(b) Approve a ten percent contingency in the amount of $304,024; and

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COUNCIL AGENDA: 6/9/15 ITEM: <?. <3T CITY OF 5^ ZSk SAN JOSE CAPITAL OF SILICON VALLEY Memorandum TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: 7177-AUTUMN PARKWAY EXTENSION PROJECT - PHASE 1C FROM: Barry Ng Jim Ortbal Richard Keit DATE: Approved Date 5 V\[Vd RECOMMENDATION COUNCIL DISTRICT: 3 (a) Approve award of a construction contract for the 7177-Autumn Parkway Extension Project - Phase 1C (Coleman Avenue to West Julian Street) to the lowest responsive bidder, Ghilotti Construction Company, Inc. in the amount of $3,040,240; (b) Approve a ten percent contingency in the amount of $304,024; and (c) Adopt a resolution authorizing the City Manager to negotiate and execute a Compensation Agreement between the City and various local taxing entities so that the City can obtain the property required for the Autumn Parkway Extension Project - Phase 1C from the Successor Agency to the Redevelopment Agency of the City of San Jose and authorizing the City Manager to accept such property upon transfer. OUTCOME Approval of the construction contract will allow the construction of the Autumn Parkway Extension Project - Phase 1C to proceed, and authority to enter into a Compensation Agreement will allow for the transfer of the underlying property necessary for the Project to the City at no cost. Approval of a ten percent contingency will provide funding for any unanticipated work necessary for the proper construction and completion of the project. BACKGROUND The City's economic development strategy identifies development of the Diridon Station area as a priority strategic goal to help ensure the City's long-term economic success. A key transportation investment to serve that area is the extension of Autumn Parkway from Coleman Avenue to the

Page 2 Diridon area. This extension is planned to be completed in various phases. Phase 1 work was divided into three sub-phases. Phase 1 A, addressed the requirements of the Public Utilities Commission (PUC) and Union Pacific Rail Road (UPRR) that constructed a 200 foot roadway section in order to activate the new crossings and close the two existing crossings at Cinnabar Street. Phase 1A was completed and accepted by PUC in June 2014. Phase IB demolished all existing building structures along the Autumn Parkway alignment and addressed all issues related to hazardous materials and historical and archeological resources in advance of Phase 1C. Phase IB work was completed in March 2014. Phase 1 work was funded by the San Jose Redevelopment Agency prior to the agency's elimination by the State. Phase I work from Coleman Avenue to West Julian Street is now being funded through the City's Traffic Capital Improvement Program. The Phase 1C project scope includes construction of a new roadway that will extend Autumn Parkway from Coleman Avenue to West Julian Street (see attached map). The project will also construct and complete the missing section of the existing Guadalupe River Trail at this location. The new roadway will incorporate new sidewalk and curb ramps that comply with current ADA standards, new storm drainage structures, new streetlight and pedestrian lighting systems utilizing LED luminaires, a new traffic signal system, traffic striping, markings and signage. The project will also install new, and modify existing, irrigation systems and install trees and plantings for Low Impact Development (LID) facilities. The LID facilities are required to satisfy the C.3 provisions of the Municipal Regional Stormwater Permit (MRP) requirements for land disturbance of more than 10,000 SF. The Successor Agency (SARA) owns the underlying property and the property will ultimately be transferred to the City upon execution of a Compensation Agreement between the City and the affected taxing entities. SARA and County staff are currently in the process of finalizing the Compensation Agreement. Once the agreement is finalized, staff will commence to obtain the signatures of the other taxing entities. ANALYSIS Bids were opened on April 16, 2015 with the following results:

' Page 3 BIDDER'S NAME CITY BID AMOUNT VARIANCE Ghilotti Construction Company, Inc. Goodfellow Top Grade Construction, LLC. % UNDER/OVER ENGINEERS ESTIMATE Santa Rosa $3,040,240.00 ($209,760.00) -6% Livermore $3,079,965.00 ($170,035.00) -5% RGW Construction, Inc. Livermore $3,139,518.50 ($110,481.50) -3% Engineer's Estimate - $3,250,000.00 - - Anderson Pacific Engineering Construction, Inc. Santa Clara $3,352,923.00 $102,923.00 3% Granite Rock Company Watsonville $3,395,142.00 $145,142.00 4% Wattis Construction Co., Inc. San Jose $3,458,232.00 $208,232.00 6% Galeb Paving, Inc. Saratoga $3,527,627.36 $277,627.36 9% All bid documents have been evaluated and found to be in order. The lowest bid submitted by Ghilotti Construction Company, Inc. in the amount of $3,040,240 is 6% below the Engineer's Estimate. Staff considers this bid competitive and acceptable and recommends that the construction contract be awarded to Ghilotti Construction Co., Inc. Ghilotti Construction Company, Inc. will be working with the City of San Jose for the first time. However, they have successfully completed similar projects with other public agencies including Caltrans, County of Marin, and City of Pleasanton. Ghilotti's statements of experience and references have been verified with the respective agencies. The recommended ten percent contingency for this project is consistent with the Council Policy for this type of construction contract. The budgeted project funds are sufficient to provide for the recommended contract and contingency amounts. Phase 1C is expected to start construction in September 2015 with completion by March 2017. The Compensation Agreement will allow the property necessary for Phase 1C of the Project to be transferred to the City at no cost, provided that the City holds the Property in trust to be used as a public right of way. The Compensation Agreement will also include an express condition that if the City (A) fails to construct the Phase 1C project and formally accept the Property into the City road system within five (5) years after the date the Property is transferred to the City, or (B) fails to use the Property as a public right of way for a period of thirty (30) years, the Property will revert to the Successor Agency. With the approval of this action, these conditions should be easily satisfied. Staff is working to get the Compensation Agreement finalized as soon as

