DATE:
June 4, 2024
TO:
Paul Buddenhagen, City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Approving Added Scope Of Work For The Sustainable Streetscapes Paving Project, Project No. EPW-23008 (CIP No. 24221005); Authorizing The City Manager To Enter Into A Contract With Bay Cities Paving And Grading, Inc. In An Amount Of $5,927,488.70; Authorizing The City Manager To Approve Additional Payments Of $3,500,000, For A Total Not To Exceed Amount Of 9,427,488.70, All For The Construction Of The 2024 Sustainable Streetscapes Paving Project, Project No. EPW-23008 (CIP No. 24221005); Re-Allocating $500,000 From Fund 475 In CIP No. 17475004, $242,027 From Fund 475 In CIP No. 16475006, And $124,574 From Fund 250 In CIP No. 16475006 Into CIP No. 24221005; Appropriate $99,741 From Fund 221, $938,224 From Fund 250, And $1,540,732 From Fund 473 Into CIP No. 24221005; CEQA Determination: Exempt Pursuant To CEQA Guideline 15301(c) Recommendation
Staff recommends that the City Council adopt the above-entitled resolution.
Background
The Capital Improvement Program adopted in June 2023 includes funding for the annual Sustainable Streetscapes Project, CIP Project No. 24221005. The primary goal of this project is the pavement rehabilitation and maintenance of City streets, while improving bike, pedestrian, and transit infrastructure. Two studies guide this work, the MTC’s Technical Assistance Program (P-TAP) which provides a Pavement Condition Index (PCI), and the City’s 2023 Active Transportation Plan.
The Active Transportation Plan identifies key needs in our transportation network such as filling sidewalk gaps and needed improvements in the bike network. The Sustainable Streetscapes project also fills greenway trail routing gaps, re-builds curb ramps, builds green infrastructure, and lighting enhancements, as well as signage and landscaping.
Moreover, this project offers opportunities to meet ADA obligations and upgrade our facilities to the latest standards. Overall, the goal is to create a safe and comfortable environment for people of all ages and abilities to walk, bike, and roll.
On December 19, 2023, the City Council approved the original scope of work and authorized the City Engineer to advertise for the construction of the 2024 Sustainable Streetscapes Paving Project, Project No. EPW-23008 (“Project”) and made the CEQA determination: exempt pursuant to CEQA guideline 15301(c) (Resolution No. 23-163).
Paving
The streets to be rehabilitated were part of MTC’s Technical Assistance Program P-TAP in March 2023. Additionally, some of the streets were postponed from the FY21/22 Project due to wetter than normal weather in Winter 2022/23. The original scope of work approved for this Project includes work on the following streets:
43rd Street (San Pablo Avenue – Adeline Street)
45th Street (San Pablo Avenue – Adeline Street)
47th Street (Salem Street – Adeline Street)
48th Street (San Pablo Avenue – City Limits)
Salem Street (43rd Street – 45th Street)
Essex Street (43rd Street – 45th Street)
West Side of Doyle Street (45th Street – Steve Dain Drive) Steve Dain Drive (ECCL Pool Entrance – San Pablo Avenue) Marina Public Parking Lot Areas
Point Emery Parking Lot
City Hall Parking Lot
Fire Station 35 Parking Lot
Shellmound (62nd Street to 65th Street)
The Project will include bicycle and pedestrian enhancements throughout each corridor. Every crosswalk that is re-surfaced will be upgraded as a high visibility crosswalk to improve pedestrian safety. Additionally, sidewalk and curb ramp improvements and repairs will be made for areas that have been identified for ADA accessibility.
The Project improvements also include new traffic calming elements and enhancements to existing traffic calming infrastructure. Several City-owned parking lots will also be rehabilitated as part of this project.
Shellmound Protected Bike Lanes
On Shellmound Street, the ATP plan will be fulfilled by installing a Class IV bike lane between 62nd Street and 65th Street. The project concept was taken to the Transportation Committee on October 16, 2023 and to the Bicycle/Pedestrian Advisory Committee (BPAC) on November 6, 2023. It was then approved by the City Council on December 19, 2023. The design will install two concrete protected bike lanes along Shellmound from 62nd to 65th Street. This will connect it with the concrete protected bike lanes installed by the Quiet Zone project from 65th to 67th Street. The approved bike lanes will also cause a net parking loss of approximately 17 parking spaces. In addition to the two committee meetings before City Council approval, public outreach on the project included informational posters in the project area asking for public feedback via the project website. The posters also informed the public about the City Council meeting at which the proposed item was scheduled for approval.
