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HomeMy WebLinkAboutStaff Report 2304-13284.Approval of Construction Contract Number C23187877 with Casey Construction, Inc. in the amount of $410,604, Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not-to-Exceed Amount of $41,060, and approval of a FY 2023 Budget Amendment in the Stormwater Management Fund for the Trash Capture Device Installation Project, Capital Improvement Program Project SD-22002; CEQA status – exempt under CEQA Guideline Section 15303. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: June 19, 2023 Report #:2304-1328 TITLE Approval of Construction Contract Number C23187877 with Casey Construction, Inc. in the amount of $410,604, Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not-to-Exceed Amount of $41,060, and approval of a FY 2023 Budget Amendment in the Stormwater Management Fund for the Trash Capture Device Installation Project, Capital Improvement Program Project SD-22002; CEQA status – exempt under CEQA Guideline Section 15303. RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or their designee to execute the construction contract Number C23187877 with Casey Construction, Inc. in the Amount of $410,604 for the Trash Capture Device Installation Project, Capital Improvement Program Project SD-22002; 2. Authorize the City Manager or their designee to negotiate and execute related change orders to the contract with Casey Construction Inc. for related additional but unforeseen work that may develop during the project, the total value of which shall not exceed $41,060; and 3. Amend the Fiscal Year 2023 Budget Appropriation for the Stormwater Management Fund (requires 2/3 vote): a. Increase the Trash Capture Device Installation Project (SD-22002) budget appropriation by $161,837. b. Increase the Trash Capture Device Installation Project (SD-22002) revenue from the State of California by $161,836. BACKGROUND The City of Palo Alto is required by the State Water Resources Control Board (State Water Board) to address trash generated in its right of way. The agency’s State Stormwater Permit issued by the State Water Board allows Caltrans to partner with local municipalities by providing funding for regional water quality treatment facilities in significant trash generating areas (as identified in the Caltrans Statewide Trash Implementation Plan). Caltrans receives trash reduction compliance credits for contributions to regional projects. The City is also required to comply with the Municipal Regional Stormwater NPDES Permit (MRP) in the San Francisco Bay Area (Order R2-2015-0049). The MRP outlines various requirements for protecting the City’s storm drain system and local receiving waters from pollutants commonly found in urban stormwater runoff, including trash and other priority pollutants like PCBs and mercury. The MRP requires the 76 Permittees (including the City) to meet the goal of 100 percent trash load reduction, or no adverse impact to receiving waters from trash, by July 1, 2025. California Department of Transportation’s (Caltrans) National Pollutant Discharge Elimination System (NPDES) permit allows and encourages Caltrans to partner with municipalities by providing funding for stormwater quality treatment facilities that address trash or other pollutants. Palo Alto has been selected to receive such funding, and consequently, both agencies will receive compliance credit to meet permit requirements. Caltrans requires that all projects selected to be funded enter into a Cooperative Implementation Agreement (CIA), and Council approved the CIA for the project on June 14, 2021.1 In the CIA, Caltrans agreed to reimburse the City up to $613,000 for the design and construction of a trash capture device (TCD) to be installed on Embarcadero Road in front of the Baylands Golf Links To implement the agreement with Caltrans, Trash Capture Device project SD-22002 was created to install a debris or trash separating device into the existing storm drain system near the Baylands Golf Course. This device is designed to treat an estimated 190 acres of land in the City of Palo Alto’s right of way and an additional 20 acres in the Caltrans right of way. Since the project treats a portion of Caltrans land, state funding has been granted for the full cost of the project. The device’s design and the analysis of the project have been performed by Schaaf and Wheeler through contract C221848962. This project represents a 5% reduction in trash flows into the San Francisco Bay from the City’s jurisdiction and is a part of the Stormwater Compliance group’s plan to reduce all trash discharges by 100% by the year 2025. Implementation of the device will require digging, trenching and shoring in the grass area adjacent to the Baylands Golf Course, followed by attaching the system to the existing 36-inch storm drain system running through the area. Lastly, the area will be backfilled and the existing surface restored. The device will require yearly maintenance and cleanouts to be performed by the Public Works Operations group. ANALYSIS Project Description 1 City Council, June 14, 2021; Agenda Item #4 Staff Report 12267 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12267.pdf 2 City Council, August 15, 2022: Agenda Item #4 Staff Report 14423 