DATE:
June 6, 2023
TO:
Paul Buddenhagen, City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
Resolution Of The City Council Of The City of Emeryville Accepting The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 16475021), As Complete And Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk And Authorizing The City Manager To Enter Into A Second Amendment To The Contract With Brannon Corporation, Inc. To Increase The Total Compensation Amount By $3,535 For A Total Not To Exceed Amount Of $877,574 For The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 16475021) Recommendation
Staff recommends that the City Council adopt the above resolution.
Background
The Point Emery Shoreline Protection Project is a Capital Improvement Program project, EPW 101-18 (CIP #16475021), with 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 were experiencing erosion which would have led to the 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 to 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 required regulatory permit services [for example, 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 enable the 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 from the East Bay Regional Park District relating to its ownership of the western tip of Point Emery.
On April 20, 2021, the 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 was 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 issued encroachment permit 095E-91-423 to the City of Emeryville authorizing work that occurs within park district jurisdiction.
On April 5, 2022, the City Council authorized the City Manager to enter into a contract with Brannon Corporation to construct the project for an amount not to exceed of $820,800.
On December 20, 2022, the City Council authorized the City Manager to enter into a First Amendment with Brannon Corporation to increase the contract amount by $53,239 for a total contract amount not to exceed $874,039.
Discussion
As required by the BCDC permit authorizing the project work, a post construction eelgrass condition survey was performed on May 8, 2023, which revealed that no damage to eelgrass occurred during the construction work at Point Emery. The work of protecting Point Emery with rip-rap is now complete and ready for acceptance by the City Council. Once the project is accepted and the City Engineer has authorized it, the Public Works Department must file a Notice of Completion with the Alameda County Clerk.
In order to make final payment to Brannon Corporation for the extra work related to the installation of new bollards, hydroseeding, and a concrete bike rack pad, a Second Contract Amendment to increase the contract amount by $3,535, for a total contract amount not to exceed $877,574 is necessary.
Fiscal Impact
The Project Funding Summary 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
$20,000
475 – General Capital
Project Cost
Construction Management
$151,905
475 – General Capital
Project Cost
CM First Amend
$14,958
475 – General Capital
Project Cost
Construction Cost Original
$820,800
475 – General Capital
Project Cost
First Const. Amendment
$53,239
475 – General Capital
Project Cost
Second Const. Amendment (Current Resolution)
$3,535
475 – General Capital
Project Funding Need
$1,227,848
Current - Project Allocation
(CIP#16475021)
$1,445,000
475 – General Capital
Current Project Shortfall
$0
Staff Communication with the Public
Not Applicable
Conflict of Interest
Not applicable
Conclusion
Staff recommends that the Emeryville City Council approve the above titled resolution to accept the Point Emery Shoreline Protection Project as complete and authorize the City Engineer to file a Notice Of Completion with the Alameda County Clerk, and authorize the City Manager to enter into a Second Contract Amendment with Brannon Corporation, Inc. to increase the contract amount by $3,535, for a total not to exceed amount of $877,574, for the Point Emery Shoreline Protection Project.
PREPARED BY: Michael Roberts, Senior Civil Engineer
Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Original Contract
First Amendment to the Contract
Draft Resolution
Second Amendment + Exhibit A-2
Accept, Brannon 2nd Amend – Point Emery Shoreline Protection Project City Council Meeting | June 6, 2023
City of Emeryville
CALIFORNIA
MEMORANDUM