HomeMy WebLinkAbout070523-06.4 ADMINISTRATIVE STAFF REPORT 6.4
TO: Mayor and Town Council July 5, 2023
SUBJECT: Resolution No. 54-2023, authorizing an Emergency Slope Repair contract
pursuant to California Public Contract Code Sections 20168 and 22050
and appropriating additional funding for Front Street Creek Bank
Stabilization, CIP Project C-593
BACKGROUND
The Town of Danville continues to operate under the local state of emergency originally
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.
Among the damage caused by the series of storms was the collapse of segments of
the creek bank along San Ramon Creek immediately adjacent to Front Street,
leaving the street and adjacent businesses at risk for additional sliding. The creek
bank along the west side of San Ramon Creek in the area north of Front Street has
experienced previous damage due to heavy winter rains.
In winter of 2005/06, a series of heavy storms caused two landslides to occur within
segments of San Ramon Creek along the east side of Front Street, north of Diablo Road.
In 2008, repairs of both slides were completed. Repairs consisted of two segments of wall,
which were approximately fifteen feet high and constructed using soldier piles with
concrete lagging at the top of the slope. The repair concept utilized was approved by
state and federal agencies.
Subsequently, in 2014, another heavy storm destabilized the portion of the creek bank
that was located between the two segments of wall that were constructed in 2008. The
Town responded immediately to permit, design, and construct a repair using the same
concept utilized for the 2008 repairs. Once completed, this repair connected to both of
the previous walls that were constructed in 2008, to form one continuous wall.
Construction of the second repair project was completed in 2019. The repair concept
utilized was similar to the 2008 repairs that were approved by state and federal agencies.
Most recently, on December 31, 2022, a large rainstorm passed through Danville causing
flows within San Ramon Creek to saturate the creek bank in locations to the north and
south of previously installed soldier pile retaining walls that support Front Street. The
creek bank subsequently collapsed leaving the area, including Front Street and adjacent
businesses, at risk for additional sliding. Temporary stabilization measures were made
Authorizing Emergency Slope 2 July 5, 2023
Repair on Front Street
CIP No. C-593
to prevent further erosion and stabilize the creek bank. Consequently, it is recommended
that an emergency project be undertaken to permanently repair the slope as soon as
practicable.
DISCUSSION
The facility is located east of historic downtown Danville adjacent to San Ramon Creek.
The road is a public two-lane street, owned and maintained by the Town of Danville,
which serves businesses on the western side. On the eastern side of the street there is an
approximate 35-foot-high improved embankment which abuts San Ramon Creek. The
length of the embankment is approximately 560 linear feet (LF). Portions include an
existing soldier pile wall with tiebacks, buried rock riprap stabilization with filter fabric,
restoration plantings, and subdrainage pipes. Other portions are graded slope
embankments without walls and these are believed to have been constructed nearly 100
years ago.
Temporary Stabilization
On January 5, 2023, the Town hired a qualified contractor (Freethy Excavating) to
construct temporary bank stabilization in response to the damage from the storm events
that occurred on December 31, 2022, through January 4, 2023. The temporary bank
stabilization consisted of removal of unsuitable material, installation of approximately
250 tons of rip rap, and crack sealing the separation of concrete curb and gutter from the
edge of pavement.
Permanent Creek Bank Repair
The relocation of PG&E utility poles is required to repair the creek bank with the design
approach utilized for the other damaged sections of the creek bank in 2008 and 2019. In
early January, shortly after the December 31st storm, staff contacted PG&E requesting
utility pole relocation. Four months later, in May 2023, staff began exploring an
alternative repair solution when it became evident that PG&E’s administrative processes
would not enable a timely relocation of the utility poles.
Working with ENGEO, a local engineering firm specializing in this type of work, the
Town has identified two separate creek bank stabilization design solutions – one for the
area of the creek near the utility poles and one for the area away from the poles.
For the project area constrained by the PG&E utility poles, the design solution involves
utilizing a buried “pin-pile” wall. The piles would be 40 feet in height, 2 feet in diameter,
and be spaced at 6 feet on-center. This design solution would provide more resiliency for
the embankment system along top edge of the embankment along San Ramon Creek
Authorizing Emergency Slope 3 July 5, 2023
Repair on Front Street
CIP No. C-593
while avoiding the need to relocate PG&E utility poles.
For the project area unconstrained by PG&E utility poles, located directly across from the
Green Valley Creek confluence, the design solution will utilize soldier pile walls with
tiebacks and toe stabilization. The proposed repairs are similar to those made in 2008 and
2019 that have performed well since implementation.
