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Home My WebLink AboutItem 3A Civic Center Fire Emerg C~TY CllErRrt{ Fule # D[iJ~[Q]=~~ AGENDA SIAIEMENI C~TY COUNC~l MIEEI~NG DAIlE December 18,2007 SUBJECT ConsIderatIOn of DeclaratIOn of Emergency Pursuant to Pubhc Contract Code SectIOn 20168, WaIvmg CompetItIve BId ReqUIrements and Authonzmg CIty Manager to Enter Into an Agreement for Fire and Water RemediatIOn of the CiVIC Center III an Amount Not to Exceed $50,000 Report Prepared by MelIssa Morton PublIc Works DIrector A Tl' ACHMENl'S 1) 2) ResolutIOn (reqmres 4/5 vote for adoptIon) Budget Change Form RIECOMMEN~DA TKON /"\) A "f)(' ,21)) Approve Budget Change III the amount of $50,000 ( \/IVv. - Adopt ResolutIon declanng an emergency and approvmg waiver of competItIve bId process - contract for fire and water remedIatIOn at Dublin CIVIC Center FINANCIAL STATJEMJENT The cost estImate for the prehmmary fire and water remediatIOn of the CIViC Center IS $50,000 The cost of property restoratIOn work IS unknown at thiS hme and will be uncovered dunng the remedIatIon nIESCRIP'HON The CiVIC Center sustamed a fire today at approXimately 530 am which was qlllckly contamed by activatIOn of the fire spnnkler system and the due dilIgence of the Alameda County Fire Department Followmg extmgmshment, Alameda County firefighters worked for several hours performmg water removal and salvage operatIOns Belfor, a property restoratIOn company was contacted to contmue wIth water removal and overall damage assessment of the areas Belfor was recommended by both adjusters from the CIty'S pooled habllIty assurartc,e network (ABAG Plart) artd the Plan's excess msurance broker Alliant EarlIer today, CIty Staff met With representatives from ABAG Plan and the Plans excess msurance carner representatives The Property Program at ABAG Plan covers the City'S first $95,000 of property loss (the City ha':i a $5,000 property dedudible) FIre mvestigators have prehmmanly determmed that the ongm of the fire was m the elevated planter box near the Parks and Commumty Services Department publIc counter It was also concluded that the cause of the fire was not related to holIday decoratIOn and there were no InjUrIes to staff or firefighters Both publIc and Staff areas on the first and the second floor of the CIViC Center have sustamed damage from today's fire --------------------------------------------------------------- COlP]]ES 1r0 K1rEM NO. 57f- Due to safety concerns for the public and Staff workmg III those areas, as well as the need to restore the affected areas of the bm1dmg to full operation, Staff recommends that the City CouncIl declare thIS sItuatIOn to be an emergency under SectIon 20168 and to waive the competitive biddmg procedure under SectIOn 22050 of the Pubhc Contract Code It IS hoped that the remediatIon work will take less than a week The cost for the fire and water remediatIOn work IS estImated to be $50,000 Staff anticIpates that there Will be additIOnal costs for property restoratIOn which are unknown at thIS tIme Smce there are msufficIent funds aVaIlable m the Bmldmg Mamtenance budget to cover the cost of the remedIatIOn, a budget change is necessary The City has already begun the process of obtammg reImbursement from the CIty'S IOsurance camer Staff therefore recommends that the City CouncIl adopt the Resolution declanng an emergency and approve a waiver of the competItive bId process - contract for firc and water remediation at Dublm CiV1C Center (reqmres 4/5 vote for adoptIOn) It IS further recommended that the Clty CounCIl approve the Budget Change m the amount of $50,000 COPY 'f0 Page 2 of2 J['fJEM N I{) RESOLUTION NO -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******************** APPROVING FINDING OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR FIRE AND WATER REMEDIATION IN DUBLIN CIVIC CENTER WHEREAS, the Dublm CiViC Center sustamed damage from a fire on December 18, 2007, and WHEREAS, as a result of Said fire artd water property remedIation IS reqUired to certam publIc and staff areas of the CIVIC Center, and WHEREAS, it IS necessary to remedIate thiS condItlon m order to preserve the well-bemg of City staff and m order that the bUlldmg become fully functlonal agam, and WHEREAS, said remedIatIOn IS so urgent