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16. Ferma award SCC Phase 1APUBLIC WORKS DEPARTMENT CUPERTINO AGENDA ITEM SUBJECT AND ISSUE Summary AGENDA DATE May 20, 2008 Awazd of a Construction Contract to Fermi Corporation for the Construction of the Stevens Creek Corridor Phase lA Project in the amount of $ 2,265,457.70 and approval of a Construction Contingency in the amount $500,000. BACKGROUND On March 18, 2008 the City Council received a progress report on the Stevens Creek Corridor Project to consider final recommendations relating to the project scope, budget and schedule. Among other actions, including the approval of the final project budget of $14,123,000, the Council specifically approved the scope of the project as Phase I to be broken down into two bid packages of Phase I-A and Phase I-B. In addition, the Council requested a report regarding the monitorixxg and oversight of the tree removal, restoration and planting portion of the project. The first of these two bid packages includes ail the work of realigning and restoring a segment of Stevens Creek through Horseshoe Bend adjacent to the west picnic area, including a new bridge over the creek to the west piczuc area. This work has been designated Phase I-A. The remaining scope of the project includes all the work of constructing the frail from McClellan Ranch up the east side of the creek where the existing golf maintenance building (to be demolished) is located. In addition this phase will demolish certain other facilities and construct a new 800 person capacity picnic area on the west side of Stevens Creek, a golf maintenance building with restrooms for the golfers, a new entry kiosk, upgrades to the pool electrical system and a new parking lot with a "green" engineered surface and solar panels on the maintenance building along with other site work and landscaping. This work has been designated as Phase I-B. Bids have now been received for Phase I-A as described below and Phase I-B was advertised on May 16, 2008 with an anticipated bid opening on June 19, 2008. It is~ expected that a recommendation for the award of the construction contract for Phase I-B will occur at the first Council meeting in July 2008. ~ s ~ In recognition of the Council's concern over the project cost, staff and the City's construction management and engineering consultants completed a detailed review and final evaluation of the Engineers Estimate for Phase I-B. The Engineer's Estimate is now in the amount of $6,031,000, which is consistent with the report to the Council on March 18, 2008. In addition, with the excellent bids received on Phase I-A, the budget as approved by the Council has sufficient funds even if the Phase I-B were to come in as much as 7% over the estimate which neither staff nor the consultants expect. REPORT ON CONSTRUCTION SIDS Construction bids for the Phase lA Stevens Creek Corridor Project were received and opened on May 8, 2008 with the following results: Bidder Bid Amount % Difference HSR Inc. $ 2,788,353.70 3 ENGINEER'S ESTIMATE $ 2,700,000.00 Gordon N. Ball, Inc. $ 2,594,015.70 (4%) Hanford Applied Restoration, Inc. $ 2,444,071.70 {10%) Ferma Corporation $ 2,265,457.70 (15%} The low bid from Ferma Corporation represents an excellent price for the scope of work for Phase I-B. Staff has reviewed the bid documents and the unit prices and finds them all to be in order as required by the project specifications. PROJECT BUDGET AND COSTS The current praject budget is provided from previous years and from the Adopted 2007- 2008 Five-Year Capital Improvement Program (CIP) and is summarized as follows: Prior City General Funds $ 601,000 Enterprise Funds (FY 05-06) 680,000 Approved Grant Funds $3,729,000 General Funds (FY 07-08) 9,601,000 Transfer to McClellan Project (491,000) Total Current Approved Project Funding $14,119,000 ~s-z Protect Costs Master Plan and Environmental (FY OS-06) $ 583,000 Design and Construction Services 2,037,000 Admire, Fees, Site Maintenance 812,000 Construction Management 575,000 Construction Phase I-A (Low Bid Rounded) 2,265,400 Construction Contingency Phase I-A 500,000 Balance from Low Bid I-A 420,000 Construction Phase I-B (Engineer's Estimate) 6,031,000 Balance of Construction Contingences 900 000 Total Project Cost Project Walk-Through by Interested Parties $14,123,000 Prior to the beginning of the construction work a public walk-through and tour of the project has been scheduled for 10:00AM on Wednesday June 4, 2008 at Blackberry Farm. The trees to be removed will have been visibly tagged and construction stakes will identify the realignment of the creek. Invitations have been sent to over 400 parties on the interest list developed over time and to whom the City sends periodic updates on the project. The date has been added to the City's website and an announcement will appear in the Cupertino Courier the week of May 26, 2008. One important factor that will be highlighted during the tour is that, by direction of the staff, the consultants have made some adjustments in the creek alignment with the anticipated result of saving 4 more large trees along the creek edges. In addition, a slight relocation of the new bridge entry across the new creek alignment has resulted in the saving of a large cedar tree at the creek's edge. Sometime after the award of the construction contract, one of the first orders of work will be for the construction contractor to erect a construction fence around-the entire