Resolution No. XX-2023 1 of 3
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE A CONSTRUCTION CONTRACT WITH MCM CONSTRUCTION, INC. IN THE AMOUNT OF $11,966,203.00, ESTABLISH A 10% CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $1,196,620.30 AND EXECUTE FUTURE CHANGE ORDERS; (2) ESTABLISH A CONSTRUCTION BUDGET IN AN AMOUNT NOT TO EXCEED $13,162,823.30; (3) EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT AND MATERIAL TESTING WTH GHIRARDELLI ASSOCIATES IN THE AMOUNT OF $1,685,735.30, ESTABLISH A 10% CONTRACT CONTINGENCY IN THE AMOUNT OF $168,554,308.83, AND EXECUTE FUTURE CHANGE ORDERS FOR A NOT TO EXCEED AMOUNT OF $1,854,308.83; (4) EXECUTE CONTRACT AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC., FOR DESIGN SUPPORT DURING CONSTRUCTION IN THE AMOUNT OF $485,000.00 AND EXTEND
THE CONTRACT DURATION TO PROJECT COMPLETION, FOR A NOT TO EXCEED TOTAL CONTRACT AMOUNT OF $1,809,949.00 AND EXTEND THE CONTRACT; (5) APPROPRIATE $15,502.132.10, INCLUDING $836,632.10 IN CITY MATCHING FUNDS; AND (6) APPROVE A
TRANSFER FROM THE GENERAL FUND TO THE CAPITAL IMPROVEMENT FUND IN THE AMOUNT OF $836,632.10 FOR THE CITY MATCHING FUNDS; AND (7) EXECUTE A FUNDING
AGREEMENT WITH THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR THE UNIVERSITY AVENUE/101 PEDESTRIAN OVERCROSSING PROJECT
WHEREAS, the University Avenue/101 Pedestrian Overcrossing Project (Project) will improve the University Avenue at 101 interchange and provide a new pedestrian overcrossing; and WHEREAS, on September 2, 2014, the City Council adopted Resolution No. 4544, which authorized the City Manager to execute a design contract with URS Corporation (now known as AECOM), in an amount of $924,979, plus a contingency in the amount of $70,000, for a total not to exceed contract amount of $994,979; and
WHEREAS, on July 16, 2019, the City Council adopted Resolution No. 5153, which authorized the City Manager to execute the First Amendment with AECOM Technical Services, Inc., in the amount of $72,970, for a total not to exceed contract amount of to a not-to-exceed contract amount of $1,067,949; and
WHEREAS, on July 20, 2021, the City Council adopted Resolution No. 101-2021, which authorized the City Manager to execute the Second Amendment to the contract with AECOM Technical Services, in the amount of $257,000, to address Caltrans’ comments and perform additional work required to complete the Project design; and
WHEREAS, on March 1, 2022, the City Council adopted Resolution No.21-2022, approving the plans, specifications, and estimates (PS&E) of the Project and authorizing the City Manager to advertise the Project to solicit bids for construction of the Project; and WHEREAS, on January 13, 2023; the Project was advertised to solicit bids for construction; and
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WHEREAS, on March 9, 2023; the City received four sealed bids which were opened and read aloud by the City Clerk; and
WHEREAS, MCM Construction, Inc. submitted the lowest responsive and responsible bid in the amount of $11,969,320 and the City staff performed a bid analysis, verified qualifications; and bid requirements of Caltrans Local Assistance Manual; and
WHEREAS, the Project requires dedicated professional staff to administer the construction contract, perform inspections and materials testing, and prepare project documentation; and WHEREAS, city staff released an RFP and on May 11, 2022, the City received three proposals for construction management, inspection, and materials testing services from Ghirardelli Associates, Zoon Engineering, and CPM Associates; and
WHEREAS, an evaluation panel comprised of two persons from the City and one person from Caltrans reviewed the proposals and determined Ghirardelli Associates was the most qualified consulting firm to perform the work; and
WHEREAS, staff reviewed and negotiated the scope of work and associated cost of $1,685,735.50 for construction management, inspection, and materials testing for the Project; and WHEREAS, in order to assist with design related issues during the construction phase of the project, design support services are needed by AECOM Technical Services Inc. (AECOM), the designer of the project; and
WHEREAS, design support during construction is not currently included in the design contract with AECOM; and
WHEREAS, staff reviewed and negotiated the scope of work and associated cost of $485,000.00 for design support during construction; and WHEREAS, the project has a total of $14,665,700 in funds allocated towards the project including Measure A, Measure W, LPP, federal earmark and Stanford recreation mitigation grant funds; and
WHEREAS, the City is responsible to fill in the construction funding gap of $836,632.10 with capital funds; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY finds the foregoing recitals are true and correct and are incorporated by reference into this action and authorizes the City Manager to:
1. Award and execute a construction contract to and with MCM Construction, Inc. in the amount of $11,966,203.00 in a form approved by the City Attorney that:
a. Establishes a 10% construction contract contingency and execute future change orders in an amount not to exceed the appropriated contingency of $1,196,620.30; and b. Establishes a construction budget in an amount not to exceed $13,162,823.30; Resolution No. XX-2023 3 of 3
2. Execute a professional services agreement for Construction Management, Inspection, and Material Testing Services, in a form approved by the City Attorney, with Ghirardelli Associates, in an amount of $1,685,735.30 that provides for a 10% contingency and authorizes the execution of future change orders in the amount of $168,573.53 for a total construction management budget of $1,854,308.83;
3. Execute a Contract Amendment No. 3 to the Agreement with AECOM Technical Services, Inc., in a form approved by the City Attorney, in an amount of $485,000.00 for design support services during construction that extends the contract term until project completion, for a total amended contract not-to-exceed amount of $1,809,949.00;
4. Appropriate a total of $15,502,132.10, including $836,632.10 of the City Matching funds;
5. Approve a transfer from General Fund to Capital Improvement Fund in the amount of $836,632.10 for the City Matching Funds; and
6. Execute a funding agreement, in a form approved by the City Attorney, with the San Mateo County Transportation Authority for the awarded Measure “A” funds and Measure “W” funds in the amounts of $4,892,500 and $5,700,000, respectively.
PASSED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney