FLOOD CONTROL AGENDA ITEM NO.: _ February 7,2012

COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street • Hayward, CA. 94544-1307 (510) 670-5480

January 19, 2012

'lllC lIonorable Board of Supervisors

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SUBJECT: FIND AN EMERGENCY FOR THE REMOVAL or UNDERWATER DEBRIS AND MARINE GROWTH FROM THE LAKE MERRITf PUMP STATION IN HAYWARD REQUIRING WORK THAT CANNOT BE COMPLETED WITH DELAY CAUSED BY COMPETITIVE BJDDlNG

RECOMMENDATION:

It is recommended that your Board:

t. Adopt a Resol utian find an emergency for the removal of undenvatcr debris and marine growth li·om the Lake Merritt Pump Station in Oakland requiring work thai could not be completed with delay caused by competitive bidding; and

2. find an emergency of undenvatcr marine growth at the Lake Men'ilt Pump Station, In

Oukland, Alamcda COUllty, Flood Control District Zone 12; and

3. rind Ihat bascd upon substantial evidence that withoLlt the urgent removal of the marine growth damage to the pumping units of lhe station and flooding upstream into Lake Merritt posed a clear and imminent danger to persons and property in the vicinity of Lake Merritt, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property and/or essential public services, and that will not pemlit a delay resulting from a competitive solicitation for bids since this work had to be completed before the stm1 of the 20 t I 12 rain season; and v

4. Execute Purchase Order No. 5244; Procurement Contract No. 7025 with Coastal Diving (Princip:::ll: D<lvC Buller, General Partner; Location: Alameda). for thc removal of underwater debris and marine growth [rom Lake Merritt Pump Station in Oakland, for the period 11129120 I t through 12/31120 II ill the amount not to exceed $88,440.

SUMMARYIDISCUSSION:

Due to the urgent nature of the work, the Alameda County Flood Control and Water Conservation District requested, and General Services Agency - Purchasing agreed to grant an Emer~cncy Purchase Order No. 5244. The firm has the necessary equipment, staff and expertise to satisfactorily pcrfonn the work. The Director of Public Works hus detennincd that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under section 15301, Class I(d), restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety.

"To Serve and Preserve Our Community"

Honorable Board of Supervisors Page 2 February 7,2012

The project consists of the removal of debris and marine gro\Vth from twelve (12) trash rack sections, two gates travel areas plus six (6) feet, lower apron sections, and the upstream and downstream sediment trenches. When complete, contractor wit! video and document all work perfonned. This work is necessary to maintain the stann flow discharge capacity during the winter to prevent potential flooding and damage to the pump station. The cost of the work did not exceed $88,440.

This project is statutorily exempt under Cal ifomia Code of Regulations Title 14, Chapter 3, Article 18, Section 15269 (b)(c) of the California Environmental Quality Act (CEQA), and in Title 14, Division 6, Chapter 3, Articles 1-20, Section 15359 - Emergency.

SELECTION CRITERIA:

This emergency Purchase Order (PO) was awarded without using otherwise applicable competitive bidding rules because of the urgent need to remove marine growth and debris from the pump station. The cost o/the work is under S100,000 and did not have to comply with the Contract Compliance Program however, the General Services Agency - Purchasing Department approved and awarded the job to Coastal Diving, a certified small, local, emerging business with SLEB Certification NO. 11-00143.

FINANCING:

The cost of the work in the amount of $88,440 is included in the FY 2011·12 Fund 21810,

Organization 270381, Account 610261, and~~

Daniel Woldesenbet, Ph.D., P.E. Director of Public Works

Attachment

c: Susan Muranishi, County Administrator Crystal Hishida Graff, Clerk of the Board Patrick O'Connell, Auditor - Controller Andrew Massey, Deputy County Counsel Louie Martirez, CAO

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By

LOOD CO TROLTHE BOARD OF SUPERVISORS OF THE ALAMEDA COUNTY AND WATER CONSERVATION DISTRICT, STATE OF CALIFORNIA

RESOLUTION NUMBER: R­

FIND AN EMERGENCY FOR THE REMOVAL OF UNDERWATER DEBRIS AND MARINE GROvrrn FROM THE LAKE MERlUIT PUM:P STATION IN OAKLAND REQUlRlNG WORK THAT COULD NOT BE COWLETED WITH DELAY CAUSED BY COMPETITIVE BIDDING

WHEREAS, the Alameda County Flood Control and Water Conservation District ("District") owns and operates a pump station that controls the water level in Lake Merritt in Oakland to prevent flooding from the Oakland Estuary, which is of particular concern during the rainy season;

WHEREAS, after the start of the rainy season and during routine maintenance of tbe pump station in District staff discovered that the trash racks were substantially blocked with underwater debris and marine growth;

WHEREAS, there was substantial evidence that without the urgent removal of the marine growth, damage could result to the pumping units of the station causing flooding upstream into Lake Merritt that would pose imminent danger to persons and property in the vicinity of Lake Merritt; and

WHEREAS, removal of the marine growth required immediate action to prevent or mitigate the loss or impairment of life, health, property and/or essential public services, and that would not permit a delay resulting from a competitive solicitation for bids because the rainy season had already begun; and

WHEREAS, the District has estimated that by dispensing with competitive bidding the work would be completed prior to the onset of heavy rains or storms that would increase the risk of flooding to Lake Merritt; and

WHEREAS, the Purchasing Agent issued on behalf of the District Emergency Purchase Order No. 5244 to hire a diving contractor to remove the underwater debris and marine growth;

NOW, THEREFORE, BE IT RESOLVED that this Board finds based upon substantial evidence that the underwater debris and marine growth would pose a clear and imnllnent danger to persons and property in the vicinity of Lake Merritt, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property and/or essential public services, and that will not permit a delay resulting from a competitive solicitation for bids since this work must be completed before occurrence of heavy rains or storms.