HomeMy WebLinkAbout05/19/1998, C10 - PENNINGTON CREEK RIPARIAN ENHANCEMENT-AWARD OF CONTRACT councit M,Y /9 1"8
j acEnaa REpout ra
C I TY O F SAN LU IS 0 8 1 S P 0
FROM: John Moss,Utilities Directo
Prepared by: Dan Gilmore,Utilities E
SUBJECT: Pennington Creek Riparian Enhancement-Award of Contract
CAO RECOMMENDATION:
Award and authorize the Mayor to execute a contract with Maino Construction for construction of
the Pennington Creek Riparian Enhancement Project in the amount of$180,341 and authorize the
transfer of an additional$25,000 from the Water Fund(working capital)to cover construction costs
and contingencies.
DISCUSSION:
Project Summary
Staff has been working for more than three years to resolve a protest by the California Sportfishing
Protective Alliance (Ca1SPA), develop the Pennington Creek Steelhead Habitat Restoration Plan,
and secure engineered design of the Pennington Creek Riparian Enhancement Project. All of these
project components are necessary to satisfy a requirement that was written into the City's permit to
take water from Whale Rock Reservoir. There are a total of four sites along Pennington Creek that
are involved in this project. Near Cuesta College,an old diversion dam was partially removed by
Department of Fish and Game (DFG). The construction of several concrete weirs and the
formation of step pools are still needed at this site to facilitate fish migration during low flows.
The second location is the Highway 1 crossing near Cuesta College. A hydrologic/hydraulic study
was performed by a consultant to the City and a permit has been obtained from Caltrans for this
work. The proposed mitigation at this site involves the construction of two rock weir step pools
below the culvert, and the installation of"Washington baffies" in the culvert to create a low-flow
channel and provide for steelheadpassage.
The third location is the Rancho El Chon:o diversion dam. This is another man-made structure
which was installed to divert water to a small reservoir at Rancho El Chorro. This project involves
the construction of a fish ladder type structure that will facilitate fish migration during low flows.
The fourth site is a small creek crossing created by the construction of a gravel access road over two
large corrugated metal culverts. The minimum improvements required at this location would
involve the construction of two to three rock weir step pools to back-flood the culverts. A preferred
project alternative involves replacing the culverts with a clear-span type bridge structure,allowing
the flow line of the creek to revert back to its original state.
�iD-/
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Council Agenda Report-Pennington Creek Riparian Enhancement
Page 2
Background
On November 19, 1996, Council approved the Request for Proposals for the design of the
Pennington Creek Steelhead Habitat Restoration Project and authorized the CAO to award the
consultant services contract if the amount of the bid was less than$25,000.
The consultant services contract was awarded to John L.Wallace&Associates for a fee of$17,800.
After the project was awarded, staff became aware of grant money that is available for wildlife
habitat restoration projects such as ours. Subsequently,on April 1, 1997,Council authorized staff
to apply to the State Department of Fish and Game - Wildlife Conservation Board for$30,000 in
grant finding,and the grant was awarded on August 14, 1997. The funding is specifically for the
preferred alternative at Site#4. The enhancement to Site#4 of the project involves the removal of
corrugated metal culverts that prevent fish migration and replacement with a clear span arch culvert
or bridge type structure. Without the grant finding,the site would be restored by constructing a
series of rock dams in the creek that would backflood the culverts and allow fish to migrate through
them. The Department of Fish and Game has stated their preference for the bridge solution to the
fish migration barrier at this location.
With CAO approval,staff submitted a proposal to receive an additional$40,000 in grant finding,
subject to Council approval. On March 17, 1998, Council approved the grant application,along
with the plans and specifications for the project,and authorized solicitation of bids. Based on the
final plans and specifications,the City's engineering consultant prepared a final construction cost
estimate that was higher than the available budget Therefore,at the Council meeting of March 17,
an additional $25,000 was allocated to the project from fiord balance, recognizing that the
additional grant money was not guaranteed In the same action, Council authorized the CAO to
execute any grant agreements and property access agreements,and to award the contract if the low
bid was within the engineer's estimate. The low bid came in substantially higher than the engineers
estimate, which is due to the unique nature of the project and a very active bidding climate.
Fortunately, staff recently received approval of the proposal for an additional $40,000 in grant
fimding (approval letter attached). Therefore, staff is asking Council to -award the contract to
Mauro Construction and authorize the Mayor to execute the contract on behalf of the City.
CONCURRENCES:
The City Natural Resources Manager concurs with the desirability of the enhanced project and
concurs with the recommended actions.
FISCAL UA PACT:
This project is identified in the 1997-99 Financial Plan-Approved 1997-98 Budget,page E-5. The
more detailed budget reference can be found in Appendix B - Capital Improvement Plan Projects,
page 37. The 1997/99 budget identified $25,000 for design and $125,000 for construction. On
March 17, 1998,Council authorized transfer of an additional$25,000 from find balance. On April
20, 1998,the Department of Fish and Game approved the grant proposal for an additional$40,000
to support this project The design services for the project resulted in a total cost of$31,185.
Therefore,there is a remaining budget of$183,815 available for construction. The fimds needed to
proceed with construction are shown below:
Council Agenda Report-Pennington Creek Riparian Enhancement
Page
ConstructionBid: $180,341
Contingencies: 28.474
TOTAL $2089815
An additional $25,000 is necessary to support completion of the construction of the project.
Adequate working capital is available in the Water Fund to fiord the proposed project and retain
balances within minimum policy levels.
Summary of Project Costs/Funding Sources
1996-97 CEP $25,000 Water Fund Design costs
1997-98CIP $125,000 Water Fund Construction costs
March 17, 1998 CAR $25,000 Water Fund-wrk capital Construction costs
Award-Fish&Game $40,000* Fish and Game Construction costs
May 19, 1998 CAR $25,000 Water Fund-wrk capital Construction costs
*This amount is requested to be advanced from Water Fund working capital until such time as the
grant fiords are received to reimburse the Water Fund.