Other Transit and Bike Improvements
Included with the Project will be multiple citywide quick-build upgrades including:
Solar lighting at 38 transit stop locations without lighting 120 New bike racks at areas around the City
Enhanced safety at Greenway crossings
Discussion
Scope of Work Addition for Hollis Street
The Bio Med Realty developer is scheduled to re-pave Hollis Street from 45th Street to Powell Street as part of its Project Conditions of Approval. As a result, adding Hollis Street to the City’s scope of work would allow for a better economy of scale and improve pricing for paving other areas city-wide. At the same time, the City would recoup the cost of the paving work from the developer.
In the 2023 ATP, Hollis street is identified as a corridor in need of further study, and in the City’s General Plan Hollis street is identified as a transit corridor. As a result, staff tasked their on-call civil engineering design firm, MNS Engineers (“MNS”), with a feasibility study and concept design for Hollis Street between 40th Street and Powell Street.
At the April 2024 Transportation Committee Meeting, staff presented the study results and 10% concept designs that MNS prepared for Hollis Street (40th Street – Powell Street). Since Hollis Street is identified as a Transit Street in the General Plan and has bus headways of every 5-6 minutes in the peak hour, the concept design focused on pedestrian and transit improvements such as pedestrian/transit bulb-outs, urban greening, and transit signal priority equipment.
The study also evaluated the feasibility of adding protected bike lanes to the corridor but determined that there is insufficient room. However, fortunately, there is a parallel bike facility with protected bike lanes on Horton Street one block to the west recently installed by two different developers. Future bike improvements are also included on north Horton and Overland Avenues all the way up to 65th Street. Other features in the Hollis concept design include the closure of the slip lane from Powell Street to southbound Hollis Street for the expansion of a pedestrian plaza, and the overall improvement of the Greenway connection through the Powell/Hollis intersection.
The Transportation Committee made a motion to approve the concept designs for Hollis Street (with design refinements forthcoming). Some BPAC members expressed skepticism over whether bike lanes could still fit on the corridor. Staff recommend adding Hollis Street to the Project’s scope of work.
Overall Project Bid Advertisement Update and Direct Negotiation The Project was formally advertised on February 5, 2024 following public bidding procedures. On March 28, 2024, the City received no bids for the Project. After receiving no bids, it was determined pursuant to Public Contract Code 22038(c), that the City is allowed to negotiate directly with contractors. However, limited time remained to execute a contract and still complete a project in the 2024 paving season. As a result, staff negotiated directly with Bay Cities Paving and Grading, Inc. (“Contractor”). The Contractor submitted a responsive bid proposal of $5,927,488.70. It is important to note that this is lower than the advertised Engineer’s estimate of $6,000,000. The bid received is in line with other bids received at other nearby agencies with recent paving projects. However, should the City choose not to pursue this proposal, the Project would need to be re-bid, and paving would not occur until Summer 2025.
Staff has determined that the Contractor is qualified by training and experience to render such services described in the scope of work and their bid proposal. Staff recommend authorizing the City Manager to enter into a contract with the Contractor in the amount of $5,927,488.70.
Budget for Hollis Street Upgrades
The Transportation Committee has recommended that the project design for Hollis Street continue progressing, focusing on pedestrian safety enhancements and transit island amenities.
Staff currently estimate the need for an additional $2,000,000 to be added to the project budget. Staff recommends that the City Council appropriate the necessary funds listed in the resolution to ensure the successful and timely completion of the Hollis Street upgrades.
Construction Contingencies
Contingency values on construction projects typically range from 10 to 25%. However, this Project has design plans that are still under development, and therefore adding an approximate 25% contingency budget of $1,500,000 is appropriate. Staff recommends that the City Council appropriate the necessary funds listed in the resolution to budget for contingency funds in the Project.
Budget Transfers and Appropriations
Curb Ramps and Sidewalks
There is $500,000 budget in CIP Project No. 17475004 that is available to provide upgrades in the public right-of-way to sidewalks and curb ramps which will take place at all intersections where directional curb ramps will be placed and where sidewalks will be newly built or re-built along the corridor and at transit stops. Staff recommends for City Council to re-allocate $500,000 from CIP Project No. 17475004 to the Project.
South Bayfront Bridge Project Funds
The South Bayfront Bridge Project was substantially completed in 2022, and fully closed out in the 2023/2024 fiscal year. There are surplus balances in a few different funds that are available to be appropriated into the Project. Staff recommends re-allocating $242,027 from Fund 475 and $124,574 from Fund 250.
SB 1 RMRA Funds
Emeryville will receive an estimated $324,741 in Road Maintenance and Rehabilitation Account (RMRA) funding for the 2024/2025 fiscal year from Senate Bill 1 (the Road Repair and Accountability Act of 2017). This is up from $303,796 from the 2023/2024 fiscal year. The reasons for this increase are complex, and involve both annual cost of living adjustments, and changes in the relative population of the jurisdiction in comparison to the remainder of the state. Currently, the CIP budget appropriates $225,000 for the 2024/2025 fiscal year in CIP Project No. 24221005, and staff recommends increasing the budget by $99,741 from unallocated Fund 221 to the full forecasted amount of $324,741.
