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Home My WebLink About121923-05.14ADMINISTRATIVE STAFF REPORT 5.14 TO: Mayor and Town Council December 19, 2023 SUBJECT: Resolution No. 94-2023, approving a Notice of Completion for the East Linda Mesa Avenue Emergency Storm Drain Replacement Project, CIP No. A-330 The East Linda Mesa Avenue Emergency Storm Drain Replacement Project, CIP No. A-330 was located on East Linda Mesa Avenue between Hartz Avenue and Front Street. The Emergency Storm Drain Replacement Project consisted of replacing an 18 -inch diameter storm drainage pipeline compromised by a series of atmospheric rivers that hit the San Francisco Bay Area starting on December 31, 2022, through January 2023. DISCUSSION The project is now complete and ready for acceptance by the Town. All work was performed in accordance with the approved plans and specifications. The original contract amount of $300,200 was increased by $37,652 as a result of one contract change order. The change order consisted of a bid item adjustment and removal of 10 -inch - thick asphalt to install the storm drainpipe. The final contract amount of $337,852 (contract plus change orders) is within the authorized construction budget for this project. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. RECOMMENDATION Adopt Resolution No. 94-2023, approving a Notice of Completion for the East Linda Mesa Avenue Emergency Storm Drain Replacement Project, CIP No. A-330 Prepared by: Guillermo G. Santolaya Civil Engineering Associate Reviewed by: Diane J. Friedmann Development Services Director Attachments: A - Resolution No. 94-2023 B - Notice of Completion C - Resolution No. 69-2023 Notice of Completion 2 December 19, 2023 East Linda Mesa Emergency Storm Drain Replacement Project, CIP No. A-330 DocuSign Envelope ID: B69B5BAD-1 1 BF-4067-A252-2F637A52E371 RESOLUTION NO. 94-2023 APPROVING A NOTICE OF COMPLETION FOR THE EAST LINDA MESA AVENUE EMERGENCY STORM DRAIN REPLACEMENT PROJECT, CIP NO. A-330 WHEREAS, on October 3, 2023, the Town of Danville awarded a construction contract to Grade Tech, Inc., for the East Linda Mesa Avenue Emergency Storm Drain Replacement Project, CIP No. A-330 WHEREAS, the City Engineer has determined that the work under this project has been completed as of October 26, 2023, in accordance with the plans and specifications thereof; and WHEREAS, California Civil Code section 9204 specifies the requirements for recordation of a Notice of Completion; and WHEREAS, not less than thirty days (30) nor more than forty-five (45) days after a Notice of Completion is recorded the Town must release all undisputed retention payments to the contractor; now, therefore, be it RESOLVED, by the Danville Town Council that said work by and with Grade Tech, Inc., is hereby accepted as complete; and, be it further RESOLVED, that the City Clerk is hereby authorized and directed to file with the County Recorder of the County of Contra Costa, a Notice of Completion for said project within fifteen (15) days from the date hereof: and, be it further RESOLVED, that undisputed retention payments be released in accordance with Sections 8812 and 9356 of the California Civil Code. APPROVED by the Danville Town Council at a regular meeting on December 19, 2023, by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: E DocuSigned by, A. EwZ01 P- 40ADBF"4BF CITY ATTORNEY CITY CLERK ATTACHMENT A RECORDING REQUESTED BY: Town of Danville 500 La Gonda Way Danville, CA 94526 Town of Danville City Clerk's Office 500 La Gonda Way Danville, CA 94526 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN PURSUANT TO SECTION 9204 OF THE CALIFORNIA CIVIL CODE: That on the 3rd day of October 2023, the Town of Danville ("Owner"), a public entity in the State of California, did award a construction contract to "Contractor": Owner: Town of Danville 500 La Gonda Way Danville, CA 94526 for certain public improvement work: to wit, Contractor: Grade Tech, Inc. 299 W Jack London Blvd Livermore, Ca 94551 East Linda Mesa Avenue Emergency Storm Drain Replacement Project, CIP No. A-330 Located at: East Linda Mesa Avenue between Hartz Avenue and Front Street. All work as described in the above named Contract between the above named Contractor and the Town of Danville has been completed on October 26, 2023 in accordance with plans and specifications. I verify, under penalty of perjury, that the foregoing is true and correct. Signed Steven D. Jones, City Engineer RCE #69367 Town of Danville Date t N0.639367 dF' CA .X ATTACHMENT B DocuSign Envelope ID: E20CAFB1-5F9A-45B5-8C23-E6D56C65F575 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 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•Arnerich, Morgan, Stepper, Storer NOES: None ABSTAINED: None ABSENT: Fong APPROVED AS TO FORM: rR DocuSignjDe�d by: CITY ATTORNEY DocuSigned by: _ MAYOR ATTEST: DocuSi ned by: Gnn�nno CITY CLERK PAGE 2 OF RESOLUTION NO. 69-2023