RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A First Amendment To The Contract With Bay Cities Paving And Grading, Inc. In The Amount Of $1,850,000.00 For A Total Not To Exceed Amount Of $4,119,819.11; Appropriating $600,000.00 From Fund 242 Into CIP No. 19475008; CEQA Determination: Exempt Pursuant To 15301(c) WHEREAS, the Capital Improvement Program adopted by the City Council in June 2019 includes a project titled, ‘Quiet Zone Safety Engineering Measures’ (the “Project”), CIP No. 19475008; and
WHEREAS, on May 18, 2021, the Emeryville City Council approved the Project’s scope of work and authorized public bidding of the project once the plans and specifications were approved by the City Engineer (Resolution No. 21-44); and WHEREAS, on February 15, 2022, the City Council authorized the construction of the TCEP – Quiet Zone Safety Engineering Measures, Project No. EPW-18103 (CIP No. 19475008) by awarding a $2,269,819.11 Construction Contract to Bay Cities Paving and Grading, Inc (“BCPG”) which was approximately $550,000 (19.5%) below the Engineer’s Estimate of $2,820,000, and granted the City Manager a contingency amount for possible additional costs up to $454,000; and
WHEREAS, the Project broke ground in June 2022, but has faced significant challenges beyond the control of the City of Emeryville, primarily due to persistent delays in collaboration with Union Pacific Railroad (“UPRR”); and WHEREAS, construction of the Project is now expected to be completed in early 2024, but still requires more coordination and scheduling of work to be performed by BCPG and UPRR through March 2024; and
WHEREAS, the delays, combined with unforeseen conditions, third-party costs, and opportunistic additions have used up the Project’s contingency budget and additional funds will be necessary to complete the Project; and
WHEREAS, City staff proposes appropriating $600,000 in unallocated dollars from Fund 242 into the Project (CIP No. 19475008) in order to provide adequate funding in the Project; and
WHEREAS, funding for the construction phase of this Project is available under CIP project number 19475008 with the following funds identified and proposed:
Project Fund Budget
19475008 254 – CMA TIP Reprogramming Grant $1,379,886
19475008 254 – ACTC TCEP Match Grant $1,800,000
19475008 254 – SB1 TCEP Grant $4,200,000
19475008 250 – Traffic Impact Fees $500,000
19475008 444 – 1999 Bonds $105,910
DocuSign Envelope ID: 58385178-6E18-4D61-BE13-CD4B07CDBA7E Resolution No. _____
Bay Cities Paving & Grading 1st Amendment Contract - Quiet Zone Project City Council Meeting | January 16, 2024
19475008 471 – Ped Path $180,000
19475008 475 – Gen Cap $708,870
EXISTING TOTAL $8,874,666
19475008 (NEW) 242 – Measure BB Local Streets/Roads $600,000 NEW TOTAL $9,474,666
; and
WHEREAS, there will be adequate funding encumbered into the Project as shown above to fully fund the construction of the TCEP – Quiet Zone Safety Engineering Measures Project; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to enter into a First Amendment to the contract with Bay Cities Paving and Grading, Inc. in the amount of $1,850,000.00 for a total not to exceed amount of $4,119,819.11; and, be it further
RESOLVED, by the City Council of the City of Emeryville that it hereby authorizes an appropriation of $600,000.00 From Fund 242 Into CIP No. 19475008; and, be it further RESOLVED, by the City Council of the City of Emeryville that said Project is determined to be exempt under categorical exemption Class 1 Existing Facilities, State CEQA Guidelines Section 15301(c).
DocuSign Envelope ID: 58385178-6E18-4D61-BE13-CD4B07CDBA7E Resolution No. _____
Bay Cities Paving & Grading 1st Amendment Contract - Quiet Zone Project City Council Meeting | January 16, 2024
ADOPTED, by the City Council of the City of Emeryville at a special meeting held Tuesday, January 16, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Construction Contract – 1st Amendment (Bay Cities Paving and Grading, Inc.) DocuSign Envelope ID: 58385178-6E18-4D61-BE13-CD4B07CDBA7E