Legislation Details

File #: 2023-1261   
Type: Consent Calendar Item Status: Agenda Ready
File created: 10/4/2023 In control: Regional Parks
On agenda: 1/9/2024 Final action: 12/31/2025
Title: Tolay Lake Regional Gathering Area Construction Project
Department or Agency Name(s): Regional Parks
Attachments: 1. Summary, 2. Budget Resolution, 3. Contract, 4. Bid Tabulation, 5. Construction Plans, 6. Project Manual

To: Sonoma County Board of Supervisors

Department or Agency Name(s): Regional Parks

Staff Name and Phone Number: Karen Davis-Brown, 707-565-2041

Vote Requirement: 4/5th

Supervisorial District(s): Second

 

Title:

Title

Tolay Lake Regional Gathering Area Construction Project

End

 

Recommended Action:

Recommended action

A)                     Approve the Construction Plans and Project Manual (“plans and specifications”) entitled “Tolay Regional Park Gathering Area Construction Project.

B)                     Adopt a resolution authorizing a budget adjustment to the FY 2023-24 Tolay Lake Gathering Area Capital Project budget in the amount of $1,496,487 from Intergovernmental Mitigation Agreement funding. (4/5th Vote)

C)                     Award the construction contract to EF Brett and Company, Inc. for the base bid plus alternatives BA.1, BA.2, BA.3, BA.4, and BA.5 for the total amount of $1,861,239 and authorize the Chair of the Board to execute the contract.

D)                     Authorize the Director of Regional Parks (or their designee) to make as needed minor changes to the project required by the final conditions, agency approvals and other project conditions so long as the total does not exceed 10% of the total project cost.

(4/5th Vote Required) (Second District)

end

 

Executive Summary:

The Tolay Lake Gathering Area will be the first major feature constructed that has been co-designed with the Federated Indians of Graton Rancheria (FIGR) at Tolay Lake Regional Park. The park master plan identified the feature while the 2022 Tolay Lake Regional Park Co-Management Agreement between FIGR and Sonoma County Regional Parks provides a framework for close partnering on master plan implementation.

 

Tolay Lake was the site where ancestors of the Federated Indian of Graton hosted prominent seasonal events, and neighboring tribal communities traveled long distances to attend the gatherings for ceremony, celebration, and healing. The new Gathering Area, through its tribal influenced design, expresses the living and historical tribal culture and their significance of returning to the land through co-management of the park.

 

Once constructed, the Gathering Area will be programmed through a shared vision with Regional Parks and FIGR and be used by a wide variety of groups. The new space will support events, celebrations, ceremonies, and interpretive and school programs to educate and inspire community stewardship of local cultural and environmental resources.

 

 

 

 

Discussion:

Regional Parks and the Federated Indians of Graton Rancheria (FIGR) began partnering in 2004 on the acquisition of Tolay Lake Ranch, which would later become Tolay Lake Regional Park. In 2010, the Memorandum of Understanding: Tolay Lake Regional Park Interim Plan was executed between Regional Parks and FIGR that outlined cooperation on a broad range of cultural resource issues related to the Park Interim Plan. In 2011, the Memorandum of Agreement for the Tolay Lake Regional Park Master Plan and Environmental Review Process between the County of Sonoma and the Federated Indians of Graton Rancheria was adopted and created a framework and funding partnership for collaborating on the park master plan. In 2018, the Tolay Lake Regional Park Master Plan and Environmental Impact Report was adopted that established a shared vision for a 35-year park build out. A twenty-year Co-Management Agreement was signed by both governments in October 2022 solidifying the relationship between the government agencies in all aspects of protection, planning, operations, and maintenance of the park.

 

The Gathering Area represents the culmination of ideas contributed and improvements designed and speaks to the long-standing relationship between the two government agencies.

This one-of-a-kind amenity focuses on connecting the living tribe with their sacred landscape. It also creates a setting to bring people together to promote cultural and environmental understanding. In addition, this project contributes to addressing racial injustices by restoring a Coast Miwok connection to their ancestral lands.

 

State funding has been awarded to design and construct the Tolay Gathering Area. In 2022, Regional Parks received a $389,850 California Natural Resource Agency grant and a $203,663 Proposition 68, Per Capita grant from a State Parks. In addition, the Regional Parks Foundation is providing $80,000. Funding currently available is $673,513.

 

The total estimated cost to complete Tolay Gathering Area construction is $2,170,000 that includes the construction bid, project management, other minor improvements and permitting costs. Staff requests $1,496,487 in Intergovernmental Mitigation Agreement funding contributed by FIGR and managed by the County Administrators Office to complete this project. Funding for Community Benefit Programs including County Regional Parks and Open Space was established through an agreement between the County and FIGR.  The agreement requires consultation and agreement with the FIGR prior to expenditure of Community Benefit funds for Parks or Open Space District project.  The County has met and consulted with the tribe, and on December 15, 2023 the FIGR Tribal Council approved the spending plan.