as to preclude the tlme normally allotted for sohcitatlon of bIds, NOW, THEREFORE, BE IT RESOLVED that the CIty Council of the City ofDublm, pursuant to Pubhc Contract Code Sectlon 20168, finds that the pubhc mterest and necessity demand the Immediate expendIture ofpubhc money to safeguard the health of persons usmg the CIVIC Center and the CiViC Center bmldmg, Without competltlve biddmg, BE IT FURTHER RESOLVED that the City Council authonzes the City Manager to enter mto a contract for an amount not to exceed $50,000 for remediatlon m the CiVIC Center, pursuant to Pubhc Contract Code Sectlon 22050, m order to allow the remedlatlon contract to go forward m a timely manner, BE IT FURTHER RESOLVED that thiS item is contmued untIl the City Council meetmg of January 15,2008, at whIch tIme the City Council wIll review the emergency actIon taken, BE IT FURTHER RESOLVED that the Council finds thiS proJect to be exempt from CEQA, as an emergency proJect, pursuant to CEQA GUldelmes, SectIOn 15269 PASSED, APPROVED AND ADOPTED thiS 18th day of December, 2007 AYES NOES ABSENT ABSTAINING ATIEST Mayor CIty Clerk Attachment 1 MOTION TO ADD ITEM TO AGENDA CITY MANAGER SHOULD MAKE THIS STATEMENT FIRST This mommg at approxImately 5 30 a fire occurred m the CIViC Center, whIch was after the postmg of the agenda Staff surveyed the fire and water damage, and determmed that Immediate repaIrs were necessary to protect the safety of the publIc and staffusmg the CIViC Center and to restore the affected areas of the bUildmg to full operatIon Staff belIeves It IS ImperatIve that the Council consider authonzmg the award of a contract for fire and water remedIatIOn m order to restore the CiVIC Center to a fully functIOn 109 workmg enVIronment Staff does not belIeve the Council should WaIt untIl the next regularly scheduled CouncIl meetmg of January 15 because that could result m a several week delay III restonng the bUlldmg as a fully functIOnmg envIronment MAYOR OR COUNCILMEMBER MAY THEN MAKE A MOTION I MOVE pursuant to Government Code sectIOn 54956 9, subdiVISIOn (b)(l) that the council find there IS a need to diSCUSS an agenda Item to conSider declanng an emergency pursuant to PublIc Contract Code section 20168, waIvmg competItIve blddmg reqUIrements and authonzmg the City Manager to enter mto art agreement for fire and water remediation ofthe CIVIC Center m an amount not to exceed $50,000, that the need to take such actIon came to the attentIon of the city after tomght's agenda was posted, that It IS necessary to conSider this item m order to restore the CiVIC Center to ItS fully functlomng state, and that this Item be added to the agenda pursuant to Government Code section 54954 2 to read as follows "ConsideratIon of DeclaratIon of Emergency pursuant to PublIc Contract Code sectIOn 20168, waIvmg competItIve bIddmg reqUirements and authonzmg the City Manager to enter mto art agreement for fire and water remediation of the CIVIC Center m an amount not to exceed $50,000 " [THE MOTION REQUIRES A 4/5 VOTE] ~ -/i) ~&-3/r CCJI1rY ((J) IF IDYUJEILJIN 100 CIVIC Plaza, Dubhn, Cahfoffila 94568 PIRUESS IRUEILIEASIE DATE CONTACT PlHrONE SUBJECT December 18, 2007 RIchard C Ambrose, CIty Manager 925-833-6650 DllIlbnllll Cnty Hann to lRemam Closed Dublm -- On Tuesday, December 18,2007, an early-mornmg fire m an elevated planter box m a pubhc area resulted m some fire and water damage to the pubhc service counter 1 receptIon areas m the Admill1stratIve Wmg of the CiViC Center The damage affected approximately 25% of the Staff offices 1 work areas m the AdmmIstratIve Wmg that pnmarily support the pubhc counter service areas As a result of the damage, the AdministratIve Wmg ofthe CiViC Center was closed on December 18, 2007 to walk-m customers, but the City's phones and computer systems remallled operatIonal to assist the publIc The Pohce Wmg of the CIVIC Center was not damaged and remamed open for busmess Due to the nature of the clean-up needed to make the AdminIstratIve Wmg's pubhc counters aVailable for pubhc use, this portIon of the CIViC Center Will be closed to the pubhc for Wednesday, December 19, 2007 PublIc service counter areas affected mclude CIty Manager/City CouncIl, Pubhc Works, Plannmg, Bmldmg and Fmance work areas Pubhc access for recreational