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Staff ReportMEETING DATE: 06/16/15 ITEM NO: gg COUNCIL AGENDA REPORT I i 1ps GATOSs� DATE: JUNE 4, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MANAGER SUBJECT: PPW JOB NO. 14- 815 -9930 RETAINING WALL REPAIRS — JACKSON STREET (FY14- 815 -9930) STAFF RECOMMENDS THAT THE TOWN COUNCIL: A. APPROVE PLANS AND SPECIFICATIONS FOR RETAINING WALL REPAIRS - JACKSON STREET AND AUTHORIZE THE TOWN TO ADVERTISE THE PROJECT FOR BID. B. AUTHORIZE THE TOWN MANAGER TO AWARD AND EXECUTE A CONSTRUCTION AGREEMENT IN AN AMOUNT NOT TO EXCEED A TOTAL BUDGETED AMOUNT OF $648,584, INCLUDING CONTINGENCIES AND ANY CHANGE ORDERS. C. AUTHORIZE A BUDGET ADJUSTMENT OF $97,945 FROM THE GUARDRAIL REPLACEMENT PROJECT, $33,000 FROM THE EQUIPMENT REPLACEMENT FUND AND $100,000 FROM THE GENERAL FUND APPROPRIATED RESERVE (GFAR) FUND BALANCE TO PROJECT 411- 812 -0120 RETAINING WALL REPAIRS — JACKSON STREET. RECOMMENDATION: Staff recommends that the Town Council: l) Approve plans and specifications for Retaining Wall Repairs — Jackson Street and authorize the Town to advertise the project for bid. 2) Authorize the Town Manager to award and execute a construction agreement in an amount not to exceed a total budgeted amount of $648,584, including contingencies and any change orders. 3) Authorize a budget adjustment of $97,945 from the Guardrail Replacement Project 411 -812 - 0120, $33,000 from the Equipment Replacement Fund, and $100,000 from the General Fund Appropriated Reserve (GFAR) fund balance to Retaining Wall Repairs — Jackson Street Project 411- 815 -0801. PREPARED BY: MATT MORLEY Director of Parks an wulic orks Reviewed by: Assistant Town Manager Town Attorney PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 14- 815 -9930 RETAINING WALL REPAIRS — JACKSON STREET (FY14 -815 -9930) JUNE 4, 2015 BACKGROUND: The Town's adopted FY 2014/15- 2018/19 Capital Improvement Program (CIP) Budget designates funding for infrastructure construction projects. This is consistent with the Town's goals to improve public safety and improve the quality of Town parks, streets, and facilities. At the January 21, 2014 Town Council meeting, Council approved plans and specifications and bidding of PPW Job #13 -28, Retaining Wall Repair and Replacement Project. This project included the replacement of retaining walls along Hicks Road, Jackson Street, and Phillips Avenue. The Jackson Street retaining wall replacements included a large retaining wall on Jackson Street to the south of Oak Hill Way, adjacent to a creek. Permits from the Army Corp of Engineers, California Department of Fish and Wildlife, and the California State Water Resources Control Board were required prior to construction of the Jackson Street retaining wall because the wall is adjacent to a creek. These environmental permitting agencies restrict construction adjacent to creeks to the dry season between April 15`h and October 15`h. Both the Water Board and Army Corps were unable to issue the permits to the Town within a timeframe that would allow construction within the dry season, so the Town removed this retaining wall from the approved project in 2014. The Town Council previously approved the design at the January 21, 2014 Town Council meeting. DISCUSSION The Town has now obtained all environmental permits required to proceed with the reconstruction of the Jackson Street retaining wall. Following several rain events over the winter months, Town staff observed that the retaining wall began to deteriorate at an accelerated rate. The retaining wall is constructed with wood lagging (boards) that is breaking away from the existing posts. The posts themselves are failing and the roadway has started visibly collapsing towards the creek. The new retaining wall will be constructed with steel beams and pressure - treated lumber. A new guardrail will be installed along with the retaining wall and is proposed to be funded with the budget adjustment from the Guardrail Replacement Project as part of this item. Based on concern regarding the wall's stability and the inability to obtain the required final permits from two of the permitting agencies to allow the needed construction, staff requested a review of the retaining wall by a geotechnical firm, Amec Foster Wheeler. The firm's geotechnical engineer provided an e -mail to the Town stating the retaining wall was actively failing and the Town should restrict traffic to one -way traffic past the wall to keep traffic loads out of the zone which is actively failing. This restriction on the travel way is now in place. The e -mail from the geotechnical firm helped the Town to expedite receipt of the final two required environmental permits from the Army Corp of Engineers and the Water Board. Due to the concern expressed in the geotechnical engineer's review