 

The Tolay Lake Gathering Area Project bid was structured as a base bid with four (4) additive alternates, with the option to select a combination of base and additive alternates to determine low bid proposed for contract award. The engineers estimate provided by the consultant who developed the 100% plans and specifications was between $1.2 and $1.4 million.

 

The base bid construction includes an accessible entry promenade to stage and shade structure for large events, performances, and programs. Formal seating in front of the stage is also designed to center around a fire pit that can be opened and utilized creating space for more intimate ceremonial gathering and interpretative programs. Accessible pathways connect to existing parking and wind up the slope and through the site to interpretive teaching nodes defined by seat walls and circular patios with embedded messages of stewardship. Grassy amphitheater seating areas between pathways surround the stage and people can throw out a blanket or utilize benches for viewing large shows and events. Native trees and plants will be planted to provide space for ethnobotanical plants for traditional cultural practices and interpretation.

 

The project was sent to County Purchasing for posting on the portal on September 12, 2023, and was advertised for bidding on September 12th and 18th, in the Press Democrat.

 

On September 22, 2023 a mandatory pre-bid conference at Tolay Lake Regional Park was held to provide contractors a chance to view the project site and evaluate conditions for bidding.

 

On October 17, 2023 at 2:00 pm, bids were opened by the Purchasing Division. Two (2) responsive bids were received as shown in the attached Bid Tabulation.

 

Per California Public Contract Code Section 20128 the low responsive bid was that of EF Brett and Company, Inc. (contractor) in the amount of $1,861,239 for base bid and add alternatives BA.1, BA.2, BA.3, BA.4, and BA.5.  Staff is recommending that the Board approve the Construction Plans and Project Manual entitled “Tolay Regional Park Gathering Area Construction Project,” award the contract to low bidder EF Brett and Company, Inc. in the amount of $1,861,239, and delegate to the Director authority to approve change orders to the project documents and contract, so long as the total cost of such changes does not exceed 10% of the total project cost, as necessitated by the final conditions, agency approvals and other project contingencies.

 

 

Strategic Plan:

N/A

 

Racial Equity:

 

Was this item identified as an opportunity to apply the Racial Equity Toolkit?

No

 

Prior Board Actions:

Sonoma County Board of Supervisors accepted the County of Sonoma Capital Project Plan 2023-2028, including subject Tolay Lake Regional Park Gathering Area (September 12, 2023).

 

Approval to enter into a Co-Management Agreement for the Tolay Lake Regional Park in partnership with the Federated Indians of the Graton Rancheria for a twenty-year term (October 4, 2022).

 

Authorizes the Application for Grant Funding to apply for State Parks Per Capita Grant Program funds (resolution #21-0196; May 11, 2021).

 

Authorizes the Application for Grant Funding for The Cultural, Community & Natural Resources Grant Program for Tolay Lake Gathering Area (resolution #19-0371; September 17, 2019)

 

Certifies the Final EIR for the Tolay Lake Regional Park Master plan, Adopts a statement of overriding considerations for the project; approves the Master Plan, Amends the General Plan land use designation, designates the park property as an “Existing Park” on the General Plan Open Space maps; (resolution #18-0424, October 9, 2018); and approves extending the Memorandum of Agreement for Master Plan and EIR between the County of Sonoma and the Federated Indians of Graton Rancheria.

 

Approval to execute the Intergovernmental Mitigation Agreement between the County of Sonoma and the Federated Indians of Graton Rancheria (October 23, 2012).

 

 

Fiscal Summary

 Expenditures

FY23-24 Adopted

FY24-25 Projected

FY25-26 Projected

Budgeted Expenses

$673,513

 

 

Additional Appropriation Requested

$1,496,487

 

 

Total Expenditures

$2,170,000

 

 

Funding Sources

 

 

 

General Fund/WA GF

 

 

 

State/Federal

 

 

 

Fees/Other

$1,496,487

 

 

Use of Fund Balance

$673,513

 

 

Contingencies

 

 

 

Total Sources

$2,170,000

 

 

 

Narrative Explanation of Fiscal Impacts:

Total current year budgeted project funding is $673,513 from the Tolay Lake Regional Park Capital Project budget. Staff requests an additional $1,496,487 from Intergovernmental Mitigation Agreement funding.

 

Staffing Impacts:

 

 

 

Position Title (Payroll Classification)

Monthly Salary Range (A-I Step)

Additions (Number)

Deletions (Number)

 

 

 

 

 

 

 

 

 

 

 

 

 

Narrative Explanation of Staffing Impacts (If Required):

None

 

Attachments:

Budget Resolution

Contract

Bid Tabulation

Construction Plans

Project Manual

 

Related Items “On File” with the Clerk of the Board:

None