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RTC#03-087

March 18, 2003

SUBJECT:

Award of Bid #F0212-51 for the Improvement of the Java Drive Sidewalks, Amendment to Cost Sharing Agreement with VTA and Budget Modification No. 36 (RTC#03-087)

REPORT IN BRIEF

Approval is requested for the award of a contract to Joseph J. Albanese, Inc., of Santa Clara for Java Drive sidewalk improvements for the Department of Public Works Project Administration Division (Project #ST-96/02-98). Approval is also requested for an amendment to an existing Cost Sharing Agreement with the Valley Transportation Authority (VTA) and Budget Modification No. 36 for additional funding for this project.

BACKGROUND

Java Drive comprises a portion of the alignment of the Tasman light rail corridor. Two light rail stations along Java Drive serve employers in the area. Late in the design process for the Tasman West light rail project, the VTA recognized that sidewalks in the area of Java Drive were insufficient to provide a suitable connection between light rail stations and nearby businesses. However, adding sidewalk improvements into the light rail transit project at the time was not possible because of time and bidding constraints. The VTA negotiated with the City to construct these sidewalks; and in July 1998, City Council approved a Cost Sharing Agreement to provide funds for a City–managed project. This agreement also called for the City to pursue additional funding for sidewalks in the area, particularly from Transportation Development Act (TDA) funds.

As part of this agreement, the VTA offered to contribute $ 375,000 to the City for the construction of sidewalk on various portions of Java Drive. This contribution was offered by the VTA to meet mitigation requirements for the Tasman project and as "seed money" to encourage further future sidewalk construction in the area by the City.

In order to construct the project, acquisition of rights of way was required. No public right of way was available, and the project budget was insufficient to acquire property. The City then proceeded to negotiate with property owners along Java Drive from Mathilda Avenue to Crossman Drive for property rights to retrofit sidewalks behind existing curbs and within existing mature landscape areas. Voluntary easements were requested. The project also required the acquisition of access rights from the Santa Clara Valley Water District for access over the Sunnyvale West Channel. After a lengthy right of way acquisition process, fourteen of sixteen properties along Java Drive, currently without sidewalks in the segment in question, have agreed to participate in the project at no right of way cost to the City.

In January 2000, the City dedicated a portion of TDA grant revenues in the amount of $ 49, 295 to Java Drive Sidewalks Project to cover anticipated increased costs.

EXISTING POLICY

Land Use and Transportation Element: Goal C3-Attain a transportation system that is effective, safe, pleasant, and convenient.

Land Use and Transportation Element: C3.5.4 Maximize the provision of bicycle and pedestrian facilities.

Land Use and Transportation Element: C3.5.7 Ensure safe and efficient pedestrian and bicycle connections to neighborhood transit stops.

Land Use and Transportation Element: C3.6.1 Develop clear, safe, and convenient linkages between all modes of travel; including, access to transit stations and stops, and connections between work, home, and commercial sites.

DISCUSSION

Approximately 2,700 linear feet of sidewalk needs to be constructed, serving two light rail stations directly. The project also closes a major gap in the neighborhood sidewalk network, connecting completed sidewalk systems on Fair Oaks Avenue and Mathilda Avenue.

Bid specifications were prepared by Public Works and Purchasing Staff. Because of time constraints on the VTA contributions and as yet unsecured rights of way, the bid was structured as a Base Bid with seven Additive Alternates, each representing an additional parcel with unsecured right of way. The Notice Inviting Bids was published in The Sun on December 18, 2002. The bid package was distributed to Bay Area Builders Exchanges and broadcast to potential contractors through the DemandStar by Onvia public procurement network. Nineteen contractors requested documents. Sealed bids were publicly opened on January 22, 2003.

 Five responsive bids were received.

Bidder

Base Bid

 

 

Engineer's Estimate

$259,000

Joseph J. Albanese, Inc., of Santa Clara

$214,717

Lucas Concrete, Inc., of Fremont

$295,903

Golden Bay Construction, Inc., of San Carlos

$319,821

Wattis Construction Co., Inc., of San Jose

$322,071

Sposeto Engineering, Inc., of Union City

$344,594

Staff recommends acceptance of the Base Bid and Additive Alternates #1 (Parcel #3126, Assess #110-26-043), #6 (Parcel #3115) and #7 (Parcel #3110) for total construction costs of $299,355 from Joseph J. Albanese, Inc., of Santa Clara, the lowest responsible and responsive bidder.

