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AGENDA BILL Agenda Item No. 7(A) Date: March 18, 2014 To: El Cerrito City Council From: Maria Sanders, Community Development, Environmental Analyst Yvetteh Ortiz, Interim Public Works Director/City Engineer Melanie Mintz, Interim Community Development Director Subject: Provide Update and Execute a Contract with Bay Construction Company for the Ohlone Greenway Natural Area and Rain Garden Project, City Project No. C-3067-1 ACTION REQUESTED Adopt a resolution for the following: 1) Approve plans for the Ohlone Greenway Natural Area and Rain Garden Project, City Project No. C-3067-1; 2) Accept all submitted bids; 3) Authorize the City Manager to execute a contract with Bay Construction Company in an amount not to exceed $592,918.32 to construct the Ohlone Greenway Natural Area and Rain Garden Project and authorizing contract amendments not to exceed $59,292. BACKGROUND Project Concept: On June 21, 2010, the City Council adopted Resolution 2010-33 approving the submittal of an Urban Greening Grant application to the California Strategic Growth Council for the Ohlone Greenway Natural Area and Rain Garden (hereafter referred to as the “Project”). On January 18, 2011, the Strategic Growth Council notified the City that it had been awarded $903,721 to implement the Project. It was one of 23 awards made by the State out of a pool of 140 applications. The Urban Greening Grant Program is funded through the Safe Drinking Water, Water Quality and Supply, Flood Control and Coastal Protection Bond Act of 2006 (Proposition 84). The goal of the Urban Greening Grant Program is to enhance urban green areas, with priority given to projects that promote infill development, increase investment in existing communities, enhance environmental and recreational resources, and encourage location/ resource-efficient development. The Project includes improvements along the Ohlone Greenway from Fairmount Avenue to Brighton Avenue in Albany. The purpose of the Project is to enhance environmental quality and community amenities, while fostering a connection to nature ---PAGE BREAK--- Agenda Item No. 7(A) Page 2 in this busy, dense location adjacent to neighborhoods, schools, retail, transit and future Transit-Oriented Development infill development. It also intends to create a landmark gateway along this busy intersection between Fairmount Avenue, the Ohlone Greenway, and the El Cerrito Plaza BART station. Elements of the project include treating urban storm water runoff; creating an informal exploration, nature play and plaza area; improving walkability and accessibility; utilizing and demonstrating low-maintenance, low water-using, native landscaping; and improving riparian habitat and biodiversity. City staff has worked with BART and the City of Albany throughout the planning and design phases of the project. Specifically, the Project includes a rain garden to treat urban storm water runoff from Fairmount Avenue and some surrounding residential streets; community gathering areas and natural elements such as redwood stumps, boulders and hillocks to encourage informal play; low-maintenance, drought tolerant native landscaping; low-water using drip irrigation; riparian habitat plantings and creekside improvements; and pedestrian/ bicycle amenities such as way-finding /interpretive signage, trash receptacles and bike racks. In order to maintain consistency along this portion of the Greenway, the wayfinding signs will be placed in both the El Cerrito and Albany portions of the Greenway indicating destinations in both jurisdictions. The Project helps implement the vision and goals of the Ohlone Greenway Master Plan, adopted by Council June 15, 2009, including: • Establishing focal and recreational points of interest along the Greenway; • Providing better connections through the Greenway to commercial and civic areas; • Developing a more maintainable site; • Providing modern amenities; and • Increasing opportunities for stewardship and community involvement. Project Design, Value Engineering, and the Bidding Process: The grant application included a project concept. Upon receiving the grant, staff went through a competitive request for design services to further refine the Project design and develop construction documents. On February 6, 2011, City Council approved a resolution authorizing selection of The Planning Center/DC&E (recently renamed Placeworks) as the design consultant for the Project. Staff held two public meetings to receive community input on the project’s design on March 29 and June 6, 2012. Upon completion of the bid set, the City noticed and advertised the construction bid in the summer of 2013. Because the resulting bids (opened on July 3, 2013) came in over the Project budget, City Council adopted Resolution 2013-40 on August 20, 2013 rejecting all bids and authorizing the City to proceed with value-engineering measures to reduce the cost of the Project and then re-release the project for public bid. The subsequent value-engineering process maintained all elements of the Project that are integral to the vision and goals of both the grant application and the Ohlone Greenway Master Plan. This process resulted in the following: ---PAGE BREAK--- Agenda Item No. 7(A) Page 3 • Simplification of landscape and irrigation improvements in areas near the Project boundaries, including elimination of landscape improvements in Albany, as the new improvements installed by BART in these areas are adequate; and • Elimination of landscape and irrigation improvements in adjacent medians on Fairmount Avenue, as this work is now being included in pedestrian improvements covered by a regional One Bay Area Grant (OBAG) project grant awarded to the City (per Resolution 2013-29, June 18, 2013) for the Ohlone Greenway Station Area Access, Safety and Placemaking Improvements Project. While remaining a part of the grant scope, landscape and restoration improvements to the main fork of Cerrito Creek (at the El Cerrito/ Albany border) have been removed from the current construction contract, and deferred to a later installation. This has been done in order to better coordinate construction schedules with improvements related to the adjacent Creekside Walk Apartments project, as that project involves daylighting of Cerrito Creek and will thus require close coordination. The City’s project timeline has been extended to March 2015 to accommodate this coordination. A portion of the grant budget has been reserved for any creek-related work that will not be covered by the Creekside Walk project. If awarded tonight, it