DATE:
April 5, 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 Brannon Corporation, Inc. In An Amount Of $820,800 For Construction Of The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 16475021) Recommendation
Staff recommends that the City Council adopt the above-entitled resolution.
Background
The Point Emery Shoreline Protection Project is a Capital Improvement Program project, EPW 101-18 (CIP #16475021), for the purpose of maintaining and preserving existing park land in danger of erosion from tidal and wave action (“Project”). The shoreline of the peninsula is currently not protected from wave action along portions of the northern shore and the westerly part of the south shore. The easterly part of the northern shore as well as the shoreline south of the peninsula is protected with rip-rap (large diameter rubble, stones, and boulders). The unprotected portions of the point are experiencing erosion which will eventually lead to loss of park land.
On July 10, 2018, the City Council adopted Resolution No. 18-102 to authorize the City Manager to enter into a professional services agreement with Noble Consultants to provide investigative and engineering design services and assist in obtaining required permits for the necessary improvements in the amount of $90,035.
Under the original agreement, Noble Consultants Inc. provided a topographic survey, geotechnical engineering investigation (soil borings and report), detailed engineering design (plans, specifications and estimates), and regulatory permit services such as the SF Bay Conservation and Development Commission (BCDC), the US Army Corps of Engineers (USACE), and the SF Bay Regional Water Quality Control Board (RWQCB), to ensure shoreline protection.
BCDC’s initial review of the Project permit application revealed the need to further document the Alameda County Department of Environmental Health’s regulation of Point Emery as a landfill and to clarify its permitting needs and associated approvals from the California Department of Toxic Substances Control, as well as the need to obtain project concurrence with the East Bay Regional Park District related to its ownership of the western tip of Point Emery.
During design development and regulatory agency permit review, it became apparent that the project would fall under BCDC’s major project permit review process and would require more study and design effort than initially contemplated in Noble Consultants’ original contract. Therefore, on October 1, 2019, the City Council adopted Resolution19-139 to authorize the City Manager to enter into a First Amendment to the agreement with Noble Consultants to perform additional permit-related research and design work for an amount of $32,620, increasing the total contract not to exceed amount to $122,655. In February 2021, Noble Consultants indicated they would no longer be able to provide design services for the Project, and their contract with the City was terminated.
On April 20, 2021, City Council adopted Resolution No. 21-29, authorizing the City Manager to enter into a contract with NV5 for an amount not to exceed $61,595 for consulting services necessary to complete design documents and obtain permitting for the Project.
On December 7, 2021, the City Council authorized the City Manager to enter into an agreement with Cal Engineering and Geology for construction management services and authorized the City Engineer to advertise construction of the project for public bidding (Resolution No. 21-129).
The City of Emeryville is authorized to perform the work of the project under BCDC permit number 2019.002.00 and permit number 2019.002.01, amendment number one.
The East Bay Regional Park District has issued encroachment permit 095E-91-423 to the City of Emeryville which authorizes work within park district jurisdiction.
Discussion
The project construction contract was advertised on January 25, 2022, and bids were opened on February 17, 2022. A total of nine (9) bids were received.
Construction Bids:
The following responsive bid proposals for the project were received:
Brannon Corporation $820,800
Maggiora & Ghilotti Inc. $887,000
Hoseley Corporation $909,700
San Rafael Rock Quarry $924,800
Suulutaaq Inc. $981,500
Steelhead Constructors Inc. $987,777
Power Engineering Construction Co. $1,026,640
Mark Lee & Yong Kay Inc. $1,118,000
ERA Construction $1,313,480
Staff recommends that the City Council authorize the City Manager to enter into a Construction Contract with Brannon Corporation, Inc. of Morgan Hill, CA, who submitted the lowest responsive bid in the amount of $820,800. The three lowest bids are within 11% of each other and Brannon Corporation’s bid is 21% less than the City Engineer’s estimate of $1,044,000.
Fiscal Impact
Funding summary for the Project is shown below:
Amount
Fund
Project Cost
Noble Consultants-Design
$122,655
475 – General Capital
Project Cost
Noble Termination
($20,839)
475 – General Capital
Project Cost
NV5 – Design
$61,595
475 – General Capital
Project Cost (Estimated)
Permitting - Estimated
$20,000
475 – General Capital
Project Cost
Construction Management
$151,905
475 – General Capital
Project Cost (Estimated)
Construction Cost
$820,800
475 and Per Capita Grant
Project Funding Need
$1,156,116
Current - Project Allocation
(CIP#16475021)
$1,445,000
475 – General Capital
Pending - Project Allocation
(CIP#16475021)
$80,283
Per Capita Grant
Current Project Shortfall
$0
Maintenance costs at Point Emery are not anticipated to significantly increase as a result of this project.
Staff Communication with the Public
City staff discussed this Project with the public as follows:
Parks and Recreation Committee - at various meetings from 2015-2021 Public Works Committee and Transportation Committee - at various meetings from 2018 – 2021 BCDC public hearing on July 15, 2021
Conflict of Interest
Not applicable.
Conclusion
Staff recommends that it is in the public’s interest for City Council to adopt the above-titled resolution.
PREPARED BY: Michael Roberts, Senior Civil Engineer
Approved and Forwarded to the
City Council of the City of Emeryville:
Christine Daniel, City Manager
Attachments
Draft Resolution
Exhibit A: Draft Construction Contract
Exhibit B: Site Plans
Contract Award – Point Emery Shoreline Protection Project City Council Meeting | April 5, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM