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Report regarding a resolution determining the continued existence of an emergency and the need to continue emergency repairs for the Hillside (Terrabay) Field Light Replacement Project. (Sharon Ranals, Assistant City Manager/Parks and Recreation Director)
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RECOMMENDATION
Recommendation
It is recommended that the City Council adopt a resolution determining the continued existence of an emergency and the need to continue emergency repairs for the Hillside (Terrabay) Field Light Replacement Project.
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BACKGROUND/DISCUSSION
In April 2019, City staff determined there exists an emergency need for the removal and replacement of a 70-foot tall athletic field light pole was damaged at Hillside (Terrabay) Ballfield, located at 1400 Hillside Boulevard. This pole was damaged severely during the winter storms in the early months of 2019. The base of the pole was compromised, resulting in a significant lean. The steel pole, fatigued from bending, presents a hazardous condition in the event it were to fall. For this reason, the portion of the field within the pole’s fall zone was and remains fenced with chain link construction fencing. Because the safety fencing encompasses nearly all of left field, the field has not been made available for youth baseball or adult softball, however the youth soccer field to the south is not within the fall zone and remains open for league play and public use. The pole currently remains in a leaning position and is a significant hazard for public health and safety in the event it collapses over the field.
Upon determining there exists an emergency need for the removal and replacement of the pole given the potential for the pole to fail and harm a park visitor, City staff informally solicited bids for the project, with only one contractor, Interstate Grading and Paving, Inc. (“Interstate Grading”) submitting a bid. Staff actively solicited bids from several other contractors, however, all of them declined the project due to the size of the pole and the specialized equipment and expertise needed for a project of this scale.
The bid received from Interstate Grading was $105,430. A subsequent contract change order was received in the amount of $4,700 due to the increased size and material needed for the engineered foundation, for a total project cost of $110,130. Since the pole was damaged during a storm, the city’s liability insurance policy with York Risk Services is expected to cover the cost of the replacement, excluding a $5,000 deductible.
In May 2019, the replacement pole was ordered. The replacement pole must be custom fabricated in order to match the height and light spread of the existing poles at the field, which are decades old. For this reason, the pole fabrication period was expected to take 12 weeks. Energy-efficient LED lamps will be mounted on the pole in lieu of the existing inefficient metal halide lamps.
Mobilization and construction of the new concrete foundation is scheduled to begin the week of August 26, 2019. Once the concrete cures for approximately two weeks, the pole will be installed. Following demobilization, those portions of the field damaged from heavy equipment will be remediated by Interstate Grading and Paving, Inc. This work includes minor grading, irrigation repairs, and reseeding of turfed areas. This damaged portion of the field will remain closed until the turf has established, a process that typically takes three to four months.
Public Contract Code section 22050 authorizes the City Council to take any directly related and immediate action required by an emergency to repair or replace a public facility, and to procure the necessary equipment, services, and supplies without procuring such contracts through the competitive bidding process. Section 22050 (b) further permits the City Council to delegate such emergency authority to the City Manager, by a four-fifths vote. The City Council is required under state law to periodically review the emergency action to determine that the emergency continues to exist and the action continues to be necessary.
On September 12, 2018, the City Council adopted a resolution delegating authority to the City Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and restrictions of Section 22050. Pursuant to that authority, the City Council is being asked at this time to conduct its periodic review required by state law, and determine that the emergency situation continues to exist and it is necessary for the City to continue to contract with Interstate Grading for the fabrication and repair of the pole.
At this time, the pole remains in a fragile and hazardous condition, and if the work is terminated now and the project is subject to applicable bidding procedures, the additional time that it takes to locate a new contractor willing to undertake the project, fabricate a customized pole, and allowing time for the contractor to commence installation would prolong the dangerous and hazardous condition in which the pole currently stands. Therefore, staff recommends that the City Council continue to determine that the emergency exists and the emergency action, undertaken pursuant to the City Manager’s delegated authority, remains necessary.
Staff will continue to monitor the condition of the remaining poles, and may recommend replacement of the pole or components thereof as part of a future capital improvement program.
FISCAL IMPACT
The cost of the replacement pole, electrical connections, lamps and concrete foundation is $110,130, and will be subject to reimbursement through the York Risk Management, the City’s liability insurance provider. The deductible for this policy is $5,000, which will be funded by the Parks and Recreation Department’s operating budget.
CONCLUSION
It is recommended that the City Council adopt a resolution determining the continued existence of an emergency and the need to continue emergency repairs for the Hillside (Terrabay) Field Light Replacement Project.