is estimated that construction of the Project will begin in May 2014 and be completed before the end of the summer. Construction may include temporary and relatively brief closures of that section of the Greenway. The contractor in consultation with Public Works Staff will coordinate detours and access through the Project area. ANALYSIS The Notice Inviting Bids for the Project was advertised in the West County Times on January 27 and February 3, 2014. Notices were mailed directly to several plan rooms and to all contractors on our bidders list, including those that previously bid on this project in July of 2013. In addition to a Base Bid, the bid request asked for two bid alternatives. Bid Alternative A is for a stairway to the El Cerrito Plaza shopping center. This improvement would be constructed on City property but connect to the shopping center parking lot and is therefore contingent upon agreement with the shopping center owners regarding the improvement and installation of related minor signing and pavement striping on their property to improve pedestrian safety from the stairs. Bid Alternative B is for integral color for a special sidewalk treatment. It was included as an alternative since the cost of this feature varied widely and it is not an important element of the overall project. Four bids were received on March 6, 2014 with the following results: Company Base Bid Alternative A Stairway Alternative B Concrete Color Bay Construction, Inc. $563,918.32 $29,000.00 $10,000.00 W.R. Forde, Inc. $636,773.70 $25,000.00 $4,000.00 ---PAGE BREAK--- Agenda Item No. 7(A) Page 4 Empire Landscaping $643,661.55 $35,000.00 $25,000.00 Dominguez Landscaping $684,419.57 $71,750.00 $4,380.00 Engineer’s Estimate $503,810.65 to $554,191.72 $25,000 to $27,500.00 $5,000 to $5,500.00 As specified in the bid documents, the low bid is determined by the amount of the Base Bid. The lowest responsive, responsible bidder is Bay Construction, Inc of Oakland with a Base Bid of $563,918.32, which is approximately 102% over the upper end of the Engineer’s Estimate. Given available Project funding, Alternative A in the amount of $29,000 (105% over the upper end of the Engineer’s Estimate) can be awarded. Community Development staff has been in contact with the El Cerrito Plaza shopping center owners on the construction of the stairway and related improvements. Any changes to the stairway improvements, including elimination from the scope, would be through the issuance of a contract change order after award of the project. The stairway improvements could be pursued at a later date if necessary. Based on these results, staff recommends award of the construction contract to Bay Construction, Inc. in the amount of $592,918.32 for the Base Bid plus Bid Alternative A. A ten percent construction contingency of $59,292 is also recommended for the Project. FINANCIAL CONSIDERATIONS The Project is included in the City’s adopted Capital Improvement Program. The Project is funded by the Proposition 84 Grant in the amount of $903,721. There are no matching funds required for this project although in-kind staff time is being provided. Project Budget Project Task Budget Project Mgmt, Engineering & Design $ 194,079 Construction Management & Special Inspections $ 37,432 Construction Contract $ 592,918 Construction Contingency $ 59,292 Cerrito Creek Landscaping Near Headwall $ 20,000 Grand Total $ 903,721 As shown in the Project Budget above, the budget includes $37,432 for construction management services. Another $20,000 has been reserved for deferred landscape improvements along Cerrito Creek as described above. ---PAGE BREAK--- Agenda Item No. 7(A) ENVIRONMENTAL CONSIDERATIONS The City completed an Initial Study and Negative Declaration (per CEQA Guidelines Section 15063) to evaluate the cumulative impacts of the improvements identified for the Greenway in the Ohlone Greenway Master Plan. The Ohlone Greenway Natural Area and Rain Garden project is consistent with the Master Plan and will not have a significant effect on the environment. Reviewed by: Scott Hanin, City Manager Attachments: 1. Accompanying Resolution Page 5 ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 1 RESOLUTION 2014-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING PLANS FOR THE OHLONE GREENWAY NATURAL AREA AND RAIN GARDEN PROJECT C3067-1; ACCEPTING ALL SUBMITTED BIDS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BAY CONSTRUCTION COMPANY IN AN AMOUNT NOT TO EXCEED $592,918.32 AND TO APPROVE CHANGE ORDERS IN AN ADDITIONAL AMOUNT NOT TO EXCEED $59,292 TO CONSTRUCT THE PROJECT WHEREAS, the City applied for and received a $903,721 Proposition 84 Urban Greening Grant to design and construct the Ohlone Greenway Natural Area and Rain Garden project; and WHEREAS, City Council selected the Planning Center/DC&E to design and develop construction drawings for the project; and WHEREAS, the project was first advertised for bids on June 10, 2013 and on June 17, 2013 and three bids were received on July 3, 2013; and WHEREAS, on August 20, 2013 the City Council authorized City Staff to reject the submitted bids since they were above the project budget, and further authorized City Staff to proceed with value engineering measures and to re-advertise the project for public bid; and WHEREAS, the project was re-advertised for bids on January 27, 2014 and on February 3, 2014 and 4 bids were received on March 6, 2014; and WHEREAS, Bay Construction Company was deemed the lowest responsible bidder; WHEREAS, the City completed an Initial Study and Negative Declaration (per CEQA Guidelines Section 15063) to evaluate the cumulative impacts of the improvements identified for the Greenway in the Ohlone Greenway Master Plan. The Ohlone Greenway Natural Area and Rain Garden project is consistent with the Master Plan and will not have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito: 1) Approves plans for the Ohlone Greenway Natural Area and Rain Garden Project, City Project No. C-3067-1; 2) Accepts all submitted bids; 3) Authorizes the City Manager to execute a contract with Bay Construction Company in an amount not to exceed $592,918.32 and to approve change orders in an additional amount not to exceed $59,292 to construct the Ohlone Greenway Natural Area and Rain Garden Project. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon passage and adoption. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 1 I CERTIFY that at a regular meeting on March 18, 2014 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on March XX, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor