AGENDA ITEM NO. 4.g REPORT TO MAYOR AND COUNCIL TO THE HONORABLE MAYOR AND CITY COUNCIL: DATE: February 26, 2013 SUBJECT: ADOPT RESOLUTION NO. 13-10 DECLARING AN EMERGENCY AT CAMP CONCORD FOR PROJECT 2256 (CAMP CONCORD BATHHOUSE RESTORATION); Report in Brief On January 15, 2013, City staff discovered the theft of an extensive amount of copper plumbing materials at Camp Concord which is located at Lake Tahoe on leased Forest Service property and is currently snow-bound. Camp programs for the 2013 spring/summer season will be cancelled unless repair work is authorized immediately so that it can be completed prior to the May 4, 2013 opening date. Therefore, staff recommends that the Council adopt Resolution No. 13-10 declaring an emergency under Section 1102 of the Public Contract Code for the Camp Concord plumbing repair and authorizing the City Manager to execute construction contracts without competitive solicitation of bids under Section 20168 and 22050 of the Public Contract Code. Staff also recommends that the City Council authorize the City Manager to execute a construction contract for emergency repairs to be funded out of General Fund proceeds. Background The City of Concord has operated a summer camp at Lake Tahoe (Camp Concord) since 1967 on land owned by the Forest Service and leased to the City. The camp season generally starts at the beginning of May each year and runs continuously through the summer months until September. The Camp is closed to the public during the winter months. The City previously employed a caretaker to live at the Camp during this period of time. However, in 2005, the Forest Service determined that unless the City agreed to take over maintenance of the road leading from the main highway to the camp the City was not permitted to plow the road into Camp Concord during the winter months. The City declined to maintain the roadway, which in turn impeded vehicle access to
Page 2 the Camp when snow was on the ground, and subsequently decided to eliminate the caretaker position during the winter months. Staff was directed to conduct periodic security checks of buildings during winter months to determine if the facilities had been damaged by weather, vandals or animals. It should be noted that when snow is present, due to the blocked road access, staff must hike/snow shoe at least 25 minutes from the main roadway to gain access into the Camp facilities. Generally, the roadway is clear of snow and open for vehicle access by April 1 st of each year. On December 20, 2012, one of the Camp seasonal staff made a security check and found all the copper pipe plumbing had been removed from the Family Camp Bathhouse. This bathhouse had recently been renovated under Project 2155 Camp Concord Family Camp Bathhouse Renovations, (accepted by Council in July 2012). Staff also discovered that the Maintenance Shed had been vandalized and copper stolen from there as well. A police report was filed with the El Dorado County Sheriff s Department and an investigation is ongoing. A subsequent visit by the Camp Director and Engineering staff on January 15 th revealed that an additional six buildings at the Camp had also been stripped of copper piping. It is unknown whether this theft had occurred prior to the December 20 th discovery of the Family Bathhouse theft and was simply undetected at the time, or if thieves had returned to the Camp to steal more copper. Staff determined at that time that copper had been stripped from the following buildings: Lower Camp Bathhouse Maintenance Staff cabin Nurses cabin Staff Office Dining Hall Kitchen and restrooms Camp Counselor Staff housing cabins. Additionally, it was discovered during the visit that the Maintenance Shed had been broken into a second time, although nothing additional was found to be missing. Several brass covers have been stolen from various fire hose stands around Camp as well. The location of each building and the fire stands is shown in Attachment 1. City staff reported this incident to the Sherriff s Office who came to the scene and filed a second report and added this information to their investigation. Staff has contacted the City s insurance carrier and is currently assembling all of the requested information necessary for the purposes of filing a claim.
