REPORT TO COUNCIL
SUBJECT
Title
Urgency Declaration and Action to Approve Expenditures of $563,103 and Ratify an Agreement with C2R Engineering for the Emergency Pavement Repair Project on Las Palmas Drive, Loyola Drive, Buchanan Drive, and Encina Way
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City’s Water & Sewer Utilities Department (Department) maintains a potable water distribution system consisting of approximately 335 miles of distribution pipelines, 21 active groundwater wells, and 7 storage tanks totaling 28.8 million gallons (MG) of storage. To provide the highest level of services to its customers, the Department implements an ongoing program to replace aging water infrastructure. In the past year, City Water crews installed just over 10,000 linear feet (LF), to achieve the Department goal for the program.
Following the completion of the Water and Sewer Utilities Department’s work, temporary pavement is typically installed until permanent pavement repairs can be scheduled by the Streets Division of the Department of Public Works (DPW). Temporary pavement is used as a short-term measure until permanent pavement is installed. Over a short period of time, temporary pavement deteriorates, especially when it is in place for periods exceeding 90 days or in wet weather conditions.
Most recently, staff replaced the aging water mains along Las Palmas Drive, Loyola Drive, Buchanan Drive, and Encina Way (collectively, Project Limits) with new ductile iron water main pipes. The roadways within the Project Limits see frequent traffic from vehicles, bicycles, and pedestrians. Las Palmas Drive and Buchanan Drive, connect directly from El Camino Real to Benton Street, both major thoroughfares through the City and toward Central Park and Santa Clara High School.
DISCUSSION
Temporary pavement was installed within the Project Limits per the normal procedure. However, due to the increased volume of water main installations, conflicts with seasonal commitments, staffing vacancies, and the large amount of trench repair being turned over for final pavement at the same time, DPW was not able to schedule permanent pavement repairs within the required timeframes. Although City Water crews continually maintained the temporary pavement, the scope and rate of deterioration exceeded staff’s ability to maintain the sites and the wet weather conditions experienced during the fall and winter seasons further deteriorated the temporary pavement sites.
The Department received complaints from the community about safety concerns within the Project Limits for vehicles, bicycles, and pedestrians to navigate safely. At the end of 2023, the temporary pavement within the Project Limits had been in place for 220 days. The prolonged presence of temporary pavement was significantly deteriorated, leading to uneven surfaces and abrupt changes in grade. This deterioration posed a potential serious and an immediate threat to the safety of residents and their property.
To mitigate the emergency, staff directly solicited bids on February 2, 2024 from three companies to perform the Emergency Pavement Repair Project at Las Palmas Drive, Loyola Drive, Buchanan Drive, and Encina Way. Three bids were received on February 16, 2024, with the following results:
|
Contractor |
Total Bid |
|
C2R Engineering |
$467,875 |
|
West Valley Construction Company |
$489,920 |
|
O’Grady Paving, Inc. |
$597,515 |
On February 16, 2024, the City awarded the work to C2R Engineering, Inc. as the lowest responsive and responsible bidder. The City issued a purchase order for the emergency pavement repair on February 28, 2024 (Attachment 3). C2R Engineering, Inc. satisfactorily completed the repairs on April 11, 2024. The final cost of the repair was $536,103 which includes a change order of $68,228 to accommodate the actual quantities measured in the field after placement of pavement.
Given the threat to public health and safety, staff recommends that the City Council deem the Emergency Pavement Repair Project at Las Palmas Drive, Loyola Drive, Buchanan Drive, and Encina Way as an “urgent necessity” under section 1310 of the City Charter, which allows for the letting of public works contracts “without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and [the contract] shall be authorized by motion passed by at least four affirmative votes and containing a declaration of the facts constituting such urgency.”
City Charter Section 1310 also requires that the City Council make a declaration of the basis for the “urgent necessity” for foregoing the standard public works bidding process. This report constitutes the declaration required by that section and requests Council approval to expend the funds and ratify the agreement with C2R Engineering, Inc. for the urgent repair.
For the Council’s information, street replacement and repair qualify as a “public works” contract subject to the Charter provisions above. A separate agenda item concerns the emergency repair and replacement of water pumps at the Lick Mill storm drain pump station. Equipment repair and replacement do not qualify as “public works,” and so instead of utilizing the “urgent necessity” provisions of the Charter, that item provides a “post-emergency report” to the Council pursuant to the procurement ordinance.
ENVIRONMENTAL REVIEW
The actions being considered are subject to a statutory exemption from the California Environmental Quality Act (“CEQA”) pursuant to California Public Resources Code section 21080(b), because they involve urgent repairs to public service facilities necessary to maintain service.
FISCAL IMPACT
The total cost of the pavement repair was $536,103. There are sufficient funds in the Distribution System Replacement and Restoration project in the Water Utility Capital Fund to cover all repairs and related costs.
COORDINATION
This report has been coordinated with the Finance Department, the Department of Public Works, and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Deem the Emergency Pavement Repair Project at Las Palmas Drive, Loyola Drive, Buchanan Drive, and Encina Way an urgent necessity under section 1310 of the City Charter, because these roadways encounter frequent vehicular, bicycle, and pedestrian traffic and further delay in permanent repairs to the pavement along these streets would pose public health consequences and a threat to safety of residents and property, and ratify the agreement with C2R Engineering in the amount of $467,875 plus change orders in the amount of $68,228 for a total not-to-exceed amount of $536,103.
Staff
Reviewed by: Gary Welling, Director, Water and Sewer Utilities
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Map of the Emergency Pavement Repair Project at Las Palmas Drive, Loyola Drive, Buchanan Drive, and Encina Way
2. Purchase Order Agreement