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File #: 12-254    Version: 1 Name: 14901 E 14th St Remediation - ACCEPT - SR
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 6/4/2012 Final action: 6/4/2012
Enactment date: Enactment #:
Title: Staff Report for a Resolution Accepting the Work for the 14901 East 14th Street Remediation Project, Project No. 11-962-39-022
Related files: 12-255
Title
Staff Report for a Resolution Accepting the Work for the 14901 East 14th Street Remediation Project, Project No. 11-962-39-022
 
Staffreport
SUMMARY RECOMMENDATIONS
 
Staff recommends acceptance of the work, and filing of the Notice of Completion for the subject project.
 
BACKGROUND
 
In 1997, the City identified the intersection of East 14th Street / Hesperian Boulevard / 150th Avenue, known as "The Triangle", as an area requiring improvement to reduce traffic congestion and improve safety.  In 2002, the East 14th Street / Hesperian Boulevard / 150th Avenue Intersection Improvement project was approved as part of the Alameda County Transportation Improvement Authority (ACTIA) Measure B 1/2-cent sales tax reauthorization program.
 
The primary improvements of this estimated $5.4 million project include:  1) widening East 14th Street at 150th Avenue to add an additional eastbound left turn lane; 2) adding a dedicated southbound left turn lane on Bancroft Avenue at East 14th Street; and 3) installing dual northbound left turn lanes on Hesperian Boulevard at East 14th Street.
 
The road widening requires four small sections of property from properties adjacent to the intersection and a portion of land from the triangle-shaped property located at 14901 East 14th Street at the center of this intersection. This triangle-shaped property was most recently occupied by a Quality Tune-Up shop.  Due to the small size of the parcel, it was determined that the amount of land required for the project would render the remainder unsuitable for commercial use and the Redevelopment Agency acquired the entire parcel in 2009.
 
Various businesses have resided on the Quality Tune Up site in the past, including a laundry service and a gas station.  The City conducted an environmental review to determine if any contamination existed.  The findings were that the level of  contamination required remediation as mandated by the State Clean Water Board, with Alameda County Environmental Health Services (ACEH) providing oversight. The former property owner is the responsible party for the clean up, and funds were set aside to perform the work from proceeds from the sale of the property to the Redevelopment Agency.  
 
The remediation of the site was conducted under this contract.  The site is now graded and fenced.  Monitoring wells will be installed to monitor the effectiveness of the cleanup for one year. Quarterly reports will be submitted to ACEH for review. The City anticipates that final site closure will be granted by ACEH at the end of the monitoring period.   In the meantime, the street improvements are being designed and construction is expected to commence in 2015.
 
Analysis
 
On September 19, 2011, Dillard Trucking, Inc. was awarded the contract by submitting the lowest responsive bid in the amount of $175,417.65.  Construction began on April 10, 2012 and was completed on April 23, 2012.  All work has been done in accordance with the project specifications and City standards.
 
Previous Actions
 
·      On May 1, 2000, by Resolution No. 2000-63, the City Council recommended that Alameda County place Measure B (extension of the ½-cent sales tax for transportation projects) on the November ballot
·      On March 18, 2002, by Resolution No. 2002-35, the City Council authorized the City Manager to enter into a Master Funding Agreement with ACTIA for Measure B Programmatic Pass-Through Funds
·      On July 1, 2002, by Resolution No. 2002-96, the City Council authorized the City Manager to enter into a Master Funding Agreement with ACTIA for Measure B capital project funds
·      On September 16, 2002, by Resolution No. 2002-129, the City Council authorized the City Manager to enter into a Project Scoping Agreement with ACTIA for ACTIA Project No. 19--East 14th Street/Hesperian Boulevard/150th Avenue Improvements for Measure B 2000 Capital Project Funds
·      On September 2, 2008, by Resolution No. 2008-108, the City Council authorized the City Manager to execute real property agreements for the properties required for this project
·      On December 15, 2008, by Resolution No. 2008-145 RDA, the Redevelopment Agency of the City approved a cooperative agreement between the City and the Redevelopment Agency for the purpose of undertaking redevelopment activities within the redevelopment area at a cost of $1,300,000 to the Redevelopment Agency for the East 14th Street/Hesperian Boulevard/150th Avenue Intersection Improvement project, Project No. 144-39-001
·      On January 18, 2011, by Resolution No. 2011-006, the City Council approved a Contractual Services Agreement with Ninyo & Moore relating to the East 14th Street/Hesperian Boulevard/150th Avenue Intersection Improvement project (provided for consultant services related to soil remediation at 14901 East 14th Street for the subject project)
·      On June 20, 2011, by Resolution No. 2011-118, the City Council approved Plans and Specifications and Called for Bids for the subject project
·      On September 19, 2011, by Resolution No. 2011-171, the City Council awarded a construction contract to Dillard Trucking, Inc. for the subject project
 
Applicable General Plan Policies
 
Policy 18.02 - Capital Improvements:  Identify capital improvements and other measures, which improve the safety of bicyclists, pedestrians, and motor vehicles on San Leandro streets.
 
Permits and/or Variances Granted
 
An Oro Loma Sanitary District discharge permit was obtained and finalized.
 
Environmental Review
 
A Negative Declaration was previously prepared for this project and referenced as State Clearinghouse Number SCH 2005102131; as the proposed project will have no significant effect on the area's resources, cumulative or otherwise.
 
Fiscal Impacts
 
The total project cost of the improvements to the intersection of East 14th Street and Hesperian Blvd is $5,400,000.
 
The cost of the remediation performed under this contract is the responsibility of the former property owner, and the City will be reimbursed as prescribed by the terms of both the purchase and sale agreement and escrow agreement.
 
The cost of this construction contract was $170,332.38, as follows:
 
Original Contract       $ 175,417.65
Contract Change Orders      $    (7,706.94)
Total Contract Amount      $  167,710.71
 
Budget Authority
 
The funding for the purchase and remediation of this property was originally appropriated on December 15, 2008 in account no. 962-39-022.  Per the Purchase and Sale Agreement executed December 2009 between the Redevelopment Agency and the Seller of the 14901 East 14th Street property, a Cleanup Revolving Fund in the amount of $473,750 was established in an escrow account.  The City is eligible for  reimbursement from this fund for costs related to remediating the property.
 
In February, 2012, the 962-39-022 account was closed to reflect the State's decision to dissolve redevelopment agencies, and the remaining appropriation was transferred into account no. 982-39-022, an account to reflect the City acting as the Successor Agency to the former Redevelopment Agency.
 
The remediation component of the project is fully funded by existing appropriations in account no. 982-39-022-5240.
 
ATTACHMENTS
 
None.
 
 
PREPARED BY:  Nelson Lam, Assistant Engineer, Engineering and Transportation