needs Will be accommodated at the DublIn Library annex (200 CIVIC Plaza) At this pomt, no finanCial estimate of the damage has been made City Staff Will report to work on December 19, 2007 to assist m the clean-up effort and the re-estabhshment of the affected work areas CIty Staffwtll make an assessment by the end of the busmess day on Wednesday as to the possIblhty of openmg fhe pubhc servIce counters on Thursday, December 20 CIty Staff Will be available to assist reSidents and busmesses by phone, e-mail or Via the City'S webslte (www CI dublIn ca us) Dublm PolIce Services IS open to the pubhc JIr RESOlLUTION NO 224-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * APPROVING FINDING OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR ENVIRONMENTAL RlEMEDIATION IN DUBLIN CIVIC CENTER WHEREAS, the DublIn CIVIC Center sustamed damage from a ftre on December 18, 2007, and WHEREAS, as a result of said ftre property remediatIOn IS reqUIred to certam publIc and staff areas of the CIVIC Center, and WHEREAS, It IS necessary to remedlate thIS condItion m order to preserve the well-bemg of CIty staff and m order that the buIldmg become fully functIOnal agam, and WHEREAS, saId remedIatIOn IS so urgent as to preclude the tIme normally allotted for solIcitation of bids, NOW, THEREFORE, BE IT RESOLVED that the City CounCil of the City of Dublm, pursuant to PublIc Contract Code SectIOn 20168, finds that the pubhc mterest and necessity demand the unmedlate expenditure of publIc money to safeguard the health of persons usmg the CIVIC Center and the CIVIC Center bmldmg"W1thout competitive blddmg, BE IT FURTHER RESOLVED that the City CounCil authonzes the City Manager to enter mto a contract for an amount not to exceed $50,000 for remediatIOn m the CIVIC Center, pursuant to PublIc Contract Code SectIOn 22050, m order to allow the remedIatIOn contract to go forward m a time manner, BE IT FURTHER RESOLVED that thIS Item IS contmued until the City CounCil meetmg of January 15, 2008, at wruch tune the CIty Council WIll review the emergency actIOn taken, BE IT FURTHER RESOLVED that the Council fmds thIS proJect to be exempt from CEQA, as an emergency proJect, pursuant to CEQA GUIdelmes, SectIOn 15269 PASSED, APPROVED AND ADOPTED thIs 18th day of December, 2007 AYES Councllmembers Hildenbrand, Oravetz, SbrantI, Scholz, and Mayor Lockhart NOES None ABSENT None ABSTAIN None ATTEST ~~ /L/~~ ff}tenm City Clerk CflfY OF DUBLKN BUIDGETCHANGEFORM CHANGE FORiVI # e:l3 New Appropriations (CIty Council Approval Required) Budget Transfers _ From Unappropnated Reserves (Fund) X From New Revenues $45,000 - Covered By Insurance General Fund _L- From Budgeted Contingent Reserve (1080 799000) $5 000 fr Contmgent Re;erve Wlthm Same Department ActlVlty {~-'DEQREiASEiB ,,~;tf. Name Between Departments (CIty Council Approval ReqUired) Other ~ I ~E-'Bffiiff ~?lJ\~ Name REVENUE General Fund - (j) ReImbursements General Account Account # 001 570 00) Name GENERAL fUND Non DepartmeQtal Budgeted Contmgent Reserve $5,000 bE c9 Account # 00 I 10800 799 000 Name EXPENDITURl!. General Fund - S50,OOO (;,e. CIVIC Center FIre Repmr Improvements Not Bldgs (Z; 6) Name App. C i/\,-T" J @ Account # 0 () J '-I q q tJOO '-I Name 1?ev C-.TI-rr d J Account # 00 I , Y q 9 . OOQ 3 ~ 5. aVO. tJV ) bB Account # 001 93999 750 050 Name Account # q.S oDO 0'0 ) C tZ-- Name Name Account # Name Account 1,. Account # G2Jl~~~ SIgnature REASON FOR BUDGET CHANGE ENTRY The CIVIC Center AdmIlllstratlve Wmg was damaged by a fire on December 18, 2007 The City CouncIl was requested to authonze an emergency appropnatlOn for the remedIation associated With the damage The amount requested IS for the prehmlOary remedlatlOn and clean- up response The City has a $5,000 deductIble on Its property lDSUrance, quahfied claims expenses above that amount Will be reimbursed by ABAG PLAN or their excess msurance carner and therefore, are shown as funded by msurance reImbursements Costs are bemg captured III a new CapltyaI Improvement Project Account - Project #93999 . ~~ ~-JJ --- Fm Mgr/ASD Date ( ~I 12.10 T City Manager Date t 2(iJ-o J ..'>\ oved at the CIty GouncIl Meetmg on Mayor Date 12/18/2007 Date Posted By Date /:V/I&/o1 fa mslbudgclt g gnature 1\ c1-~fL ~ t 11.-\ l l(, f\l ill' 5 ATTACHMENT # 2 C?0 __