ALTERNATIVES:
Because this project is a condition of our permit to take water from Whale Rock Reservoir,it can
not be deferred,delayed,or deleted.
Attachments:
Agreement
Bid Summary
Contractor's Bid
Grant Approval Letter
Budget Amendment Request
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day
of May, 1998, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter
referred to as City,Maino Construction,hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on March 28, 1998, City invited bids for the Pennington Creek Riparian
Enhancement Project,per Specification No. 95-28.
WHEREAS, pursuant to said invitation, Contractor submitted a proposal which was accepted by
City for said construction services.
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained,the parties hereto agree as follows:
1• TERM. The term of this Agreement shall be from the date of this Agreement is made
and entered,as first written above,until acceptance or completion of said construction services.
2. INCORPORATION BY REFERENCE. City Specification No. 95-28 and Contractor's
proposal dated April 30, 1998,are hereby incorporated in and made a part of this Agreement
3. CITY'S OBLIGATIONS. For providing construction services as specified in this
Agreement,City will pay and Contractor shall receive therefor payments based upon the actual quantities
ordered and received by City and the unit prices bid by Contractor.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City,Contractor agrees with City to do
everything required by this Agreement and the said specification.
5. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the Council of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference,shall constitute the complete agreement between the parties
hereto. No oral agreement, understanding, or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Contractor Maino Construction Company,Inc.
P.O.Box 1347
San Luis Obispo,CA 93406
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant
that each individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day
and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
City Clerk By: Mayor
APPROVED AS TO FORM: CONTRACTOR
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By signing below, the bidder acknowledges and confirms that this proposal is based on the information
contained in all contract documents, including the plans, specifications, special provisions, and addendum
number(s)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, -within ten days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid shall become the property of the City of San Luis Obispo.
Licensed in accordance%,,ith an act providing for the registration of contractors,License No. 426403
Expiration Date-.L/31/98 '
The above statement is made under penalty of pcpury,and any bid not containing this information"shall be
considered nonresponsive and shall be rejected"by the City.,
SIGNATURE OF BIDDER /
Thomas M. Maino, Vice-President
(Print Name and Title of Bidder)
Business Name (DBA): Maino Construction Company Incorporated
Owner/Legal Name: Same
Circle One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Michael M. Maino, President
Name Title
Thomas M. Maino, Vice-President
Name Title
Michaeline 'C. Maino, Secretary/Treasurer
Name Title
1122 Laurel Lane
Business Address: San Luis Obispo CA 93401
Street Address
P.O. Box 1347
San Luis Obispo, CA 93406
Mailing Address
City, State, Zip Code
805-543-7411 805-543-0514
Phone No Fax No.
Dated April 30 , 19 98 .
b
(Rev. 5-16-96) _
By signing below, the bidder acknowledges and confirms that this proposal is based on the information
number(s)contained in all contract documents, including the plans, specifications, special provisions, and addendum
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, "'thin ten days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid shall become the property of the City of San Luis Obispo.
Licensed in accordance 11-ith an act providing for the registration of contractors,License No. 426403
Expiration Date 8/31/9$
The above statement is made under penalty of perjury,and any bid not containing this information "shall be
considered nonresponsive and shall be rejected" by the City.,
SIGNATURE OF BIDDER
Thomas M. Maino, Vice-President
(Print Name and Title of Bidder)
Business Name (DBA): Maino Construction Company Incorporated
Owner/Lea
al Name: Same
Circle One: Sole-proprietor Partnership Corporation
List Part ners/Corpo rate.Offi cers:
Michael M. Maino, President
Name Title
Thomas M. Maino,. Vice-President
Name Title
Michaeline 'C. Maino, Secretary
/Treasurer
Name Title
1122 Laurel Lane
Business Address: San Luis Obispo CA 93401
Street Address
P.O. Box 1347
San Luis Obispo, CA 93406 '
Mailing Address
City, State, Zip Code
805-543-7411 805-543-0514
Phone No Fax No.
Dated April 30 19 98 .
(Rev. 5-16-96) b
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gonww
DEPARTMENT OF FISH AND GAME —
1416 NINTH STREET
P.O. BOX 944209
SACRAMENTO. CA 942442090
(916)653.6194
April 20, 1998
Mr. Dan Gilmore
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
Dear Mr. Gilmore:
I am pleased to announce that your fishery restoration proposal, number 088, for Pennington
Creek Riparian Enhancement Project, has been approved by the Citizens Advisory Committee
and the Director of the Department of Fish and Game(DFG) for Salmon and Steelhead Trout
Restoration Account funding in the amount of$40000. You will soon be contacted by a member of
my staff to initiate a grant agreement between you and the DFG to allow the project to be
implemented.
Please be reminded, you cannot incur any contract costs for work done prior to the date of the
agreement, and your agreement is not a valid legal document until you receive a fully executed
agreement signed by both parties and Department of General Services, if necessary, from the DFG's
Contracts Office. Due to the time involved in writing the agreements and legal procedures that
follow,we do not expect any agreements to be in place before June 15, 1998.
If you have any questions concerning the processing of your project's grant agreement, please
contact Mr. Michael Bird, of my staff, at the letterhead address or by telephone at(916) 654-5997.
ae
, Assistant Chief
Inland Fisheries Division
cc: Department of Fish and Game
Sacramento, California
Mr. Michael Bird
Mr. Harvey Reading � ^
I`'
Mr. Bob Snyder 1► ~'
Department of Fish and Game APR 2 219%
Yountville, California f