Page 4 possible, however, given the large number of affected local taxing entities, obtaining signatures could take several months or more. Since all of the underlying property is owned by the Successor Agency and staff is proceeding diligently to finalize the Compensation Agreement, the risk of awarding the contract without the City holding title to all of the underlying property for the Project is that some amount of compensation may be required to finalize the Compensation Agreement. If additional compensation is required to obtain the Property, staff will return to the City Council to identify and obtain authority for any additional compensation and to inform the Council about the status of the Compensation Agreement. Staff will notify the City Council once the Compensation Agreement has been fully approved and signed by all of the affected taxing entities. EVALUATION AND FOLLOW-UP This project is currently within budget and on schedule. No additional follow up action is expected at this time. PUBLIC OUTREACH PW and DOT staff have coordinated this project with the affected property owners and surrounding businesses on several occasions. Several meetings were held directly with stakeholders throughout the project development, design process, and construction of the previous phases of the project. To solicit contractors, this project was listed on Bidsync and was advertised in the San Jose Post Record. This project will be posted to the City's website for the June 9, 2015 Council Agenda. COORDINATION This memo has been coordinated with the Department of Planning, Building and Code Enforcement, the City Attorney's Office, and the City Manager's Budget Office. FISCAL/POLICY ALIGNMENT This project supports the Transportation and Aviation Services City Service Area goal to preserve and improve transportation assets and facilities. The extension of Autumn Street from Coleman Avenue to West Julian Street will create a new roadway connection between 1880 and the downtown area. This will enhance the transportation system by providing options for those wishing to drive into downtown San Jose as well as relieve the demand on other existing routes.

Page 5 COST IMPLICATIONS 1. COST OF PROJECT: Project Delivery $2,083,736 Construction Contract 3,040,240 Contingency (10%) 304,024 Total Project Costs $5,428,000 Prior Year Expenditures (787,065) Remaining Project Costs $4,640,935 2. COST ELEMENTS OF CONTRACT for LOWEST BIDDER: Sub Project/Phases Total Cost Utility Work and Permits $70,750 Storm Sewer System 219,690 Bio-Retention Facilities (LID) 600,320 Landscaped Median Island 291,540 SWPPP 90,000 Site Preparation 138,610 Roadway Work 194,275 Asphalt Work 528,975 Trail Work including Lighting System 75,500 Concrete Work 318,280 Traffic Signal System 316,400 Street and Pedestrian Lighting System 144,000 Traffic Signage and Miscellaneous Work 51.900 TOTAL CONTRACT AMOUNT $3,040,240 3. SOURCE OF FUNDING: 429 - Building & Structure Construction Tax Fund 4. OPERATING COSTS: The proposed operating and maintenance costs of this project have been reviewed and it has been determined that the project will have no significant adverse impact on the General Fund operating budget.

. Page 6 BUDGET REFERENCE The table below identifies the fund and appropriation proposed to fund the contract recommended as part of this memo. Fund # Appn # Appn. Name RC# Total Appn Remaining Project Costs $4,640,935 Amt. for Contract 2014-2015 Adopted Capital Budget Current Funding Available Autumn 429 7389 Street Extension 177425 $10,974,000 $3,040,240 V-877 Total Funding for Project $10,974,000 $3,040,240 V-877 Last Budget Action (Date, Ord. No.) 10/07/2014, Ord. No. 29496 CEOA The Coleman Avenue/Autumn Street Improvement Project EIR, File No. PP06-166, Resolution No. 74870, adopted April 7, 2009. /s/ BARRY NG Interim Director of Public Works /s/ JIM ORTBAL Interim Director of Transportation /s/ RICHARD A. KEIT Managing Director, Successor Agency to the Redevelopment Agency For questions, please contact Michael O'Connell, Deputy Director, Public Works Department, at 408-535-8300.

Council District 3 7177 - Autumn Parkway Extension Project Phase 1C (Coleman Avenue to West Julian Street) Location Map Updated 5/15/2015 200 East Santa Clara Street Tower, 5th Floor San Jose, Calif. 95113-1905