Page 3 Discussion Subject to certain exceptions, the Public Contract Code and the City s Purchasing Ordinance mandate that all public projects which exceed $5,000 be publically bid in a competitive bid process. Generally, the timing for a typical CIP project for the City is as follows: once the plans and specifications are developed, the City s Purchasing Ordinance calls for the publication via newspaper of the notice inviting formal bids to be completed at least thirty (30) days before bids are due. Then, after the bids have been evaluated and a contractor selected, the award of a construction contract is placed on the City Council agenda. If awarded, the time to process the contract, obtain the necessary insurance and bonds can take several weeks thereafter. As a result of this mandated competitive bidding process, the typical CIP public bidding process can take up to three (3) months. Staff can expedite preparation of the new plans and specifications needed for the repair by utilizing the plans that were prepared for the recent construction of the Family Bathhouse project, although this was only one of several building sites at the Camp that were vandalized. However, this CIP project is further complicated by the fact that the site is located in the Lake Tahoe region with no vehicle access during the winter months. Getting to the Camp site takes approximately 3.5 hours of driving time, and, as noted above, City staff is required to hike/snow shoe 25 minutes from the main roadway in order to reach the Camp facilities. Staff estimates that this factor could increase the time to prepare the necessary drawings by at least one month. A rough estimate for construction time needed to complete the repairs is anticipated to be at least one month as well. Therefore, should the project go through the standard public bidding process, it is estimated that the repair project will take five (5) months from start to completion (plan preparation, competitive bidding and completion of construction). Section 20168 of the Public Contract Code allows the City Council to pass a resolution by four-fifths vote declaring that in the case of an emergency, the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Emergency pursuant to Section 1102 of the Public Contract Code is defined as 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 services. Under this procedure, the Council is requested to adopt a resolution with a finding that the emergency will not permit delay resulting from a competitive solicitation for bids, and the action taken is necessary to respond to the emergency. With adoption of this resolution establishing the emergency, the Council may expend any sum required in the emergency using a modified contracting procedure outlined in Section 22050 of the Code.
Page 4 Staff believes that the circumstances surrounding this project warrant a finding of an emergency under the Public Contract Code as described below: 1. Lost Revenue Camp Concord opens for its spring/summer season on May 4, 2013, about 10 weeks from now. The May and June months are considered the pre-season and the Camp is reserved to specific groups for almost each weekend during this pre-season. The family camp season officially starts on June 28 th. At this time, the camp is open every day for campers. The City has already entered into contracts with two rental groups for use of the camp in May. Two other groups have expressed interest in rentals during the pre-season. Group rentals account for approximately 45% of total camp revenue. Additionally, sixty (60) families have already registered to attend during the family camp season. Given the theft of essentially all copper piping at the Camp, the Camp is not habitable and cannot accommodate any campers without repair/replacement of the plumbing. If the construction was not completed prior to the May 4 th opening date, the camp programs would have to be suspended or cancelled. Staff estimates that the City would lose revenue in the amount of $55,000. 2. Loss of Good Will In 2011, the Camp underwent significant program changes in an effort to become more cost effective. As part of that effort, returning campers are essential to maintain the economic viability of the Camp. During the past two seasons, Camp Concord has been able to increase its customer satisfaction rating and has increased the percentage of repeat customers. If the campers are now turned away and reservations cancelled, the Camp risks losing the positive momentum and customer loyalty to return in the future. 3. Risk of Vandalism and Further Damage If no action or repairs are authorized and the Camp is left vacant for the next five (5) months, Camp facilities will be extremely vulnerable to future theft and vandalism, and further deterioration. Newly exposed areas were created when the piping was removed from the walls and ceiling. Weather, animals and natural elements could create further damages to the buildings if not repaired soon. Given the unexpected debilitating damage to the Camp as a result of the copper theft, staff believes that a three (3) month delay resulting from a competitive solicitation for bids will adversely
