Title
Adopt a Resolution:
a. Declaring an emergency as defined by California Public Contract Code Section 1102 due to the urgent need for space for staff of the District Attorney's Office in close proximity to the Salinas Courthouse located at 240 Church Street in Salinas, CA;
b. Finding that the emergency work will not permit a delay resulting from a formal solicitation of bids and that the action is necessary to respond to the emergency;
c. Finding that emergency work at 230 Church Street, Modular Building #1, in Salinas, CA is necessary to permit the continued conduct of county operations or services; and
d. Authorizing the Contracts/Purchasing Officer, or his designee, to enter into contracts and issue purchase orders to accomplish the required emergency work, and ratifying the execution of emergency contracts and actions taken by the Director of Public Works, or his designee, to respond to the emergency (4/5ths vote required).
StaffReport
RECOMMENDATIONS:
It is recommended that the Board of Supervisors adopt a Resolution:
a. Declaring an emergency as defined by California Public Contract Code Section 1102 due to the urgent need for space for staff of the District Attorney's Office in close proximity to the Salinas Courthouse located at 240 Church Street in Salinas, CA;
b. Finding that the emergency work will not permit a delay resulting from a formal solicitation of bids and that the action is necessary to respond to the emergency;
c. Finding that emergency work at 230 Church Street, Modular Building #1, in Salinas, CA is necessary to permit the continued conduct of county operations or services; and
d. Authorizing the Contracts/Purchasing Officer, or his designee, to enter into contracts and issue purchase orders to accomplish the required emergency work, and ratifying the execution of emergency contracts and actions taken by the Director of Public Works, or his designee, to respond to the emergency (4/5ths vote required).
SUMMARY/DISCUSSION:
The Office of the District Attorney (DA) provides essential services to the public, serving a high volume of clients on a daily basis with a critical need to be in close proximity to the Salinas Courthouse. Services include crisis intervention, resource and referral counseling, and orientation to the criminal justice system. The DA is currently operating out of a 3,000 square foot leased facility located at 140 West Gabilan Street in Salinas. The property owner has requested early termination of the lease. Modular 1 was identified as an appropriate location in the geographic area to renovate to provide these essential services. Renovations to the modular to ready it for relocation of DA staff to allow for occupation at the end of the lease need to be completed expeditiously. Delays that would result from formal solicitation of bids would prevent the DA's Office from providing essential services once the lease ends.
The scope of work to Modular Building # 1 generally consists of remodeling approximately 3,000 square feet of former courtroom space to conform to DA operations including the construction of six 12' x 10' offices, and one reception area.
An "Emergency," as defined under Section 1102 of the California Public Contract Code, means "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services." The Public Contract Code specifically allows for the Board to declare an emergency and authorize the repair or replacement of a public facility. Public Contract Code Section 20134 provides that in cases of emergency, repairs that are necessary to permit the continued conduct of county operations or services may proceed at once with the majority consent of the Board of Supervisors without adopting plans and specifications, and without giving notice for bids to let contracts, through the use of day labor, contracts, or both.
The condition described herein meets the definition of an emergency as defined by Public Contract Code Section 1102 and allows immediate action as necessary to respond to the emergency conditions.
Based on the forgoing, the Resource Management Agency - Public Works (RMA-PW) has authorized Hough Construction Company, Inc. to proceed with the remodel of approximately 3,000 square feet of space located within Modular Building #1 on a "time and material" basis and for a "cost to not exceed" amount of $98,000. All work performed by Hough Construction will be done in accordance with applicable building codes and safe construction management practices. It is anticipated that the space will be available by the end of April to allow the timely transition of staff from the current location to the modular.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has reviewed and approved the procedures for finding the need for an emergency action and emergency contract.
FINANCING:
There is no impact on the general fund. Activities associated with this emergency will be absorbed within the funds allocated for the DA Modular #3 Tenant Improvements project that was included in the Fund 404 Financing Plan approved by the Board on January 15, 2013. If required, the Modular 3 project scope may change to accommodate the reduction in available funding due to this emergency.
Prepared by: George K. Salcido, Real Property Specialist, (831) 755-4859
Approved by:
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Robert K. Murdoch, P.E., Director of Public Works
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Benny J. Young, RMA Director
Dated: April 24, 2013
Attachments: Resolution; Location Map