An informal bid was received on June 15, 2023, from Freethy Excavating of Danville,
California in the amount of $1,586,375. Freethy Excavating was previously the lowest
responsive bidder and constructed the previous repairs in 2008 and 2019. Construction is
expected to begin in July 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.
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.
PUBLIC CONTACT
Because the street is narrow, curb parking will be prohibited during construction and
access to driveways will be limited to one-way traffic. Appropriate construction and
detour signs will be posted together with the Town’s standard construction advisory sign
to inform the public.
The Town will also issue a press release, post information on all Town sites and social
media platforms, and the Danville Area Chamber of Commerce newsletter.
Posting of the meeting agenda serves as notice to the general public. Adjacent property
owners will be notified in advance of the construction schedule.
Authorizing Emergency Slope 4 July 5, 2023
Repair on Front Street
CIP No. C-593
FISCAL IMPACT
The bid amount of $1,586,375 plus a 20% contingency of $320,000 results in a total
construction budget of $1,906,375. An appropriation of $1,906,375 will be required from
CIP General Purpose Revenue in order to fully fund the project.
RECOMMENDATION
Adopt Resolution No. 54-2023, authorizing an Emergency Slope Repair contract pursuant
to California Public Contract Code Sections 20168 and 22050 and appropriating
additional funding for Front Street Creek Bank Stabilization, CIP Project C-593.
Prepared by:
Steven Jones, P.E.
City Engineer
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachments: A – Resolution No. 54-2023
B – CIP Pages No. C-593
RESOLUTION NO. 54-2023
AUTHORIZING AN EMERGENCY SLOPE REPAIR CONTRACT PURSUANT
TO CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050
AND APPROPRIATING ADDITIONAL FUNDING FOR FRONT STREET
CREEK BANK STABILIZATION, CIP PROJECT C-593
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
initially 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 previously appropriated funding in the
Capital Improvement Program for the Front Street Creek Bank Stabilization, CIP No. C-
593 in the 2023/24 Capital Improvement Program; and
WHEREAS, the Town solicited an informal bid from a local contractor because the formal
competitive bidding process would have delayed immediate action; and
WHEREAS, the bid from Freethy Excavation of Danville, California, is $1,586,375 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 bank stabilization on Front Street 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: 87E8BECD-B39B-4EF8-A0F7-BF2E6E70C0EE
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 $1,906,375, in CIP General Purpose
Revenue be appropriated in Fiscal Year 2023/24 for CIP No. C-593 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 Slope Stabilization as part of Front Street Creek Bank Stabilization,
CIP No. C-593 to Freethy Excavating of Danville, 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 Freethy Excavating
of Danville, California for $1,586,375 and authorize use of a 20% contingency amount of
$320,000 for a total construction budget $1,906,375 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 July 5, 2023, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: 87E8BECD-B39B-4EF8-A0F7-BF2E6E70C0EE
Projects
FRONT STREET CREEK BANK STABILIZATION
PROJECT DESCRIPTION AND LOCATION:
DESCRIPTION OF MODIFICATIONS:
Project is complete.
RATIONALE FOR PROPOSED PROJECT:
Existing slope failure.EXPECTED IMPACT ON OPERATING BUDGET:Additional worker hours required to maintain per year:0
Additional Town direct operating costs per year:$0
PROJECT COST ESTIMATE
This project has been modified from the previous year.
PROJECT APPROPRIATION AND FUNDING
Provide a feasibility study, design, and construction of a retaining wall on
Front Street north of Diablo Road. Work includes retaining walls, curb,
gutter, street work, and creek bank slope protection.
Construction for the slope repair was completed in 2019.
Ongoing monitoring as required for environmental permit mitigation.
5/22/2023PRINTED ON:
CIP No:C-593 STATUS:In Construction PRIORITY:1/2 PROJECT MANAGER:SJ GREEN PROJECT:Yes
Expenditure Category Prior Years 2023/24 2024/25 2025/26 2026/27 2027/28 Total
Design/Plan Review $0 $0 $0 $0$202,400 $202,400$0
Construction $0 $0 $0 $0$720,000 $720,000$0
$922,400 $0 $0 $0 $0 $0 $922,400Total Cost Estimate:
$895,028Total Expenditure: Unexpended: $27,372 on 3-30-2023
Prior Years 2023/24 2024/25 2025/26 2026/27 2027/28 TotalFunding Source(s)
CIP Gen Purpose Rev $922,400 $0 $0 $0 $0 $922,400$0
$922,400 $0 $0 $0 $0 $0 $922,400Total Funding:
www.danville.ca.govCIP108ATTACHMENT B