work site. From that point on the site will be covered by the contractor's insurance and will be under the control and responsibility of the contractor and the City's project management team. The site will be posted with no trespassing signs and, as such, only the contractor and subcontractor personnel, along with the City's project management staff will be permitted on the site until the park reopens in May 2009. Third Partv Monitoring of Tree Removal and Replanting There are a number of independent permitting agencies that will be monitoring their permit conditions during the construction, including vegetation impacts and compliance with the environmental documents. These include the National Marine Fisheries Service, Army Corps of Engineers, California Department of Fish and Game, SF• Bay Regional Water Quality Board and the Santa Clara Valley Water District+ 16-3 In addition, there will be two arbarists involved with the project, one under contract to the city, and one who is a consultant to the City's construction manager. These arborists will not only ensure that only the trees planned for removal will actually be removed, but will also ensure that any pruning or other trimming that is necessary will be accomplished in the most correct manner with minimal consequences to the tree. In addition they will ensure that all remaining trees will be fully protected during construction in accordance with the project specifications. With the combined efforts of these monitoring and inspection activities, the best possible outcome as intended by the design and environmental review of the project will be assured. FISCAL IMPACT Funding is available in the Adopted FY 2007-2008 Capital Improvement Program as amended by Council on March 18, 2008. Award of this contract will encumber $2,265,457.70 for the construction of Phase lA and $540,000 for the Phase lA construction contingency. Staff is requesting the $500,000 contingency (18% of the original estimate) in order to manage the inherent unknowns in the creek channel construction and to begin some of the rough grading for the landscaping that will be included in Phase I-B. STAFF RECOMMENDATION Award of a Construction Contract to Ferma Corporation for the Construction of the Stevens Creek Corridor Phase 1A Project in the amount of $2,265,457.70 and approval of a construction contingency in the amount $500,000. Submitted by: ~-~-~2~4 C..Q, c.J~ c~ ~ s Ralph A Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager 16-4 EXHIBITS BEGIN HERE ec.-% SIZ~-oe ~ I ~v Linda La er ren From: Feldman Rich (richard.feldman@att.net] Sent: Monday, May 19, 2008 10:42 PM To: Mark Santoro; Dolly Sandoval; Orrin Mahoney; Kris Wang Cc: Gilbert Wong Subject: Council vote Tuesday 5/20 on SC Corridor To The Council, As one of your constituents, I would like my thoughts counted towards the finishing of the finishing of the Phase 1 A project. As well, the neighborhood access from the west side to the east side (aka Scenic) is critical to the success of this project. There is a very important Cupertino Council Meeting decision this Tuesday May 20 regarding the Stevens Creek Corridor Project and Stevens Creek Trail. It is item 16, immediately after the Unanimous Consent Calendar: Award a Construction Contract to Ferma Corporation for the construction of the Stevens Creek Corridor Phase lA Project in the amount of $2,265,457.70 and approve a construction contingency in the amount of $500,000. There is concern that the new council members may balk at the cost of the project and vote to block the many years of work and progress that have already been realized. If you want to see the work on the Stevens Creek Corridor Project and Stevens Creek Trail continue, Regards, Rich Feldman Mira Vista Rd Cupertino, Ca C' ~L~C~~~~ ( ~~I M AY ~ C~ 2Q0~ ` CUQERTIi~fJ CITY CLER'}< ~5 - za --~ Linda Lagergren _ From: DLBodwin [Diane@Bodwin.us] Sent: Tuesday, May 20, 2008 8:57 AM To: Dolly Sandoval; Orrin Mahoney; Kris Wang; Gilbert Wong; Mark Santoro Subject: support for Stevens Creek Trail project Dear Council members, I am writing to express my family's support for the continued investment by the City of Cupertino in the Stevens Creek Trail initiative. Cupertino is making many great moves to be a "green city" and providing safe trail access for bikers and pedestrians via Blackberry Farm Park will go a long way towards that Green Goal. Please keep in mind that providing equal access to all citizens is critical to the success of this trail (including citizens who live on the west side of the park). I believe our surrounding communities are watching us carefully to see if we are as dedicated in fact as we claim to be in voice. Please continue your support of this project and the work scheduled at this site. Thank you, Diane Bodwin 22475 Palm Ave, Cupertino, CA 95014 - "~ ~, _ , ;, i F i ~ ~ AY 2 0 2008 ~': ~ _.._._.W .. ^~ ~.RK 8 G c / 5' - Zv -O£~ ~ ) So Linda Lagergren From: Pammarino@aol.com Sent: Tuesday, May 20, 2008 9:39 AM To: Mark Santoro Subject: Stevens Creek Corridor Hello, Please vote for the contract for the Stevens Creek Corridor project. As a resident of Cupertino, I am very much in favor of this project going forward. I believe it will add to the overall quality of life in our city. Thank you. Pam Marino 21597 Flintshire St. