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ADOPT RESOLUTION TO AUTHORIZE THE SAFE ROUTES TO SCHOOL SAFETY AND CONNECTIVITY IMPROVEMENTS PROJECT
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RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1. Appropriate $210,000 from the Traffic Signal Public Facilities Fee Fund Balance to the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSCML-5008(189).
2. Appropriate $340,000 from the Street Improvements Public Facilities Fee Fund Balance to the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSCML-5008(189).
3. Appropriate $1,040,353 from the Air Quality Public Facilities Fee Fund Balance to the Safe Routes to School Safety and Connectivity Improvements, Project No WT19005/Federal Project No. ATPSCML-5008(189).
4. Transfer $373,393 of Measure K funds from the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005, to the Measure K Fund Balance.
5. Approve the Notice of Exemption No. NOE78-21 under the California Environmental Quality Act for Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSCML-5008(189).
6. Approve the plans and specifications for the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSCML-5008(189).
7. Award a Construction Contract in the amount of $5,521,230 to Dirt Dynasty, Inc. of Farmington, CA, for the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSCML-5008(189).
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 Safe Routes to School Safety and Connectivity Improvements project will construct bicycle lanes, missing sidewalk segments, install high visibility crosswalks, with rectangular rapid flashing beacons (RRFB), and upgrade existing curb ramps to Americans with Disabilities Act (ADA) standards near six elementary/middle and high schools (Attachment A - Vicinity Map).
The project was included in the 2017-22 Five-Year Capital Improvement Plan (CIP).
Design of the project was completed by Siegfried Engineering, Inc. of Stockton, CA, in February 2024. On May 1, 2024, the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPCML-5008(189), was advertised for bids. On June 6, 2024, three bids were received. Dirt Dynasty, Inc. submitted the lowest responsive bid in the amount of $5,521,230. Staff recommends award of the Construction Contract to Dirt Dynasty, Inc. in the amount of $5,521,230. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE78-21 under the California Environmental Quality Act (CEQA), approving the plans and specifications for the project, and taking all recommended financial actions. Construction of the project is anticipated to begin fall 2024.
The project is federally funded and subject to federal Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
The City secured federal and state funds for the construction of the Safe Routes to School Safety and Connectivity Improvements project under the Active Transportation Program (ATP), Affordable Housing and Sustainable Communities (AHSC), and Congestion Mitigation and Air Quality (CMAQ) Improvement grant.
The ATP is a State grant program created in 2013 by Senate Bill 99 and Assembly Bill 101. This program encourages increased use of active modes of transportation, such as bicycling and walking. The ATP program has both Statewide and Regional competitive levels of funding. Statewide competitive funds are administered by Caltrans, while San Joaquin Council of Governments (SJCOG) administers the Regional competitive funds. The project received $2,331,000 in ATP funds for construction.
In September 2021, SJCOG announced a call for projects for agencies within San Joaquin County for the Measure K Bicycle, Pedestrian and Safe Routes to School Smart Growth Incentive Programs and Congestion Mitigation and Air Quality (CMAQ). Measure K is a half-cent sales tax within San Joaquin County that provides revenues for transportation projects. CMAQ funding is available to reduce congestion and improve air quality for areas that do not meet the National Ambient Air Quality Standards for ozone, carbon monoxide, or particulate matter (nonattainment areas) and for former nonattainment areas that are now in compliance (maintenance areas). The project received $1,495,393 in CMAQ funds for construction.
The project further received $1,000,000 in AHSC funds for construction. The AHSC program is administered by the Strategic Growth Council and implemented by the Department of Housing and Community Development. ASHC assists project areas by providing grants and/or loans that will achieve greenhouse gas reductions and benefit disadvantaged communities through increasing accessibility of affordable housing, employment centers and key destinations via low-carbon transportation resulting in fewer vehicle miles traveled through shortened or reduced trip length or mode shift from single occupancy vehicle use to transit, bicycling, or walking.
Since the project is funded, in part, with federal transportation dollars, DBE program rules apply. DBE rules require that the prime contractor either meet a calculated project-specific DBE participation goal or undertake and document good faith efforts to do so. If the apparent low bidder does not meet the project goal, a Good Faith Efforts Evaluation must be made examining several specific factors. Failure to meet the goal or provide evidence of adequate good faith efforts are grounds for rejecting the bidder as non-responsive.
A DBE is a socially and economically disadvantaged small business owned by a woman or by a specific group that has been properly certified by Caltrans. The groups include:
• African American
• Asian Pacific American
• Native American
• Women
• Hispanic American
• Subcontinent Asian American
A DBE goal of 21 percent was established for this project. The goal was calculated by examining the breakdown of the types of work to be performed, and the availability of certified DBE companies in our market area to perform the work.
The federal funding restrictions prohibit the use of the Local Employment Ordinance (Stockton Municipal Code (SMC) section 3.68.095) and the Local Business Preference Ordinance (SMC 3.68.090).
Present Situation
On May 1, 2024, the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPCML-5008(189), was advertised for bids. On June 6, 2024, three bids were received with the following results:
BASE BID PLUS BASE BID BID BID ALTERNATE
COMPANY NAME BID AMOUNT ALTERNATE 1 ALTERNATE 2 1 AND 2
Dirt Dynasty, Inc. $4,524,000.00 $387,380.00 $609,850.00 $5,521,230.00
United Pavement
Maintenance, Inc. $4,789,660.50 $359,900.00 $620,310.00 $5,420,010.50
Ray’s Electric $4,701,283.00 $429,919.00 $830,850.00 $8,962,052.00
Engineer’s Estimate $6,120,714.00
The contract award is based on the lowest responsive bid for the Base Bid. It is the City’s sole discretion to add, or not add, the Alternative Bid(s) to the Base Bid contract. The base bid from Dirt Dynasty, Inc. is the lowest responsive bid and regular in all respects. Dirt Dynasty, Inc. has the proper license to perform the work and has proposed a DBE participation of 35.85 percent DBE goal. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Dirt Dynasty, Inc. of Farmington, CA, in the amount of $5,521,230 for the base bid plus alternate 1 and 2.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. This resolution will approve the filing of Notice of Exemption No. NOE78-21 under CEQA. Construction is anticipated to be completed by winter 2025.
FINANCIAL SUMMARY
There are insufficient funds in the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSCML-5008(189), to award a Construction Contract in the amount of $5,521,230 to Dirt Dynasty, Inc.
With the appropriation of funds in the amounts of $210,000 from the Traffic Signal Public Facilities Fee (PFF) Fund Balance, $340,000 from the Street Improvements PFF Fund Balance, and $1,040,353 from the Air Quality PFF Fund Balance, there will be sufficient funding to award a Construction Contract with Dirt Dynasty, Inc. of Farmington, CA, for the Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSCML-5008(189).
Further, $373,393 of Measure K Funds will be transferred from the School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSCML-5008(189), to the Measure K Fund Balance.
There is no impact to the City’s General Fund as a result of taking these recommended actions.
Attachment A - Vicinity Map