of the failing retaining wall, it is essential that the Town move forward with the reconstruction of the Jackson Street retaining PAGE MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 14- 815 -9930 RETAINING WALL REPAIRS — JACKSON STREET (FY14- 815 -9930) JUNE 4, 2015 DISCUSSION (cont'd): wall this summer, during the allowable construction period stipulated by the environmental permits and prior to any further rain events. Additional rain will increase the likelihood of the retaining wall failing. Staff views the reconstruction of this project as a life safety issue. In addition to life safety concerns from the failure of this wall, the Town could be liable for fines from the permitting agencies for environmental damage caused by failing of the wall into the creek. The existing capital budget for this project is $417,639. The engineer's estimate for this project is $563,986, which exceeds the allocated budget. This cost increase is largely due to further damage to the wall from passage of time and strict construction requirements from the permitting agencies. Staff recommends funding the difference through three sources, $100,000 in General Fund Appropriated Reserve (GFAR) fund balance which will be replaced in FY 2015/16 with an corresponding increase in vehicle impact fee revenues, $97,945 from the Town's Guardrail Replacement project, and a transfer of $33,000 from the equipment replacement fund. Complete project funding is outlined in the fiscal section below. Plans and specifications for this project are complete and will be available for review on the Town website at www.LosGatosCA.aov /CIP and at the Parks and Public Works Engineering Department the Friday before the Town Council meeting. CONCLUSION Staff recommends that the Town Council: 1. Approve plans and specifications for Retaining Wall Repairs — Jackson Street and authorize the Town to advertise the project for bid. 2. Authorize the Town Manager to award and execute a construction agreement in an amount not to exceed a total budgeted amount of $648,584, which includes 15% contingencies and any change orders. 3. Authorize a budget adjustment of $97,945 from the Guardrail Replacement Project 411 -812- 0120, $33,000 from the Equipment Replacement Fund, and $100,000 from the General Fund Appropriated Reserve (GFAR) fund balance to Retaining Wall Repairs — Jackson Street Project 411- 815 -0801. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA and is Categorically Exempt [Section 15301(c) Existing streets, sidewalks, trails and similar facilities]. A Notice of Exemption has been filed. COORDINATION: This project has been coordinated with the Finance Department. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 14- 815 -9930 RETAINING WALL REPAIRS — JACKSON STREET (FY14- 815 -9930) JUNE 4, 2015 ALTERNATIVE: Council could consider the following alternative: Alternative: Request staff to return to Council once bids are received for Council to award the project to the lowest responsive bidder. Staff is not recommending this alternative as it will substantially delay the start of construction, potentially conflict with the allowed construction timeframe, and possibly result in the wall failing before construction on the wall can begin. The bid opening is scheduled for July 10, 2015 to meet Town requirements on bid time frames and to allow for bidder outreach. This alternative would require a return to Council in August and is unnecessary as award of the bid to the lowest responsive bidder is required by the California Public Contract Code and is non - discretionary. This alternative would push the construction period for the retaining wall outside of the required environmental permit construction period of April 15th to October 15th, thereby requiring construction of the project after April 15, 2016. The project is expected to take six weeks to complete. For the reasons stated above, staff is not recommending the alternative. FISCAL IMPACT: To meet the funding requirement for this wall additional funding will be secured from FY 2014/15 GFAR fund balance (to be restored in FY 2015/16 with a corresponding increase in vehicle impact fee revenues) and the Town's Equipment Replacement Fund, as these funds were most available for this emergency repair work. Additionally, a budget adjustment from the Town's Guardrail Replacement Project is requested. There will be sufficient funds available for this project with the proposed budget adjustment through the Town's adopted FY 2014/15 — 2018/19 Capital Improvement Program Budget as demonstrated in the fiscal table below. Budget 411-815-9903-GFAR Retaining, Wall Repairs 411 -812 -0120 Guardrail Replacement Project GFAR Fund Balance Equipment Roacement Fund TOTALS $ 4 Construction 15% Contingency TOTALS Encumbered Budget $ - $ 23 Contract $417 $ 648,584 $0