Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5257) DOC ID: 5257
Updated: 9/12/2024 10:04 AM by Dina Lewis Page 1
EMERGENCY PLUMBING REPAIR AT POLICE CENTER - Accept the Report; Find that the Emergency Continues; Make Findings of CEQA Exemption Contact Persons:
Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to inform the City Council of emergency repairs currently underway to address major water leaks in the men’s shower room of the Fremont Police Center building. The City Manager authorized emergency action and approved award of an emergency contract that was solicited through a streamlined procurement process. The work continues and the City Council must now find, by a four fifths vote, that the emergency continues until the work is completed and the emergency is terminated by the Council. As required by law, this report informs the City Council about the emergency situation, the prompt actions taken to resolve the emergency , and asks the Council to make the required findings until the emergency can be terminated .
BACKGROUND: In June 2024, the City’s Building Maintenance staff received a report of water leaks and flooding in the men’s shower room of the Police Center. The showers when in use were flooding the area creating a slipping hazard and limiting the use of the showers and nearby police lockers. The leaks were coming from within the floor and foundation of the building and risked further damage, costly repairs, and more service disruption to a critical building in charge of public safety operations.
Immediate action was necessary to investigate and repair the leaks. Public Works received approval from the City Manager to proceed with an emergency contract and waive compliance with formal bidding requirements for non-emergency public works projects, which generally take approximately three months to complete. Staff subsequently issued an informal Request for Quotations for the Police Department Shower Repair Project (Project).
SDM Construction, Inc. submitted the only bid and immediately started work on the Project.
The work began in July 2024 and is scheduled for completion in October 2024. All the showers had to be demolished, and the contractor had to excavate to approximately six feet below the existing concrete to find the leaks caused by deteriorated sewer pipes. The leaks have been resolved and the old sewer pipes have been replaced with new sewer resilient PVC piping. The remaining work consists of rebuilding the showers and replacing the damaged flooring of the corridor leading to the police officers’ lockers. The work will be completed when the impacted part of the facility is restored back to its functional state. The total project cost is estimated at $300,000.
DISCUSSION/ANALYSIS: In accordance with the Public Contract Code Section 22050 and Fremont Municipal Code Section 3.20.290, the Fremont City Council has delegated authority to the City Manager to order emergency action to protect city interests and to waive formal Council Staff Report (ID # 5257) Meeting of September 17, 2024 Updated: 9/12/2024 10:04 AM by Dina Lewis Page 2
bidding requirements for emergency contracts. A written determination must be made supported by substantial evidence that an emergency exists, that immediate action must be taken to resolve the emergency, and that the action to be taken is directly related to resolving the emergency. Applicable law defines an emergency as a “sudden, unexpected occurrence that poses a clear and imminent danger, requiring action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.”
On June 14, 2024, the City Manager made the emergency determinations required based on facts and information provided by staff and included in this report, and authorized award of an emergency contract to immediately address the emergency.
When the City Manager approves an emergency action, the law requires that the City Council take action to review the emergency and make a finding, by a four-fifths vote, that the emergency continues until it has been resolved. The Council must continually review the emergency at every regularly scheduled meeting and terminate the emergency when appropriate. Accordingly, this item will remain on the council agenda until such time the emergency action can be terminated.
Staff recommends that the Council review the emergency action authorized by the City Manager, and find that the emergency continues until the work on the project has been completed and the Police Department facilities have been restored to full use.
FISCAL IMPACT: The total estimated project cost of $300,000 was funded through the Capital Budget appropriation for major building facility maintenance projects (PWC8393).
Staff will provide an update on the cost of the repairs at a future City Council meeting once all repairs have been completed.
ENVIRONMENTAL REVIEW: The project is Exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15269(b), related to emergency repairs needed to maintain essential services.
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Accept the staff report.
2. Review the conditions of the emergency and make a finding, by a four-fifths vote, that the emergency continues until the work on the Emergency Plumbing Repair at Police Center Project has been completed.
3. Find that the action is exempt from CEQA review pursuant to CEQA Guidelines Section 15269(b), as emergency repairs needed to maintain essential services.