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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