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HomeMy WebLinkAbout022123-09.4 ADMINISTRATIVE STAFF REPORT 9.4 TO: Mayor and Town Council February 21, 2023 SUBJECT: Resolution No. 16-2023, authorizing an Emergency Storm Drain Culvert Replacement contract pursuant to California Public Contract Code Sections 20168 and 22050 and appropriating additional funding for Town-wide Storm Drain System Management, CIP No. A-330 BACKGROUND The Town of Danville continues to operate under the local state of emergency declared on January 10, 2023 as a result of several atmospheric rivers that hit the San Francisco Bay Area starting on December 31, 2022 and continued through January 2023. These storms caused damage to Town infrastructure including a 12-foot diameter drainage culvert under Diablo Road, immediately east of Alameda Diablo. Once the storms subsided, a detailed inspection of the drainage culvert concluded that the structural integrity of the culvert has been compromised by these winter storms. Consequently, it is recommended that an emergency project be undertaken to replace the culvert as soon as practicable. DISCUSSION The emergency culvert replacement would require closure of Diablo Road, between Alameda Diablo and Avenida Nuevo. The temporary road closure would result in the shortest project duration and cost efficiency. The project duration is anticipated to be approximately three weeks and is expected to commence in late March 2023, aligning with the spring break schedules of the local public and private schools to the greatest degree possible. Informal bids were received during the week of February 6, 2023. The lowest responsive bidder was Teichert Construction of Pleasanton, California at $1,364,000. Bid results are summarized in Attachment C. Construction is expected to begin in late March 2023. Emergency projects are exempt from the requirements of the California Environmental Quality Act (CEQA) according to California Public Resources Code Section 21080(b)(2) and Guidelines Section 15269. Authorizing Emergency Culvert 2 February 21, 2023 Replacement on Diablo Road CIP No. A-330 Public Contract Code 20168 states that in case of an emergency, the Town Council may pass a resolution by a four-fifths vote that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, the Town may expend any sum required in the emergency without complying with the code. If a notice for bids to let contracts is not given, the Town Council shall comply with Public Contract Code Section 22050, which provides that, with a four-fifths vote, a finding may be made, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. The attached resolution contains such findings. COMMUNITY OUTREACH The community outreach effort associated with this emergency project would include (but not limited to) coordination with local public agency partners, such as Contra Costa County District 2 Supervisor’s Office, Contra Costa County Public Works Department, San Ramon Valley Unified School District, San Ramon Valley Fire Projection District and Mount Diablo State Park. In addition, all residential addresses that take access from Diablo Road (east of Green Valley Road) or Blackhawk Road will be notified by a direct mail postcard. All nearby Homeowners Associations would also receive a mailed notification. Changeable message signs (electronic reader boards) would be placed in advance of all approaches to Diablo and Blackhawk Roads. Furthermore, static printed notification signs would be placed at the entrance to all neighborhoods along the roadway corridor. The Town would also issue a press release, post information on all Town sites and social media platforms, and distribute information on both the County District 2 newsletter as well as the Danville Area Chamber of Commerce newsletter. Lastly, a project page has been developed (www.DanvilleTownTalks.org/DiabloCulvert) to allow residents to get up-to-date information about detour routes, project updates, and local resident access. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. Adjacent property owners will be notified in advance of the construction schedule. FISCAL IMPACT The low bid amount of $1,364,000 plus a 30% contingency of $410,000 results in a total construction budget of $1,774,000. An appropriation of $1,774,000 will be required from Authorizing Emergency Culvert 3 February 21, 2023 Replacement on Diablo Road CIP No. A-330 CIP General Purpose Revenue in order to fully fund the project. RECOMMENDATION Adopt Resolution No. 16-2023, authorizing an Emergency Storm Drain Culvert Replacement contract pursuant to California Public Contract Code Sections 20168 and 22050 and appropriating additional funding for Town-wide Storm Drain System Management, CIP No. A-330. Prepared by: Steven Jones, P.E. City Engineer Reviewed by: Tai J. Williams Assistant Town Manager Attachments: A – Resolution No. 16-2023 B – CIP Pages No. A-330 C – Bid Results Summary RESOLUTION NO. 16-2023 AUTHORIZING AN EMERGENCY STORM DRAIN CULVERT REPLACEMENT CONTRACT PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050 AND APPROPRIATING ADDITIONAL FUNDING FOR TOWN-WIDE STORM DRAIN SYSTEM MANAGEMENT, CIP NO. A-330 WHEREAS, a series of major storm events that started on December 31, 2022, and continued through January 2023 caused the initiation of emergency repairs to Town streets and facilities; and WHEREAS, the Town of Danville continues to operate under the local state of emergency declared on January 10, 2023; and WHEREAS, California Public Contract Code Section 20168 states that in case of an emergency, the Town Council may pass a resolution by a four-fifths vote that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; and WHEREAS, California Public Contract Code Section 22050 states that a finding shall be made, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and WHEREAS, said emergency work is exempt from the requirements of the California Environmental Quality Act according to California Public Resources Code Section 21080(b)(2) and Guidelines Section 15269; and WHEREAS, the Danville Town Council has appropriated funding in the Capital Improvement Program for the Town-wide Storm Drain System Management, CIP No. A-330 in the 2022/23 Capital Improvement Program; and WHEREAS, the Town solicited informal bids from contractors because the formal competitive bidding process would have delayed immediate action; and WHEREAS, the lowest responsive bidder is Teichert Constrction of Pleasanton, California, at $1,364,000 and the City Engineer has recommended awarding a construction contract for the project to said contractor; now, therefore, be it RESOLVED, that the Danville Town Council finds, based on substantial evidence, that the replacement of the storm drain culvert on Diablo Road is an emergency that would not permit a delay resulting from a competitive solicitation of bids, and that immediate action is necessary to respond to said emergency in conformance with California Public Contract Code §22050; and, be it further DocuSign Envelope ID: 5000552C-2C43-46CC-B1EE-A91A4C0937EB ATTACHMENT A RESOLVED, by the Danville Town Council that it was in the public interest to expend public money to safeguard life, health, and/or property in conformance with California Public Contract Code §20168; and, be it further RESOLVED, by the Danville Town Council, that $1,774,000, in CIP General Purpose Revenue be appropriated in Fiscal Year 2022/23 for CIP No. A-330 to fund construction of the project; and, be it further RESOLVED, by the Danville Town Council, that the Town award a construction contract for the Emergency Diablo Road Culvert Replacement as part of Town-wide Storm Drain System Management, CIP No. A-330 to Teichert Constrction of Pleasanton, California; and, be it further RESOLVED, by the Danville Town Council, that the Town Manager be and hereby is authorized to execute, on behalf of the Town, a written contract with Teichert Construction of Pleasanton, California for $1,364,000 and authorize use of a 30% contingency amount of $410,000 for a total construction budget $1,774,000 for work in connection therewith, and the City Clerk is hereby directed to attest same and affix thereto the official seal of the Town; and, be it further RESOLVED, that staff shall within five (5) days of the adoption of this resolution, transmit an Extract of Public Works contract award to the Department of Industrial Relations, Division of Apprenticeship Standards, P.O. Box 420603, San Francisco, CA 94142. (Note: Should a finding of any discrepancy regarding this ratio of apprentices to journeymen be made, the Town shall notify the Division of Apprenticeship Standards of such findings.) APPROVED by the Danville Town Council at a regular meeting on February 21, 2023, by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK DocuSign Envelope ID: 5000552C-2C43-46CC-B1EE-A91A4C0937EB www.danville.ca.gov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rojects ATTACHMENT B INFORMAL BID RESULTS SUMMARY Emergency Culvert Replacement on Diablo Road Week of February 6, 2023 Teichert Construction $1,364,000 Goodfellow Bros. $1,596,322 McGuire and Hester Declined to bid ATTACHMENT C