title
ADOPT RESOLUTION TO AUTHORIZE THE BUS RAPID TRANSIT PHASE V PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE16-19 under the California Environmental Quality Act for the Bus Rapid Transit Phase V, Project No. WT15016/Federal Project No. CML-5008(149).
2. Approve the plans and specifications for the Bus Rapid Transit Phase V, Project No. WT15016/Federal Project No. CML-5008(149).
3. Transfer funds in the amount of $200,000 from the Traffic Signal Modification Program, Project No. WT15029, to the Bus Rapid Transit Phase V, Project No. WT15016/Federal Project No. CML-5008(149).
4. Transfer funds in the amount of $100,000 from the Accessible Pedestrian Signals Program, Project No. WT15028, to the Bus Rapid Transit Phase V, Project No. WT15016/Federal Project No. CML-5008(149).
5. Transfer funds in the amount of $180,000 from the Public Facility Fees Streets Fund Balance to the Bus Rapid Transit Phase V, Project No. WT15016/Federal Project No. CML-5008(149).
6. Award a Construction Contract in the amount of $2,068,490 to Ray’s Electric of Oakland, CA, for the Bus Rapid Transit Phase V, Project No. WT15016/Federal Project No. CML-5008(149).
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 Bus Rapid Transit (BRT) Phase V project will provide the infrastructure to implement express bus service along segments of Weber Avenue, Downtown Transit Center, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street (Attachment A). The project was included in the 2017-22 and 2018-23 Five-Year Capital Improvement Plans (CIP).
On June 24, 2020, the BRT Phase V project was advertised for bids. The bids received were higher than the engineer’s estimate, and there were insufficient funds to award the project. Pursuant to Stockton Municipal Code (SMC), section 3.68.160(B), on December 15, 2020, by Motion No. 2020-12-15-1110, Council approved staff’s recommendation to reject all bids.
On November 17, 2021, the BRT Phase V project was readvertised for bids. On December 16, 2021, the City received five bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, Ray’s Electric, in the amount of $2,068,490. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE16-19 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.
To fully fund the construction of the project, staff recommends transferring funds in the total amount of $480,000 from various accounts, including the Traffic Signal Modification Program, Accessible Pedestrian Signals Program, and Public Facility Fees (PFF) Streets Fund Balance. Construction is anticipated to be completed by December 2022.
This project is federally funded and is subject to federal Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
The City has partnered with the San Joaquin Regional Transit District (SJRTD) to implement four phases of BRT. The City and SJRTD are now working to implement a fifth phase of BRT. BRT routes provide faster service, greater service reliability, and increased customer convenience when compared with regular transit service. SJRTD BRT provides service every 15 minutes during weekday peak hours, and every 30 minutes on weeknights, weekends, and holidays.
The City’s portion of the previous phased projects included managing the procurement and installation of the traffic signal pre-emption system and ensuring that equipment communicates with SJRTD buses and emergency vehicles. The pre-emption system consists of wireless devices mounted on buses and emergency vehicles that adjust the traffic signal controllers in their path to allow right-of-way, or in other words “green lights”, for approaching buses.
The first phase of the BRT project connected the Downtown Transit Center, Cesar Chavez Central Library, University of the Pacific, Delta College, Sherwood and Weberstown Malls, Lincoln Center, and Hammer Lane. This was completed in May 2008. Below is a brief chronology of subsequent phases underway or completed:
• Phase I-B - This route recently completed design and is tentatively scheduled to start construction in summer 2022. The Phase I-B project will extend service along segments of Pacific Avenue, Madison Street, Fremont Street, Center Street, Miner Avenue, and Sutter Street, and connect with other BRT routes at the Downtown Transit Center.
• Phase II - This project was completed in November 2013 and connected the Downtown Transit Center to the Stockton Metropolitan Airport via Weber Avenue, Miner Avenue, and Airport Way.
• Phase III - This route was completed in February 2014 and connected the Downtown Transit Center via Hammer Lane and Pacific Avenue.
• Phase IV - This project was completed in May 2019 and included segments of Dr. Martin Luther King Jr. Boulevard and Mariposa Road, providing connection to the Phase II corridors.
BRT Phase V will provide the infrastructure to implement express bus service along segments of Weber Avenue, Downtown Transit Center, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street (Attachment A).