A determination was made that this project will have no significant effect on the environment in accordance with CEQA guidelines for categorically exempt projects.

FISCAL IMPACT

Project costs include:

Construction (Base Bid and Additive Alternates 1, 6 and 7)

$299,355

Contingency (15 % of construction)

$ 44,903

Total cost

$344,258

The Java Drive Sidewalks Project is partially funded through a Cost Sharing Agreement with the Valley Transportation Authority. Funds for this project are budgeted in the Java Drive Sidewalks project. Due to recent budget constraints at the Valley Transportation Authority, the VTA has indicated the need to reduce its contribution to the project (see Attachment 1). At this time, a Cost Sharing Agreement amendment and budget modification is recommended to recognize the reduced revenue from $375,000 to $150,000. A draft amended agreement is included as Attachment 2.

In order to maximize the provision of facilities and utilize all negotiated property easements as well as utilize construction efficiencies, staff is recommending funding for all sidewalk construction opportunities on property easements. Staff recommends that supplementary funding beyond VTA and TDA funds come from Regional Mitigation Funds. These funds are intended to mitigate the impacts of new development in Sunnyvale upon regional transportation facilities per Congestion Management Program requirements. The Java Drive Sidewalk Project is recognized by the VTA Congestion Management Program as an eligible mitigation (see Attachment 3). In this manner, the project will help meet CEQA requirements for mitigation of transportation impacts from new development. Because of non-participation on the part of some property owners and value engineering efforts, total lifetime project costs will actually fall below initial estimates by $ 30,037.

Java Drive Sidewalks total project life cost is $ 400,000. The VTA has reduced its potential financial contribution from $ 375,000 to $150,000. An additional $49,295 is budgeted from TDA revenues. Staff is recommending a budget modification to reduce the available VTA revenue for the project and supplement the project budget from the Future Land Use & Transportation Reserve (Regional Mitigation) in the amount of $ 219,963. Approval of this budget modification reduces outside revenue to the City budget and supplements and augments the loss of revenue with allocation of unallocated Regional Mitigation Funds. There is no negative fiscal impact from this allocation.

 

BUDGET MODIFICATION No. 36

FISCAL YEAR 2002/2003

Gas Tax Fund

Current

Increase

(Decrease)

Revised

Revenue:

 

 

 

 

 

 

Valley Transportation Authority

 

$ 375,000

 

($225,000)

 

$ 150,000

Expenditure:

Project 820690 – Java Drive Sidewalks

$ 379,764 *

($ 30,037)

$ 349,727

Capital Projects Fund/

Traffic Mitigation Sub-Fund

Transfer-Out:

Future Land Use & Transportation Reserve (Regional Mitigation)

$1,354,445

($219,963)

$1,134,482

The original budget for the Java Drive Sidewalks project was $400,000, budgeted in FY 1998/1999. The current year’s budgeted amount of $379,764 represents remaining budgeted funds carried over to the current fiscal year, $330,469, plus $49,295 transferred in from the Special Revenue Fund for TDA Article 3.

 PUBLIC CONTACT

Public contact was made through posting of the Council agenda on the City's official notice bulletin board, posting of the agenda and report on the City's web page, and the availability of the report in the Library and the City Clerk's Office.

ALTERNATIVES

  1. Award the contract to Joseph Albanese, Inc. in the amount of $299,355.
  2. Authorize a contingency in the amount of $44,903.
  3. Approve the amended Cost Sharing Agreement for Modifications to the Tasman West Light Rail Project.
  4. Approve Budget Modification No. 36 to recognize reduced revenues for the Java Drive Sidewalks project, and supplement costs from the Future Land Use & Transportation Reserve (Regional Mitigation).
  5. Reject all bids and direct the staff to call for new bids.
  6. Do not approve the amended Cost Sharing Agreement and forego VTA funding.
  7. Do not approve Budget Modification No. 36 and direct staff to prepare a revised Budget Modification to reconcile reduced project revenues and close out project costs.

RECOMMENDATION

Staff recommends Alternatives #1, #2, #3 and #4.

Prepared by:
Elaine Wesely
Purchasing Officer

Reviewed by:
Mary J. Bradley
Director, Finance

Marvin Rose
Director, Public Works

Approved by:
Robert S. LaSala
City Manager

Attachments

  1. Letter From VTA to City, dated November 5, 2002
  2. Cost Sharing Agreement Amendment No. 2
  3. Letter From VTA to City dated February 27, 2003
  4. Draft General Construction Contract

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