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Director of Transportation, serving as the Road Commissioner, recommending the Board consider the following:
1) Receive and file the update as required under Resolution 041-2024, providing a status update on the Patterson Drive Sinkhole emergency road repair; and
2) Pursuant to California Public Contract Code Section 22050(c)(3), terminate the emergency on Patterson Drive since construction is complete as of April 23, 2024. (Supervisorial District 3)
FUNDING: Road Fund.
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DISCUSSION / BACKGROUND
On February 22, 2024, the Department of Transportation (Transportation) confirmed the presence of a sinkhole at 4291 Patterson Drive in Diamond Springs. Based on observations that could be safely made at the time, the sinkhole appeared to have been caused by a failed 32” diameter corrugated steel pipe culvert under Patterson Drive and is in need of immediate repair. Patterson Drive carries over 4,700 vehicles daily and is the only viable/two-lane route in and out of an area with several hundred homes. The only other route in and out of the area is Tullis Mine Road, a one-lane road, that was not designed for two-way traffic, therefore impeding any efficient evacuation or circulation for the community. There is a significant risk that the sinkhole will cause Patterson Drive to collapse during the time it would take for staff to follow the standard Board approval process for design, plans, specifications, permission to advertise and award of a public project, and would pose an imminent threat to public safety. It is critical that the County make these emergency repairs immediately in order to prevent or mitigate the loss or impairment of life, health, or property. Transportation consulted with the El Dorado County Sheriff's office and collaborated on the steps moving forward.
Public Contract Code section 22050, Emergency Contracting Procedures, authorizes the Board of Supervisors to delegate authority by resolution to non-elected county officers to order actions to repair or replace a public facility and procure services for those purposes in the event of an emergency. Section 2.18.020 of the County Code of Ordinances designates the Director of Transportation as a county officer serving as the Road Commissioner.
On March 12, 2024 (Legistar 24-0464, Item 14), the Board Adopted Resolution 041-2024, which declared an emergency existed. The resolution included a requirement for the Road Commissioner to report to the Board on the status of the emergency at every single regular meeting following the adoption of the resolution until the emergency terminates.
The Board found this emergency repair work is exempt from the California Environmental Quality Act under Public Resources Code Sections 21060.3(4) and 21080, and CEQA Guidelines Sections 15269, 15301.
Even though State law allows the County to completely waive the solicitation of public bids when the Board finds an emergency exists, Transportation advertised a short-form contract and scope to several contractors on March 15th, conducted a modified bidding process with a 5-day advertisement period, and opened bids on March 22nd, 2024.
On April 8, 2024, the Director of Transportation sent an interoffice memorandum (Attachment A) to the Board of Supervisors and the Chief Administrative Officer with updates on the emergency project that were to late to be included in the April 9, 2024, board staff report.
On April 12th, Transportation executed a contract from the selected bidder, Doug Veerkamp General Engineering, Inc (Veerkamp). Given the urgent nature of this project's work, Transportation authorized Veerkamp to start work on April 1, 2024, in accordance with Standard Specification 8-1.04B, which allows a contractor to begin work early if the contractor has submitted its bonds, insurance, and the partially executed contract to Transportation.
As of April 23, 2024, all work related to the emergency has been completed. Accordingly, Transportation recommends that the Board terminate the emergency that was declared by the Board via Resolution 041-2024 on March 12, 2024. The original bid price for the emergency project was $189,000.00. The final price for the emergency project is estimated to be $248,875. The increase to the original bid price is primarily due to (1) extra work required to mitigate the presence of unanticipated groundwater and unsuitable supersaturated pipe bedding material, and (2) mitigating the storm event that occurred during construction on April 5-7, 2024. Per memoranda previously sent to individual Board members, Transportation plans on bringing several contract change orders to the Board for retroactive approval in the coming weeks.
ALTERNATIVES
N/A
PRIOR BOARD ACTION
March 12, 2024 - Legistar 24-0464, Item 14 - Approval of Resolution 041-2024 granting the Road Commissioner authority to take all necessary actions to authorize road repairs required to fix the sinkhole and related damage on Patterson Drive.
March 19, 2024 - Legistar 24-0550, Item 30 - Update on the emergency road repairs.
April 2, 2024 - Legistar 24-0613, Item 14 - Update on the emergency road repairs.
April 9, 2024 - Legistar 24-0670, Item 27 - Update on the emergency road repairs.
April 23, 2024 - Legistar 24-0764, Item 17 - Update on the emergency road repairs.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel & El Dorado County Sheriff's Office
CAO RECOMMENDATION / COMMENTS
FINANCIAL IMPACT
Transportation has estimated the existing emergency repairs will not exceed $500,000. Funding for this project will come from the Road Fund.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Rafael Martinez, Director
Department of Transportation