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Staff Report

Emeryville City Council
February 15, 2022

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Staff Report
Meeting
February 15, 2022
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Emeryville City Council
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Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

DATE:

February 15, 2022
TO:

Christine Daniel, City Manager
FROM:

Mohamed Alaoui, Public Works Director
SUBJECT:

Resolution Of The City Council Of The City of Emeryville Authorizing The City Manager To Enter Into A Contract With Bay Cities Paving And Grading, Inc. In An Amount Of $2,269,819.11; And Authorizing The City Manager To Approve Payments Of Possible Additional Costs As Contingency Expenditures Up To $454,000, All For The Construction Of The TCEP – Quiet Zone Safety Engineering Measures, Project No. EPW-18103 (CIP No. 19475008) Recommendation
Staff recommends that the City Council adopt the above-entitled resolution.

Background
On December 19, 2017, the City Council unanimously approved the City’s application for 2018 SB 1 - Transportation Corridors Enhancement Program ("TCEP") funding for a Quiet Zone in Emeryville.

In January 2018, the City of Emeryville submitted a project application for $4.2 million in construction funding with a required a total estimated match of about $1.8 million (30% funded by ACTC), for a total construction value of $6 million.

On May 16, 2018, the California Transportation Commission (“CTC”) approved the 2018 Trade Corridor Enhancement Program Final Adopted Program of Projects. Included in this list of projects was the City’s Project, titled ‘Quiet Zone Safety Engineering Measures’ (“Project”). The Project was officially approved in Resolution TCEP-P-1819-05B (October 17, 2018) and revised per Waiver 19-33 (June 26, 2019). In June 2020, CTC granted an additional 8-month extension due to COVID-19 impacts.

On July 10, 2018, the City Council approved Resolution 18-104, finding the Project is exempt from the California Environmental Quality Act pursuant to state CEQA Guideline 15301(c) and granting the City Manager signature authority for all agreements necessary to assure completion of the Quiet Zone Safety Engineering Measures Project.

On September 17, 2018, the City Council approved Resolution 18-124, authorizing the City Manager to execute a Professional Services Agreement to initiate design and processing of the Project.

On April 21, 2020, the City Council City approved minor scope of work changes to the Project and approved the permanent street closure of 66th Street 130’ east of Shellmound Street at the Union Pacific Railroad (UPRR) Crossing, effective July 1, 2021.

On January 19, 2021, the City Council approved an amended budget moving funds from various City and ACTC funding sources into the Project. Scope of work changes from the original application were discussed as ready to be brought forward for consideration to the CTC at their March 2021 Meeting.

On March 25, 2021, the City received approval from the CTC for the Project’s Construction Funding Allocation Request for $4,200,000 of TCEP Funding. Additionally, the City had already executed a funding agreement on July 26, 2018 for $1,800,000 of ACTC Measure BB Funding for the local match requirements of the TCEP program. CTC are still currently updating the funding agreement reflecting the March 2021 funding approval. The City Manager is authorized to sign this Agreement (per Resolution 18-104) once it is ready.

Discussion
On May 18, 2021, the City Council approved the scope of work and authorized the City Engineer to advertise the Project for public bids (Resolution No. 21-44).

The Project was advertised on December 12, 2021 and the bids were opened on January 25, 2022. The Project received a total of four (4) bids.

Construction Bids:

On January 25, 2022, the following proposals for the project were received:

Bay Cities Paving and Grading, Inc. $ 2,269,819.11
Gordan N. Ball, Inc. $ 2,358,129.00
Ghilotti Bros., Inc. $ 2,388,593.90
Ray’s Electric $ 2,489,746.90
Staff recommends that the City Council authorize the City Manager to enter into a Construction Contract with Bay Cities Paving and Grading, Inc. of Concord, CA, who submitted the lowest responsible bid in the amount of $2,269,819.11. The amount of the proposed contract with Interstate Grading and Paving, Inc. is 12% less than the Engineer’s Estimate of $2,580,000.

It is reasonable to also consider contingencies to address matters that cannot be known until construction is underway. Staff recommends that the City Council grant the City Manager a Contingency Amount for possible additional costs up to $454,000, at 20% considering the specialized nature of the project.

Fiscal Impact
Funding for the construction phase of this project is available under CIP project number 19475008 under funds 254 CMA TIP Reprogramming, ACTC, and SB1 TCEP, as well as fund 444 1999 Bonds.

The following estimated costs have been identified:

Estimated Costs:

Non-Railroad Work (Civil Roadway Items)
Construction Contract (Bay Cities Paving and Grading, Inc.) $ 2,269,819.11 Construction Contingencies $ 454,000
Railroad Portion of the Work
Construction Costs (Estimated) $ 2,935,000
Construction Contingencies $ 587,000
Railroad Flagging Costs $ 200,000
Estimated Total Cost $ 6,445,819.11
There is adequate funding encumbered into the Project as shown above to fully fund the construction of the TCEP – Quiet Zone Safety Engineering Measures Project (CIP No. 19475008).

Upon completion of the Project, there will be an expected cost of $90,000 per year in Railroad Maintenance Fees. The maintenance of the newly installed supplemental safety measures will be the responsibility of the City of Emeryville as these facilities go beyond what is required at a normal railroad crossing. These maintenance fees are expected to first occur mid-year in Fiscal Year 2022/23 and will need to be incorporated into the City’s operating budget moving forward.

Staff Communication with the Public
City Staff has discussed this Project at the following public meetings:

Bicycle and Pedestrian Advisory Committee at various meetings from 2018 – 2021.

Public Works Committee and Transportation Committee at various meetings from 2018 – 2021.

Conflict of Interest
Not applicable.

Conclusion
Staff recommends that it is in the public’s interest for City Council to adopt the above-entitled resolution.

PREPARED BY: Ryan O’Connell, Senior Civil Engineer
Approved and Forwarded to the
City Council of the City of Emeryville:

Christine Daniel, City Manager
Attachments
Draft Resolution
Construction Contract
Exhibit A – Project Area Map
Contract Award – TCEP - Quiet Zone Safety Engineering Measures Project City Council Meeting | February 15, 2022

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City of Emeryville

CALIFORNIA

MEMORANDUM

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