HomeMy WebLinkAboutPW Storm Damage Repair at 70 Irwin Street____________________________________________________________________________________
FOR CITY CLERK ONLY
File No. 4-1-729
Council Meeting: 10/07/2019
Disposition: Resolution 14728
Agenda Item No: 4.e
Meeting Date: October 7, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: _________
TOPIC: 2017 STORM DAMAGE REPAIR AT 70 IRWIN STREET
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
CHANGE ORDER WITH VALENTINE CORPORATION, ALLOCATING AN
ADDITIONAL $250,000 IN CONSTRUCTION FUNDING, AND EXPANDING THE
SCOPE OF WORK TO INSTALL NEW DRAINAGE FACILITIES IN SUPPORT OF THE
REPAIR OF 2017 STORM DAMAGE AT 70 IRWIN STREET, PROJECT NUMBER
11308.
RECOMMENDATION: Adopt a resolution authorizing the city manager to execute a contract change
order with Valentine Corporation, allocating an additional $250,000 in construction funding and expanding
the scope of work with Valentine Corporation to install additional drainage facilities in conjunction with
the 2017 Storm Damage Repair at 70 Irwin Street.
BACKGROUND: In January 2017, the City of San Rafael experienced a significant storm event resulting
in a landslide at 70 Irwin Street. This landslide affected the entire roadway of Irwin Street, resulting in its
closure to the public in the spring of 2017 due to safety concerns.
On February 14, 2017, the President of the United States approved a major disaster declaration for
California to aid local recovery efforts in the areas affected by severe winter storms, flooding, and
mudslides. Federal disaster assistance was made available through the Federal Emergency
Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES) to
local cities, including San Rafael.
To repair the damage and prevent future landslides, the Public Works Engineering Division designed a
retaining wall system to stabilize the portion of the impacted hillside.
On September 4, 2018, the City Council awarded a construction contract to Valentine Corporation in the
amount of $1,129,369 with a construction contingency of $115,631, to repair the landslide, including the
installation of drilled concrete piles and a concrete wall system with tiebacks, as well as grading and
drainage on both sides of the wall. During construction, unforeseen site conditions required additional
remediation work, necessitating an increase of $65,000 in the project budget, which the City Council
authorized on December 17, 2018.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Irwin Street was re-opened to the public on July 5, 2019 following completion of this complex construction
project.
ANALYSIS: Upon completion of the originally proposed project, City staff and a third-party geotechnical
engineer evaluated the project site and determined that additional upstream and downstream storm drain
facilities should be placed to channel surface water away from the recently completed repairs at 70 Irwin
Street. Though these improvements were not necessary to reconstruct the street after the 2017 landslide,
installing these additional drainage improvements will provide additional protection to neighbors and the
City right of way on Irwin Street and ensure that runoff remains on the uphill side of the road during severe
storm events. Staff recommends that the City issue a contract change-order to Valentine Corporation
versus opening this project to a competitive bidding, allowing staff to expand the original scope of work
to include installation of a concrete V-ditch and asphalt berm on Irwin Street between Rose Lane and 90
Irwin Street in order to complete the additional work in the most expeditious and seamless manner and
ensure the work is completed before the onset of the winter storm season.
An additional benefit of incorporating this work into the original contract is the potential to seek
reimbursement from FEMA. Although it is not guaranteed, the continuation of the contract with Valentine
Corporation would significantly increase the chances of reimbursement from FEMA because the
additional work would still be considered as part of the original repair to the storm related damage that
occurred in 2017. However, if the City were to open this additional construction work to competitive
bidding, the chance of obtaining reimbursement from FEMA would be highly unlikely as it would be
considered a new project, unrelated to the storm damage of 2017. There is a possibility that a competitive
tender may lead to a slightly lower bid, but the higher likelihood of being reimbursed from FEMA would
offset any potential savings that may or may not be realized through a competitive bid. Staff recommends
that these factors justify a waiver of competitive bidding for this additional work under San Rafael
Municipal Code section 11.50.090(B). Therefore, City staff recommends continuing with Valentine
Corporation to repair the storm damage at 70 Irwin Street.
FISCAL IMPACT: Funding for this additional drainage work is available in the Gas Tax Fund
(fund no. 206). To date, the City has been reimbursed $710,694 in FEMA/Cal OES funding to offset a
portion of the $1,309,394 spent on repairs at 70 Irwin Street. Staff continue to coordinate with FEMA/Cal
OES to seek reimbursement for the balance of funds expended following completion of the work. As this
additional work was not originally part of the project, it has not yet been determined if the City will be fully
reimbursed. Nonetheless, staff recommends installing these additional drainage improvements before
the onset of the winter season to provide additional protection to neighbors and the City right of way on
Irwin Street.
OPTIONS:
The City Council has the following options to consider relating to this matter:
1. Adopt the resolution as presented.
2. Do not adopt the resolution and direct staff to competitively bid the additional work. If this option
is chosen, the drainage work will likely not be completed until Spring 2020. Furthermore, the City
will significantly reduce the possibility of receiving FEMA/Cal OES reimbursement if the drainage
work is constructed independently of the original contract with Valentine Corporation.
3. Do not adopt the resolution and provide further direction to staff.
RECOMMENDED ACTION: Adopt a resolution authorizing an additional $250,000 in construction
funding and amendment of the construction agreement with Valentine Corporation to install new drainage
facilities in conjunction with the 2017 Storm Damage Repair at 70 Irwin Street.
ATTACHMENT:
1. Resolution
RESOLUTION NO. 14728
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT CHANGE
ORDER WITH VALENTINE CORPORATION, ALLOCATING AN ADDITIONAL $250,000 IN
CONSTRUCTION FUNDING, AND EXPANDING THE SCOPE OF WORK TO INSTALL NEW
DRAINAGE FACILITIES IN SUPPORT OF THE REPAIR OF 2017 STORM DAMAGE AT 70
IRWIN STREET, PROJECT NUMBER 11308.
WHEREAS, on the 27th day of June 2018, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids or proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on
file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of
said City did publicly open, examine, and declare all sealed bids or proposals for doing
the following work in said City, to wit:
“2017 Storm Damage Repair - #70 Irwin Street”
City Project No. 11308
in accordance with the plans and specifications therefore on file in the Department of
Public Works, 111 Morphew Street, San Rafael; and
WHEREAS , on September 4, 2018, the City Council of the City of San Rafael
awarded the construction contract to Valentine Corporation and authorized a
contingency in the amount of $115,631.00; and
WHEREAS, on December 17, 2018, the City Council of the City of San Rafael
authorized an additional $65,000.00 in construction contingency to cover unforeseen
site conditions; and
WHEREAS, staff recommends authorizing the city manager to execute a
contract change order to allocate an additional $250,000 in construction funding, and to
expand the scope of work to install new drainage facilities in conjunction with the 2017
Storm Damage Repair at 70 Irwin Street; and
WHEREAS, this project consists of making repairs to infrastructure damage
caused by the major 2017 storm event, and qualifies for assistance from the Federal
Emergency Management Agency (“FEMA”); and
WHEREAS, amending the existing construction contract with Valentine
Corporation to include the additional needed work and dispensing with formally bidding
this work will result in completion of the work in the most expeditious and seamless
manner and would significantly increase the chances of reimbursement from FEMA
because the additional work would still be considered as part of the original work to
repair the storm related damage that occurred in 2017;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The requirement of formal bidding is waived pursuant to San Rafael Municipal
Code section 11.50.090(B).
2. An additional construction funding in the amount of $250,000 shall be
appropriated for City Project No. 11308, from the Gas Tax Fund #206.
3. The Director of Public Works is hereby authorized to execute a Change Order to
the construction contract with Valentine Corporation for the 2017 Storm Damage
Repair at 70 Irwin Street to expand the scope of work to include the installation of
new drainage facilities.
4. The City Manager is hereby authorized to take any and all such actions and
make changes as may be necessary to accomplish the purpose of this
resolution.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 7th day of October 2019 by the following
vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
File No.: 16.11.46