Page 5 impact the public interest in preserving the Camp and its programs for the community. The City Attorney has reviewed the report and concurred with these findings and the recommended action. Staff intends to pursue replacement of as much copper material as possible with a product called PEX or polyethylene piping. This material serves the same purpose as the copper but is much less expensive to install and has been approved by El Dorado County for installation. Staff believes installation of PEX will minimize the chance for vandalism of piping in the future. Fiscal Impact On February 5, 2013, the City Council approved $25,000 in General Funds to be allocated for this repair project as part of the FY12-13 Mid-Year Budget adjustment. These funds are sufficient to initially fund the emergency repairs and replacement of piping at Camp Concord. Staff has performed an initial cursory review that estimates the total damage at $70,000 to $80,000. At this time, staff is refining that initial damage estimate. However, because access to Camp Concord is limited, establishing a final estimate of the repair costs is difficult. The City has received approval from El Dorado County to: 1) place a dedicated building inspector at the site to expeditiously certify the repair work meets Building Code requirements, and 2) use non-copper material that will still meet code requirements for replacement in damaged areas. Because of these accommodations, staff believes it is possible that the total repair and administrative costs to approve the repair may be accomplished at a level even less than $80,000. Staff proposes to fund the Camp Concord repairs with the $25,000 allocated at Mid-Year and supplement that amount with the project savings of $65,000 that are available from the Mid-year allocation for Pedestrian and Bike Path Copper Theft Repairs, a project that came in somewhat under the projected budget. As the Camp repairs progress and if needed, staff will identify and return to Council to allocate all or a portion of the $65,000 project savings to fund the Camp Concord repairs. As mentioned in the Background section, staff continues to work with the insurance company to submit a claim for all reimbursable damages. Once proceeds from this insurance claim are received, staff will request that these proceeds be allocated to the General Fund Reserves. Public Contact The City Council agenda was posted.
Page 6 Recommendation for Action Staff recommends the City Council adopt Resolution No. 13-10 declaring an emergency at Camp Concord and authorize the City Manager to execute a construction contract to replace stolen copper piping without competitive solicitation of bids under Sections 20168 and 22050 of the Public Contract Code. Valerie J. Barone Interim City Manager Valerie.barone@cityofconcord.org Prepared by: Jon Crawford, PE Interim City Engineer jon.crawford@cityofconcord.org Reviewed by: Victoria Walker Director, Community & Economic Development victoria.walker@cityofconcord.org Attachment 1: Camp Concord Vicinity Map Attachment 2: Resolution No. 13-10
Attachment No. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA A Resolution Declaring an Emergency at Camp Concord and Authorizing the City Manager to Execute a Construction Contract for Emergency Repairs to Replace Stolen Pipe Resolution No. 13-10 / WHEREAS, the City Council accepted Project 2155, Family Camp Bathhouse Improvements at its meeting of July 12, 2012; and 2012; and WHEREAS, City staff made security check of the Family Camp Bathhouse on December 20, WHEREAS, City staff determined that significant amount of copper piping had been stolen from said Family Camp Bathhouse; and WHEREAS, subsequent staff check on January 15, 2013 revealed that significant amounts of copper pipe had been stolen from additional Camp facilities; and WHEREAS, Camp is scheduled to open for the 2013 summer season on May 4, 2013; and WHEREAS, Sections 20168 and 22050 of the Public Contract Code allow the City Council under certain specific conditions to authorize the immediate expenditure of public money to make emergency repairs to safeguard life, health, or property without giving notice of bids to let contracts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS: Section 1. City Staff has verified that over 2000 linear feet of copper piping has been stolen from Camp Concord facilities, including both bathhouses, the kitchen/dining Hall, the Camp Office, and the Nurse s Office. Section 2. The above vandalism has rendered Camp unusable in its current condition. Section 3. Awarding a construction contract without competitive solicitation for bids is required to complete repairs in time to meet the upcoming opening date for the Camp summer season. Section 4. The City Manager is authorized to execute agreements necessary for the construction of the emergency repairs. Res. No. 13-10 1
Attachment No. 2 1 2 3 4 5 6 7 8 9 10 Section 5. This resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED by the City Council of the City of Concord on February 26, 2013, by the following vote: AYES: Councilmember - NOES: Councilmember - ABSTAIN: Councilmember - ABSENT: Councilmember - I HEREBY CERTIFY that the foregoing Resolution No. 13-10 was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on February 26, 2013. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM: Mark S. Coon City Attorney Mary Rae Lehman, CMC City Clerk Res. No. 13-10 2