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81931 Staff recommends approval of Contract No. C231878773 to furnish and install the new trash capture device, which will be maintained by the City of Palo Alto. The contract scope of work includes the trenching and shoring of a suitable installation location, furnishing, delivery and installation of a new trash capture device as detailed in the project’s plans and specifications, integration of the device into the existing storm water system, installation of a secondary slide gate system for future maintenance ease, and restoration of the trenched area including relocating or repairing any disturbed or damaged utilities. The nearby pathway will not be within the limits of work and will not need closure or maintenance due to the installation of this device. The proposed location of the device is shown in Attachment A. Bid Process Bid Name/Number Trash Capture Device IFB # 187877 Proposed Length of Project # of Bid Packages Downloaded by Builder’s Exchanges Number of Bid Packages Downloaded by Contractors Total Days to Respond to Bid Pre-Bid Meeting? Number of Bids Received Bid Price Range Public Link to Solicitation City-approved change orders. 3 Contract No. C23187877 Casey Construction, Inc. Construction, Inc. and found them to be the lowest responsive and responsible bidder. Staff also checked with the Contractor's State License Board and confirmed the contractor has an active license on file. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: ATTACHMENT A: PROJECT MAP Figure 1. TCD Location and Drainage Area Attachment B: Bid Summary UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 Base Bid: Provide all labor, equipment, materials, transportation, and applicable taxes, insurance, bonds and other ocerhead to perform the work in accordance with the project plans and technical specifications. 1 LS $ 495,900.00 495,900.00$ $ 410,604.00 410,604.00$ $ 599,000.00 599,000.00$ $ 655,450.00 655,450.00$ 495,900.00$ 410,604.00$ 599,000.00$ 655,450.00$ (85,296.00)$ 103,100.00$ 159,550.00$ -17%21%32% UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 materials, transportation, and applicable taxes, insurance, bonds and other ocerhead to perform the work in accordance with the 1 LS $ 495,900.00 495,900.00$ $ 675,800.00 675,800.00$ $ 707,000.00 707,000.00$ $ 798,869.00 798,869.00$ 495,900.00$ 675,800.00$ 707,000.00$ 798,869.00$ 179,900.00$ 211,100.00$ 302,969.00$ 36%43%61% Base Bid Total (Item 001 through 001) VALUE OVER/UNDER ENG EST % OVER/UNDER ENG EST GSW Corporation Paulson Cox Construction Inc Golden Bay Construction, Inc.BID ITEM BASE - DESCRIPTION APPROX. QTY UNIT Engineer's Estimate BID ITEM BASE - DESCRIPTION APPROX. QTY UNIT Engineer's Estimate Casey Construction % OVER/UNDER ENG EST Terocons Inc.Brannon Corporation Base Bid Total (Item 001 through 001) VALUE OVER/UNDER ENG EST City of Palo Alto CIA No. D43CIASCL0001 Amendment No. 1 Page 1 of 5 COOPERATIVE IMPLEMENTATION AGREEMENT AMENDMENT No. 1 This AMENDMENT No. 1 entered into on is between the State of California acting by and through its Department of Transportation, referred to as CALTRANS and the City of Palo Alto, referred to as “AGENCY” and together referred to as PARTIES. RECITALS 1. CALTRANS and AGENCY entered into Cooperative Implementation Agreement No. D43CIASCL0001 (AGREEMENT) on June 15, 2021, defining the terms, covenants and conditions to implement the City of Palo Alto Embarcadero Trash Capture Device Project (PROJECT), within the regional area under the jurisdiction of AGENCY to comply with the TMDL referred to herein as PROJECT. 2. Due to a shortage in the level of AGENCY staffing and cost increases to market labor rates and supplies and materials caused the AGENCY to revise its PROJECT budget and schedule. Attachment I of this Amendment No. 1 documents the revisions to the budget and schedule, to which CALTRANS has agreed. AGENCY has agreed to implement PROJECT in accordance with Attachment II of the CIA and Attachment 1 of this Amendment. IT IS MUTUALLY AGREED: 1. The PARTIES hereby replace the PROJECT’S original budget and schedule described in Attachment II of the AGREEMENT with Attachment II of this Amendment. 2. Any reference to ATTACHMENT I in the AGREEMENT is deemed to be a reference to the revised PROJECT’S revised budget and scope. 3. All other terms and conditions of said amended AGREEMENT shall remain in full force and effect. 4. AMENDMENT No. 1 with its attachment(s) is hereby deemed to a part of the AGREEMENT. ATTACHMENT The following attachment is incorporated into and is made a part of this AGREEMENT AMENDMENT No. 1 by this reference and attachment: ATTACHMENT I for Amendment No. 1 to AGREEMENT DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 5/30/2023 2 SIGNATURES Signatories may execute this Amendment No. 1 to the AGREEMENT through individual signature pages provided that each signature is an original. This Amendment No. 1 is not fully executed until all original signatures are attached. PARTIES are empowered by California Streets and Highways Code (SHC) sections 114 and 130 to enter into this AGREEMENT Amendment No. 1 and have delegated to the undersigned the authority to execute this AGREEMENT Amendment No. 1 on behalf of the respective agencies and covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT Amendment No. 1. CITY OF PALO ALTO Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: Signature: Print Name: Title: Date: Signature: Print Name: JEREMY KETCHUM Chief, Division of Environmental Analysis Date: DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 5/30/2023 06/05/2023 06/05/2023 3 ATTACHMENT I BUDGET AND SCHEDULE CHANGES CITY OF PALO ALTO EMBARCADERO TRASH CAPTURE DEVICE PROJECT Introduction The scope of the City of Palo Alto (City) Embarcadero Trash Capture Device Project (Project) has not changed. The following describes changes to the original project schedule and budget presented in Attachment I of CIA D43CIASCL0001 (Agreement). Project Schedule The project site is located in front of the City’s Baylands Golf Links (1875 Embarcadero Road, Palo Alto, CA 94303) at the end of Embarcadero Road east of Highway 101. The project will consist of installing a Contech Debris Separating Baffle Box (DSBB) within the existing City storm drain pipeline located at the golf course along Embarcadero Road. The DSBB device is selected per the requirements of the Santa Clara County Hydrology and Hydraulics manual and meets trash reduction requiremnts of Regional Water Quality Control Board. The storm system drains portions of the City of Palo Alto and Caltrans ROW, specifically Highway 101, and discharges to the San Francisco Bay. To date, the project design has been completed, and the City has entered into a contract with the construction contractor. Attachment II of the CIA stated that Project construction and as-builts would be completed by end of October 2022. Due to delays, the construction period is expected to commence July 5, 2023 and be completed by December 4, 2023. The project schedule in Table 1 provides project timeline, from design through construction (Table 1). DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 4 Table 1. Embarcadero Trash Capture Device Project Amended Schedule DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 5 Project Budget Attachment II of the CIA estimated the Project budget to be $613,000. The City has invoiced for this amount per CIA requirements. Due to increases in market costs to labor, equipment and supplies and also adding City staff costs (which is allowed per the CIA) to the Project budget, the total Project budget has increased to $774,837.35. Because Caltrans has already reimbursed the City for the original CIA agreed-upon budget of $613,000, this Amendment I to the Agreement allows for additional reimbursement to the City of $161,837.35. Tables 2 and 3 provide an overview of the amended budget and a breakdown of the included City staff time. Table 2. Embarcadero Trash Capture Device Project Amended Budget Consultant Support (inspections, encroachment permit, misc. support) construction) Total (Amended) $ 774,837.35 CalTrans Reimbursement (based on original CIA) $ 613,000.00 Addition Reimbursement Requested by City of Palo Alto Table 3. Embarcadero Trash Capture Device Project City Staff Budget Breakdown Staff Title Estimated Hours Hourly Rate Senior Engineer 162 140 $22,603.60 Engineer 360 $102.09 $36,753.92 Stormwater Compliance Manager 25 $117.30 $2,932.51 Associate Engineer (Stormwater Compliance Total $67,037.15 DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 Caltrans_CIA_Palo_Alto_Amendment_WITH DOCUSIGN_052423 Final Audit Report 2023-06-02 Created:2023-06-02 By:Ken Johansson (s134816@dot.ca.gov) Status:Signed Transaction ID:CBJCHBCAABAAa3eqDRhAx09Hpyg3hLLBzmMcBKryA96D "Caltrans_CIA_Palo_Alto_Amendment_WITH DOCUSIGN_0524 23" History Document digitally presigned by DocuSign\, Inc. (enterprisesupport@docusign.com) 2023-05-31 - 11:57:44 PM GMT Document created by Ken Johansson (s134816@dot.ca.gov) 2023-06-02 - 9:52:58 PM GMT Document emailed to Ken Johansson (ken.johansson@dot.ca.gov) for signature 2023-06-02 - 9:53:34 PM GMT Email viewed by Ken Johansson (ken.johansson@dot.ca.gov) 2023-06-02 - 9:54:03 PM GMT Document e-signed by Ken Johansson (ken.johansson@dot.ca.gov) Signature Date: 2023-06-02 - 9:54:14 PM GMT - Time Source: server Agreement completed. 2023-06-02 - 9:54:14 PM GMT Palo Alto CIA - Amendment 1 Final Audit Report 2023-06-05 Created:2023-06-02 By:Ken Johansson (s134816@dot.ca.gov) Status:Signed Transaction ID:CBJCHBCAABAAf7ZZVrQR-HYHwNbd7pzkbxlHJE5tWCPm "Palo Alto CIA - Amendment 1" History Document digitally presigned by DocuSign\, Inc. (enterprisesupport@docusign.com) 2023-05-31 - 11:57:44 PM GMT Document created by Ken Johansson (s134816@dot.ca.gov) 2023-06-02 - 10:03:07 PM GMT Document emailed to Shaila Chowdhury (shaila.chowdhury@dot.ca.gov) for signature 2023-06-02 - 10:05:42 PM GMT Email viewed by Shaila Chowdhury (shaila.chowdhury@dot.ca.gov) 2023-06-02 - 10:13:29 PM GMT Document e-signed by Shaila Chowdhury (shaila.chowdhury@dot.ca.gov) Signature Date: 2023-06-05 - 6:23:37 PM GMT - Time Source: server Document emailed to Mike Bartlett (mike.bartlett@dot.ca.gov) for signature 2023-06-05 - 6:23:38 PM GMT Email viewed by Mike Bartlett (mike.bartlett@dot.ca.gov) 2023-06-05 - 7:00:28 PM GMT Document e-signed by Mike Bartlett (mike.bartlett@dot.ca.gov) Signature Date: 2023-06-05 - 7:00:42 PM GMT - Time Source: server Agreement completed. 2023-06-05 - 7:00:42 PM GMT