The BRT Phase V project was included in the 2017-22 and 2018-23 Five-Year CIPs totaling $1,859,130 in competitive Congestion Mitigation and Air Quality (CMAQ) grant program funds made available through the San Joaquin Council of Governments (SJCOG) and required City local match funds in the amount of $245,870. In September 2019, staff requested and received authorization from Caltrans to proceed with the project construction.
On June 24, 2020, the BRT Phase V project was advertised for bids. On July 23, 2020, the City received four bids. PTM General Engineering Services, Inc., the low bidder, submitted a bid in the amount of $2,294,094. The bid was higher than the engineer’s estimate, and there were insufficient funds to award the project at the bid price. Pursuant to SMC section 3.68.160(B), on December 15, 2020, by Motion No. 2020-12-15-1110, Council approved staff’s recommendation to reject all bids. Staff reviewed the project for cost reduction opportunities while balancing the need to not impact the original grant project deliverables.
Since the project is funded 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 specified ethnic group that has been properly certified by Caltrans. These groups include:
• African American
• Asian Pacific American
• Native American
• Women
• Hispanic American
• Subcontinent Asian American
A DBE goal of 20 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. A pre-bid meeting was held on November 16, 2021, to emphasize the DBE requirements, and to provide information on how to meet the project DBE goal.
The federal funding restrictions prohibit the use of the Local Employment Ordinance (SMC section 3.68.095) and the Local Business Preference Ordinance (SMC section 3.68.090).
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project as federal regulations prohibit the use of such agreements.
Present Situation
On November 17, 2021, the BRT Phase V, Project No. WT15016/Federal Project No. CML-5008(149), was advertised for bids. On December 16, 2021, five bids were received with the following results:
COMPANY NAME BID AMOUNT
Ray’s Electric $2,068,490
(Oakland, CA)
Tennyson Electric, Inc. $2,197,225
(Livermore, CA)
PTM General Engineering Services, Inc. $2,499,000
(Riverside, CA)
St. Francis Electric, LLC $2,534,700
(San Leandro, CA)
Bear Electric, Inc. $2,571,180
(Elk Grove, CA)
Engineer’s Estimate $2,008,985
The bid from Ray’s Electric, the lowest responsible bidder, is regular in all respects. Ray’s Electric has the proper license to perform the work and has proposed a DBE participation of 24.39 percent, which exceeds the 20 percent DBE goal.
Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Ray’s Electric of Oakland, CA, in the amount of $2,068,490.
Caltrans National Environmental Policy Act determination was received on October 19, 2018. The State determined that the project is a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(26). Similarly, 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. The resolution will approve the filing of Notice of Exemption No. NOE16-19 under CEQA.
Construction is anticipated to be completed by December 2022.
FINANCIAL SUMMARY
The current unencumbered balance in the BRT Phase V, Project No. WT15016 (formerly PW1516)/Federal Project No. CML-5008(149), Account No. 4570-000-800007-300-000-30-45-000-000, is not sufficient to award a Construction Contract to Ray’s Electric in the amount of $2,068,490.
The resolution includes the following actions to provide sufficient funding to award a Construction Contract and to fund all other construction related costs to complete the project:
1. Transfer funds in the amount of $200,000 from the Traffic Signal Modification Program, Project No. WT15029 (formerly PW1529), Account No. 4570-000-800007-300-000-30-45-000-000, to the BRT Phase V, Project No. WT15016 (formerly PW1516)/Federal Project No. CML-5008(149), Account No. 4570-000-800007-300-000-30-45-000-000;
2. Transfer funds in the amount of $100,000 from the Accessible Pedestrian Signals Program, Project No. WT15028 (formerly PW1528), Account No. 4510-714-800007-250-252-000-30-45-000-000, to the BRT Phase V, Project No. WT15016 (formerly PW1516)/Federal Project No. CML-5008(149), Account No. 4570-000-800007-300-000-30-45-000-000; and
3. Transfer funds in the amount of $180,000 from the Public Facility Fees Streets Fund Balance, Account No. 0000/310-312, to the BRT Phase V, Project No. WT15016 (formerly PW1516)/Federal Project No. CML-5008(149), Account No. 4570-000-800007-300-000-30-45-000-000.
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 - Project Location Map