Biomed Realty - TIF and Developer Contributions
There are expected Traffic Impact Fees (TIF) and Developer Contributions that Bio Med Realty will be contributing to Fund 250 and Fund 473 in the 2023/2024 and 2024/2025 fiscal years that are listed below as part of their development at the Novartis/Chiron campus. The City’s Project is completing TIF eligible activities under Projects No. 1 and 18 on the TIF Nexus Study from 2014 and would be eligible to use the TIF funds. Staff recommends that the following funds be appropriated to the Project:
$848,651 from Fund 250
$89,573 from the Expected Traffic Impact Fees that Bio Med Realty will be contributing to Fund 250 in FY23/24 $923,022 from the Expected Transportation Facility Fees that Bio Med Realty will be contributing to Fund 473 in FY23/24 $671,710 from the Expected Transportation Facility Fees that Bio Med Realty will be contributing to Fund 473 in FY24/25 CEQA Determination
This Project is determined to be exempt under categorical exemption Class 1 Existing Facilities, State CEQA Guidelines Section 15301(c).
Fiscal Impact
The Funding summary for this Project is shown below:
Project No.
Fund
Current Budget
FY24/25
Existing Funds
24221005
220 – Gas Tax
$ 50,000
24221005
221 – RMRA
$ 865,150
$ 225,000
24221005
238 – Measure B (VLF)
$ 100,000
24221005
240 – Measure B (LSR)
$ 18,600
24221005
242 – Measure BB (LSR)
$1,271,784
$ 530,000
24221005
250 – Traffic Impact Fee
$ 297,250
24221005
264 – Measure BB (B/P)
$ 166,300
$ 80,000
24221005
471 – Ped Path Imp Fund
$ 228,000
24221005
475 – Gen Cap Fund
$2,203,000
$ 625,000
24221005
495 – Marina
$ 200,000
Original Budget =
$6,860,084
Project No.
Fund
FY23/24
FY24/25
New Funds
17475004
475 – Gen Cap Fund
$ 500,000
16475006
475 – Gen Cap Fund
$ 242,027
16475006
250 – Traffic Impact Fee
$ 124,574
221 - RMRA
$ 99,741
Prior Balance
250 – Traffic Impact Fee
$ 848,651
TIF (Bio Med Realty)
250 – Traffic Impact Fee
$ 89,573*
Transportation Facility Fee (Bio Med Realty)
473 – Developer Contribution Fee
$ 923,022*
$ 617,710**
Total Revised Budget =
$10,305,382**
*Per Developer Agreement (Ordinance 95-007, approved by the City Council August 15, 1995 and amended administratively on February 17, 2022) **The Construction Contract is expected to be fully executed in July 2024 when FY24/25 funds will be made available The Construction Cost Summary is as follows:
Construction Contract (Bay Cities Paving and Grading, Inc.) Base Contract =
$ 5,927,488.70
Hollis Street Upgrades =
$ 2,000,000.00
25% Contingency =
$ 1,500,000.00
Total Not To Exceed Amount =
$ 9,427,488.70
Design, Construction Management, and Inspection (MNS)*
Task Budgets (Per Resolution No. 23-165) =
$ 670,000.00
Staff Time
Charge to CIP Project No. 24221005 =
$ 200,000.00
Total Construction Costs =
$10,297,488.70
* As part of a previously approved contract.
The following re-allocations/appropriations are necessary for this Resolution:
$500,000 from Fund 475 in CIP Project No. 17475004 to CIP Project No. 24221005 $242,027 from Fund 475 in CIP Project No. 16475006 to CIP Project No. 24221005 $124,574 from Fund 250 in CIP Project No. 16475006 to CIP Project No. 24221005 $99,741 from Fund 221 to CIP Project No. 24221005
$848,651 from Fund 250 to CIP Project No. 24221005
$89,573 from Fund 250 for Expected Traffic Impact Fees that Bio Med Realty will be contributing in FY23/24 $1,540,732 from Fund 473 for Expected Transportation Facility Fees that Bio Med Realty will be contributing in FY23/24 ($923,022) and FY24/25 ($617,710) Staff Communication with the Public
The Project has been discussed at various meetings of the Bicycle and Pedestrian Advisory Committee and the Transportation Committee in 2023, and 2024 as detailed in the discussion section of this report.
Conflict of Interest
None.
Conclusion
Staff recommends that the City Council 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:
Paul Buddenhagen, City Manager
Attachments
Draft Resolution
Construction Contract
2024 Sustainable Streetscapes Project – Approve Scope and Contract (Bay Cities) City Council Meeting | June 4, 2024
City of Emeryville
CALIFORNIA
MEMORANDUM