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ADOPT A RESOLUTION TO APPROPRIATE FUNDS, APPROVE COOPERATIVE AGREEMENT, AND AWARD PROFESSIONAL SERVICES CONTRACT FOR THE DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $1,000,000 from the Public Facility Fees Street Improvement Fund balance to the Dr. Martin Luther King Jr. Boulevard Underpass Reconstruction, Project No. WT24030.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Approve a Cooperative Agreement with the San Joaquin Regional Rail Commission in the amount of $800,000 for the Dr. Martin Luther King Jr. Boulevard Underpass Reconstruction, Project No. WT24030.
4. Award a Professional Services Contract to Mark Thomas and Company, Inc. of Sacramento, CA, in the amount of $1,429,195 to implement the preliminary design and environmental document phase of project development for the Dr. Martin Luther King Jr. Boulevard Underpass Reconstruction, Project No. WT24030.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
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Summary
The Dr. Martin Luther King Jr. (MLK) Boulevard Underpass Reconstruction, Project No. WT24030, is located on MLK Boulevard between Grant Street and Airport Way (Attachment A). The project will construct a new bridge overpass to carry Union Pacific Railroad (UPRR) tracks over MLK Boulevard. The project will also remove the old, antiquated underpass structures, widen MLK Boulevard to create a multi-modal, Americans with Disabilities Act (ADA)-compliant transportation and underpass. The project was included in the 2023-28 Five-Year Capital Improvement Plan (CIP).
On June 5, 2023, the City advertised a Request for Proposals (RFP) for preliminary design and preparation of environmental documents for the MLK Boulevard Underpass Reconstruction, Project No. WT24030. On July 21, 2023, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Mark Thomas and Company, Inc. of Sacramento, CA, to be the more qualified firm to perform the scope of work on this project.
It is recommended that Council adopt a resolution appropriating funds, approving a Cooperative Agreement with the San Joaquin Regional Rail Commission (SJRRC), and authorizing the City Manager to execute a Professional Services Contract in the amount of $1,429,195 to Mark Thomas and Company, Inc. for preliminary design and environmental documentation services.
The SJRRC has agreed to partner with the City and fund 50 percent of the project costs, which currently consist of preliminary design plus contingency funds. Next steps will include preparation of final design documents and eventually, construction. It is anticipated that the preliminary design and environmental documents will be completed by December 2025.
DISCUSSION
Background
The MLK Boulevard corridor is a major east-west arterial that crosses south Stockton and connects to Interstate 5 and Highway 99. The MLK Boulevard underpass with the UPRR is located between Grant Street and Airport Way (Attachment A). The existing underpass has two railroad bridge structures that carry trains over MLK Boulevard. The underpass and bridge structures were constructed in the 1930s by the State and relinquished to the City sometime after the Crosstown Freeway was completed. The MLK Boulevard underpass does not meet current structure, roadway, or ADA standards. Further, the underpass is antiquated, in a state of disrepair, and does not accommodate present multi-modal needs of the community.
On September 25, 2022, the City and SJRRC entered into a Cooperative Agreement for the Stockton Diamond Grade Separation project. The Stockton Diamond Grade Separation project will eliminate a rail crossing intersection located between MLK Boulevard and Weber Avenue. The project is very large and will involve constructing approximately one mile of new track with bridges and the elimination of existing crossings. The Stockton Diamond Grade separation project Cooperative Agreement outlines a number of mutual objectives and/or projects that the City and SJRRC believe have strategic importance and should be pursued. One of those objectives is the reconstruction of the existing MLK Boulevard underpass. The Stockton Diamond Grade Separation will perform partial improvements to the existing underpass but will not fully reconstruct it. The City and SJRRC will enter into follow on cooperative agreements for the individual projects when they are implemented.
In 2023 and 2024, the MLK Boulevard Underpass Reconstruction project was the City’s priority project submitted for the One Voice advocacy program sponsored by the San Joaquin Council of Governments. The project was jointly sponsored by the SJRRC as it integrates and expands on improvements that will be performed to this underpass with SJRRC’s Stockton Diamond Grade Separation project. The One Voice project includes preliminary design and preparation of environmental documents as the first phase. Both State (California Environmental Quality Act) and federal (National Environmental Policy Act) environmental documents would be prepared so the project could receive federal and/or state funding. and be more competitive in future grant programs.
Preliminary engineering completes design work to the 50 percent level and defines the basic design of the structures, roadway, pumpstation, right of way constraints, and permitting needs with the UPRR and others. Future phased work will include final design, right of way acquisition, and construction as funding permits. Final design is anticipated to cost between $3-4 million as this phase of design work requires more extensive engineering, coordination with the railroad, permit coordination, right of way mapping and acquisition assistance, and utility relocation designs. The full cost for construction, including right of way, is estimated at $60M.
The City and SJRRC will continue to pursue funding opportunities in the future including advocating for funding through SJCOG’s One Voice process. Further, the City and SJRRC are proceeding with completing the preliminary engineering and environmental documentation to position the project more competitively for funding opportunities.
Present Situation
On June 5, 2023, the City advertised an RFP for preliminary design and preparation of environmental documents for the MLK Boulevard Underpass Reconstruction, Project No. WT24030. On July 21, 2023, two proposals were received from the following engineering firms:
• Mark Thomas and Company, Inc. (Sacramento, CA)
• Siegfried Engineering, Inc. (Stockton, CA)
The Selection Committee, comprised of Public Works and SJRRC staff, evaluated the proposals based on each firm’s understanding of work, experience with similar kinds of work, staff qualifications, technical ability, and project approach. Mark Thomas and Company, Inc. was found to be the more qualified firm to perform the scope of work on this project.
Staff negotiated a fee of $1,429,195 with Mark Thomas and Company, Inc. This fee is less than five percent of the estimated construction cost, which is reasonable for a project of this size and complexity. It is anticipated that the preliminary design and environmental documents will be completed by December 2025.
As stated above, The Stockton Diamond Grade separation project Cooperative Agreement only outlines mutual objectives and/or projects that the City and SJRRC believe should be pursued. A project specific Cooperative agreement has been created for completion of preliminary design and Environmental work for the Dr. MLK Blvd. Underpass project. The SJRRC has agreed to partner with the City and fund 50 percent of the cost of the consultant contract for preliminary design and environmental. work. The City will fund the remaining 50 percent and take the lead in administering the contract. It is recommended that Council adopt a resolution to approve a Cooperative Agreement with the SJRRC and award a Professional Services Contract in the amount of $1,429,195 to Mark Thomas and Company, Inc. for preliminary design and environmental documentation services. In the future, the next steps will include preparation of final design documents, right of way acquisition, and eventually, construction. It is anticipated that the preliminary design and environmental documents will be completed by December 2025.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staff available to design this project or prepare the environmental documents.
2. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of this criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
There are insufficient funds in Project No. WT24030 to award a Professional Services Contract in the amount of $1,429,195 to Mark Thomas and Company, Inc. With the appropriation of funds in the amount of $1,000,000 from the Public Facility Fee Street Improvement Fund balance, and approval of a Cooperative Agreement with the SJRRC in the amount of $800,000, there will be sufficient funding in Project No. WT24030, to award a Professional Services Contract to Mark Thomas and Company, Inc. in the amount of $1,429,195.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map