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOI. Food. ~. I . .' `, hf nY z c zoa~ ~' 4 ~~ ~; ._.. ~~ CUI~ERTINO CITY C~Ek~I~ ~ci~-ZO -og ~1~ Linda Lagergren From: Pammarino@aol.com Sent: Tuesday, May 20, 2008 9:38 AM To: Kris Wang Subject: Stevens Creek Corridor Hello, Please vote for the contract for the Stevens Creek Corridor project. As a resident of Cupertino, I am very much in favor of this project going forward. I believe it will add to the overall quality of life in our city. Thank you. Pam Marino 21597 Flintshire St. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. I Ir,~'~ ~ ,~ i ~; MAY 2 ~~• 20C~ ~ ~, ~j ~~ 4.i~~~~T~N® G~ 1 i lr~~~~ cc ~ 5- z o -~~ #~~ Linda Lagergren From: Pammarino@aol.com Sent: Tuesday, May 20, 2008 9:38 AM To: Orrin Mahoney Subject: Stevens Creek Corridor project Hello, Please vote for the contract for the Stevens Creek Corridor project. As a resident of Cupertino, I am very much in favor of this project going forward. I believe it will add to the overall quality of life in our city. Thank you. Pam Marino 21597 Flintshire St. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. r ~<I` ii y. i ~,.! 1 ~'~ 1!PERT~'~O CITY Cl_E~1~ CC `5-zo -d~ i (o Linda Lagergren From: Pammarino@aol.com Sent: Tuesday, May 20, 2008 9:37 AM To: Dolly Sandoval Subject: Stevens Creek Trail Hello, Please vote for the contract for the Stevens Creek Corridor project. As a resident of Cupertino, I am very much in favor of this project going forward. I believe it will add to the overall quality of life in our city. Thank you. Pam Marino 21597 Flintshire St. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. ~, ,, i = ~ _ __ _. ,..;~-. ~ L~ ti~. ~~, ._ _ , . ~. I______- ..~.._ ^^i 1OFRTINC) CITY CLE~b~: c~%5- zo-~ ~ j~ Linda Lagergren From: Carol Stanek [cstanek@echelon.com] Sent: Monday, May 19, 2008 10:16 PM To: Dolly Sandoval; Orrin Mahoney; Kris Wang; Gilbert Wong; Mark Santoro Subject: Stevens Creek Corridor Implementation Dear Council members, Over the past few years the Council has committed to an ambitious plan to redevelop Blackberry Farm. Now is the time to put those years of planning and saving to good use and move forward with the plan to make the Stevens Creek Trail through the Blackberry property a top notch park and trail, environmental preserve, and the wonderful neighborhood asset that we all know it can be. Of course it is difficult to spend savings in these tough economic times. However, it takes vision and leadership to make a lasting difference for our community and, by implementing the plan that has already been put in place, you have the opportunity to make a real difference to our Cupertino community for years, possibly generations to come. Of course, access to the Trail from all the neighborhoods will be critical to the success of the project. Today the most remarkable asset of Cupertino is our schools. We need to add to that to make Cupertino a terrific and safe place to walk and bike as well. Please continue to move forward with the vision of this plan and approve the appropriate bids as they are presented to you. Best regards, Carol Stanek I m {_-~ 1 'a 4 ~ ~ IA ~ ~~ 4i. {~ c~/S.-ZO-off ~ -(,o Linda Lagergren From: Rhoda Fry [fryhouse@earthlink.net] Sent: Tuesday, May 20, 2008 10:20 AM To: Dolly Sandoval; Orrin Mahoney; Kris Wang; Gilbert Wong; Mark Santoro Subject: Regarding item #16 Dear Council: First of all, thank you to whoever it was had the creek design altered to spare more trees in the creek design. This is an ambitious project and we know that there are numerous unknowns. Look to the Guadalupe project -hopefully, Cupertino will learn from San Jose's. Please ensure that sufficient funds are in place to MAINTAIN this project -this is stipulated in our budgets. Capital projects require maintenance budgets as well, and I haven't seen any yet. It would be tragic to move the creek to a new location (the creek is not being moved back to where it used to be - as evidenced by the loss of very old trees) and not have the funds in place to maintain it. At the beginning of the project, it looked like the overall cost from McClellan to Stevens Creek would be $5M (most if not all of which would be paid by grants). Now this project will likely exceed $20M. We were also led to believe that the event facility was making money for the City, when it fact it wasn't (this is apparent when looking at previous budgets). Decisions were made to continue the event facility based on incorrect financial assumptions. I'm guessing that through all the confusion, no one realized that 90% of the event facility users are non-residents. Note that the enterprise fund has a positive balance ONLY because it has been injected with funds from the general fund -otherwise it would be running at an extensive negative balance (my guess is around $1M). As I have mentioned before, it has come to my attention that a large maintenance building is planned within close proximity to a number of homes. This could pose health and safety issues, let alone visual and noise issues. Our own municipal codes stipulate that maintenance equipment be stored as far away from homes as possible, yet the plan stores the equipment AND chemicals as close as possible. I would urge you to find a more suitable location and a less costly building (compare to what we have now). Finally, I sure hope that there's enough money left over to repair our streets in Monta Vista (now that the City has completed annexation). I cannot come tonight since Justin is still ill although he seems to be getting better. It has been an awful year for us. Regards, Rhoda ~l MAY 2 0 2008 ~.:,~