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Home My WebLink About100323-06.4 ADMINISTRATIVE STAFF REPORT 6.4 TO: Mayor and Town Council October 3, 2023 SUBJECT: Resolution No. 69-2023, authorizing an Emergency Storm Drain Replacement contract pursuant to California Public Contract Code Sections 20168 and 22050 and appropriating additional funding for Town-wide Storm Drain System Management, CIP Project A-330 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. These storms caused damage to Town infrastructure including an 18-inch diameter storm drainage pipeline on East Linda Mesa between Hartz Avenue and Front Street. A recent video inspection concluded that the structural integrity of the pipeline has been compromised and must be replaced. Consequently, it is recommended that an emergency project be undertaken to replace the pipeline as soon as practicable to prevent further property damage that could result from future storm events. DISCUSSION The 18-inch diameter pipeline is located east of historical downtown Danville on East Linda Mesa from Hartz Avenue to Front Street. The road is a public two-lane street, owned and maintained by the Town of Danville, which serves businesses. A sinkhole developed in the landscape planter area directly above the storm drain pipeline in front of 196 East Linda Mesa. A video inspection was initially performed on July 19, 2023 and showed signs of pipeline failure for the segment located from Rose Street to the outfall at Front Street. A subsequent pipeline cleaning and re-inspection was performed on August 16, 2023. The results of the video showed signs of pipeline failure extended to Hartz Avenue. Because of the pipeline material and condition, rehabilitation of the pipeline is infeasible and must be replaced. Informal bids were received by local contractors in early September. The lowest responsive bidder was Gradetech Inc. of Livermore, California at $300,200. Bid results are summarized in Attachment C. Construction is expected to begin in early October 2023. Emergency projects are exempt from the requirements of the California Environmental Authorizing Emergency Storm 2 October 3, 2023 Drain Replacement CIP No. A-330 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 of the location and depth of the existing storm drain pipeline, East Linda Mesa will be closed to traffic in both directions. The project will be phased to close the section from Front Street to Rose Street first, followed by closure from Rose Street to Hartz Avenue. Appropriate construction and detour signs will be posted together with the Town’s standard construction advisory sign to inform the public. The Town would 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. FISCAL IMPACT The bid amount of $300,200 plus a 30% contingency of $90,060 results in a total construction budget of $390,260. An appropriation of $260,000 will be required from CIP General Purpose Revenue in order to fully fund the project. RECOMMENDATION Adopt Resolution No. 69-2023, authorizing an Emergency Storm Drain Replacement contract pursuant to California Public Contract Code Sections 20168 and 22050 and appropriating additional funding for Town-wide Storm Drain System Management, CIP Project A-330. Authorizing Emergency Storm 3 October 3, 2023 Drain Replacement CIP No. A-330 Prepared by: Steven Jones, P.E. City Engineer Reviewed by: Diane J. Friedmann Development Services Director Attachments: A – Resolution No. 69-2023 B – CIP Pages No. A-330 C – Bid Results Summary RESOLUTION NO. 69-2023 AUTHORIZING AN EMERGENCY STORM DRAIN REPLACEMENT CONTRACT PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050 AND APPROPRIATING ADDITIONAL FUNDING FOR TOWN-WIDE STORM DRAIN SYSTEM MANAGEMENT, CIP PROJECT A-330 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 2023/24 Capital Improvement Program; and WHEREAS, the Town solicited informal bids from local contractors because the formal competitive bidding process would have delayed immediate action; and WHEREAS, the lowest responsive bidder is Gradetech Inc. of Livermore, California, at $300,200 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 storm drainage pipeline replacement on East Linda Mesa 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 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 DocuSign Envelope ID: E20CAFB1-5F9A-45B5-8C23-E6D56C65F575 ATTACHMENT A PAGE 2 OF RESOLUTION NO. 69-2023 RESOLVED, by the Danville Town Council, that $260,000, in CIP General Purpose Revenue be appropriated in Fiscal Year 2023/24 for CIP No. A-330 to fund the construction of the project; and, be it further RESOLVED, by the Danville Town Council, that the Town award a construction contract for the Emergency Storm Drainage Pipeline as part of Town-wide Storm Drain System Management, CIP No. A-330 to Gradetech Inc. of Livermore, 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 Gradetech Inc. of Livermore, California for $300,200 and authorize use of a 30% contingency amount of $90,060 for a total construction budget $390,260 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 October 3, 2023, by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK DocuSign Envelope ID: E20CAFB1-5F9A-45B5-8C23-E6D56C65F575 Projects TOWN-WIDE STORM DRAIN SYSTEM MANAGEMENT PROJECT DESCRIPTION AND LOCATION: DESCRIPTION OF MODIFICATIONS: Updated description. RATIONALE FOR PROPOSED PROJECT: Maintenance of the existing storm drain system is needed on an ongoing basis. 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 This project provides for ongoing capital replacement and maintenance of the Town-wide drainage system. Project includes drainage improvements and maintenance for areas identified in the Storm Drainage Master Plan. 2020/21 Perform a condition assessment and develop a Storm Drainage Master Plan 2022/23 Elsie Drive Storm Drain Replacement (Complete) Greenbrook Drive Storm Drain Repair (Complete) 2023/24 Diablo Road Culvert Replacement (Complete) Future Projects: Vista Grande Drainage Improvements Lomitas Drive Storm Drain Replacement Van Patten Drainage Improvements Stetson Drive Drainage Improvements 9/27/2023PRINTED ON: CIP No:A-330 STATUS:In Design PRIORITY:1/2 Ongoing PROJECT MANAGER:SJ GREEN PROJECT:Yes 2023/24Prior Years 2024/25 2025/26 2026/27 2027/28 TotalExpenditure Category Design/Plan Review $0 $0 $0 $0$236,742 $236,742$0 Construction $50,000 $50,000 $50,000 $50,000$3,690,714 $3,920,714$30,000 Inspection & Admin.$0 $0 $0 $0$34,979 $34,979$0 Transfer $0 $0 $0 $0($165,000)($165,000)$0 $3,797,435 $30,000 $50,000 $50,000 $50,000 $50,000 $4,027,435Total Cost Estimate: $3,329,511Total Expenditure: Unexpended: $632,924 on 03-30-2023 2023/24Prior Years 2024/25 2025/26 2026/27 2027/28 TotalFunding Source(s) CIP Gen Purpose Rev $3,061,305 $25,000 $45,000 $45,000 $45,000 $3,266,305$45,000 Cleanwater Program $653,000 $5,000 $5,000 $5,000 $5,000 $678,000$5,000 Developer Contribution $83,130 $0 $0 $0 $0 $83,130$0 $3,797,435 $30,000 $50,000 $50,000 $50,000 $50,000 $4,027,435Total Funding: www.danville.ca.govCIP32 ATTACHMENT B INFORMAL BID RESULTS SUMMARY East Linda Mesa Storm Drain Replacement – CIPA-330 Week of September 18, 2023 Teichert Construction $300,200 Freethy Excavating $403,000 Teichert Construction $525,000 ATTACHMENT C