco Public Utilities Commission (SFPUC) through a single 24-inch high pressure water main. This water main travels underground from Crystal Springs Reservoir to the four water storage tanks that serve Foster City before being distributed to water customers throughout the city.
At approximately 8 AM on Sunday, April 7, 2024, a break in the main water line was discovered along E. Third Avenue north of Foster City Boulevard. This break caused significant damage to the water pipeline and it was determined that, if the repair could not be made, the water supply to the City could be severely impacted. Staff responded immediately and began to locate and fix the leak but determined that outside resources were necessary. As a result of the conditions of disaster, the City Manager, in his capacity as Director of Emergency Services, determined that a “local emergency” existed and issued a Proclamation of Local Emergency on April 8, 2024. The City Council passed Resolution No. 2024-30 (Attachment 5) on April 15, 2024, ratifying the City Manager’s local emergency declaration.
Public Contract Code 22050 and Chapter 3.04 of the FCMC provide that during an emergency, a public agency may take immediate action required by that emergency to procure the necessary equipment, services and supplies without giving notice for bids to let contracts.
City Council terminated the Proclamation of Local Emergency on May 6, 2024, after determining that the conditions that caused the local emergency had been resolved.
EMID received two invoices related to the water distribution system emergency. It is requested that the District Board appropriate the necessary funding to the Water Division Contractual Services line item to fund these two invoices and authorize processing of the invoices for payment based on the declaration of emergency.
Michael O’Shaughnessy Construction Inc. provided labor, materials and equipment for a total cost of $96,562. Mid-Peninsula Water District provided an emergency water supply through its intertie connection to the EMID’s distribution system. The total cost for the water provided during the emergency is $11,659.92. There are no additional invoices anticipated as a result of the emergency.
CEQA
The repair of the water main is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15302, Class 2 (Replacement or Reconstruction) as the repair involves replacement of existing water lines located on the same site and for the same purpose as those replaced. Additionally, the repair was undertaken as an emergency project to repair publicly owned facilities necessary to maintain service essential to the public health, safety or welfare pursuant to CEQA Guidelines section 15269(b).
FISCAL IMPACT
This expenditure was unplanned and therefore requires appropriation of funding in order to process payment in the amount of $108,222 from Fund 401 to Account No. 401-0960- 461-4251 and authorization of the payment of $96,562 to Michael O’Shaughnessy Construction, Inc and $11,659.92 to Mid-Peninsula Water District for a total expenditure of $108,221.92
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Invoice from Michael O’Shaughnessy Construction, Inc.
Attachment 4 – Invoice from Mid-Peninsula Water District Attachment 5 – City Resolution No. 2024-30