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AMENDMENT TO PROFESSIONAL SERVICES MASTER CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC. - DR. MARTIN LUTHER KING JR. BOULEVARD AND MARIPOSA ROAD BUS RAPID TRANSIT, PHASE IV (PROJECT NO. 13-03/FEDERAL PROJECT NO. CML-5008(123))
RECOMMENDATION
It is recommended that the City Council approve a motion authorizing an Amendment to Professional Services Master Contract with Kimley-Horn and Associates, Inc. in the amount of $125,560 for design services for the Dr. Martin Luther King Jr. Boulevard (MLK Boulevard) and Mariposa Road Bus Rapid Transit, Phase IV (Project No. 13-03/Federal Project No. CML-5008(123)). It is further recommended that the motion authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion.
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Summary
The City has been partnering with the San Joaquin Regional Transit District (SJRTD) to implement the Bus Rapid Transit (BRT) Phase IV project in the city of Stockton. BRT Phase IV will provide express bus service along the entire length of MLK Boulevard and Mariposa Road, and will connect with the BRT Phase II route along Airport Way. In general, the BRT Phase IV, Project No. 13-03, will modify all traffic signals along the route to provide priority to buses as they traverse the route (Attachment A - Vicinity Map). The proposed motion will amend the Professional Services Master Contract with Kimley-Horn and Associates, Inc., of Oakland, CA, in the amount of $125,560 for design services.
Funding for this action is from the federal Congestion Mitigation and Air Quality improvement (CMAQ) grant program.
DISCUSSION
Background
The City has been partnering with SJRTD to implement the fourth phase of the BRT in the City of Stockton. BRT operates at faster speeds, provides greater service reliability, and increased customer convenience when compared with regular transit service. The first BRT project was completed four years ago, and connects the Downtown Transit Center, Cesar Chavez Central Library, University of the Pacific, Delta College, Sherwood and Weberstown Malls, Lincoln Center, and Hammer Lane. SJRTD BRT services are provided every 15 minutes during weekday peak hours, and every 30 minutes on weeknights, weekends, and holidays.
The second phase of the BRT project connects the Downtown Transit Center to the Stockton Metropolitan Airport via Weber Avenue, Miner Avenue, and Airport Way. SJRTD express bus service started along this BRT route in January 2011.
The third phase of the BRT project runs east-west on Hammer Lane and connects to the Downtown Transit Center via BRT Phase I on Pacific Avenue. As with the first and second phases, the City’s portion of this project consisted of managing the procurement and installation of the traffic signal pre-emption system, and ensuring that those systems communicate properly with SJRTD buses. SJRTD express bus service started along this BRT route in July 2012.
BRT Phase IV will provide express bus service along the entire length of MLK Boulevard and Mariposa Road, and will connect with the BRT Phase II route along Airport Way. On March 13, 2012, Council approved Motion No. 2012-03-13-1204 authorizing the application for a grant for BRT Phase IV under the CMAQ program. The CMAQ program was established by the 1991 Federal Intermodal Surface Transportation Efficiency Act, and re-authorized by the Transportation Equity Act for the 21st Century. Funds are available through the program for projects like BRT Phase IV that contribute to the attainment or maintenance of National Ambient Air Quality Standards.
Later in 2012, the City was notified that this project had been approved for funding. Funding was made available in fiscal year 2012-13 for design, and in 2014-15 for construction. A total of $1,747,582 in CMAQ federal funds were approved, to be matched with $226,418 in local funds, for a total project cost of $1,974,000.
In March 2012, staff submitted a grant application to the San Joaquin Valley Air Pollution Control District (Valley Air District) under the Public Benefit Grant Program-Advanced Transit and Transportation projects to fund the local share in amount of $226,418. In January 2013, staff was informed by the Valley Air District that the grant application amount of $226,418 had been approved. These funds can only be used for construction related work. Therefore, staff arranged to use CMAQ federal funds to cover the local share during the preliminary engineering phase of the project, and Valley Air District funds to cover the local share during the construction. Staff requested and received authorization from Caltrans to proceed with project design in April 2013.
On July 13, 2010, Council adopted Resolution No. 10-0242 approving Professional Services Master Contracts for Design, Geotechnical, Testing, Plan Review, and Survey Services with firms. These firms provide services as needed to accommodate the City’s aggressive project delivery schedules. The contracts are for a period of five years. The scope of services and fee are negotiated on a project specific basis. If the negotiated fee for a particular project exceeds Charter limits, a contract amendment is submitted to Council for consideration.
Proposals for design services for BRT Phase IV were requested from seven engineering firms on the approved vendor pool list. In general, the BRT Phase IV project will modify all traffic signals along the route to provide priority to buses as they traverse the route (Attachment A - Vicinity Map). The seven firms were TJKM Transportation Consultants (Pleasanton), Fehr and Peers (Roseville), KD Anderson and Associates (Loomis), DKS Associates (Oakland), Stantec (Walnut Creek), Kimley-Horn and Associates, Inc. (Oakland), and RBF Consulting (Sacramento). Three of the firms, KD Anderson and Associates, RBF Consulting, and Fehr and Peers, did not submit proposals, as they did not have enough relevant experience with this type of project.
Present Situation
Staff reviewed all submitted proposals and selected Kimley-Horn and Associates, Inc. as the most qualified to provide design services for the MLK Boulevard and the Mariposa Road BRT Phase IV project, due to their expertise in BRT projects, and their knowledge of the City’s fiber optic network and communication system. Kimley-Horn and Associates, Inc. completed the design of BRT Phase II on Airport Way and BRT III on Hammer Lane, and also provided construction related services on both projects. Their proposed cost of $125,560 (Attachment B) is 6.4 percent of the total estimated project cost, which is considered to be reasonable. In accordance with federal regulations, the cost proposals from the non-selected firms were not opened for comparison.
Additional technical services will be required to perform integration adjustments and calibration of the communication equipment with SJRTD equipment. Staff anticipates submitting a recommendation to Council to contract with a design firm for these services prior to construction starting on BRT Phase IV.
Federal Disadvantaged Business Enterprise (DBE) program rules apply to this project. 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 make adequate good faith efforts are grounds for rejecting the bidder or design proposal as non-responsive.
By definition, 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 5.27 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.
Kimley-Horn and Associates, Inc. has proposed 8.84 percent DBE participation, which meets the DBE goal. Therefore, staff recommends Council to approve a motion authorizing an Amendment to Professional Services Master Contract with Kimley-Horn and Associates, Inc. in the amount of $125,560 for design services.
Financial Summary
Design funding for this project in the amount of $279,000 was appropriated by Council in the 2013-14 Capital Improvement Program. Account No. 308-3020 (PW1303) has been set up for the BRT Phase IV project. As previously noted, design funding is being provided 100 percent by federal CMAQ funds; the Valley Air District grant funds will be available for the future (construction) portion of the project.
Available design funds over and above the amount needed for the Kimley-Horn contract will be used for contingencies, change order authority, and staff costs, or will be rolled forward into the construction portion of the project.
No further appropriations are required. There is no impact to the City’s General Fund or to any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
Attachment B - Amendment to Professional Services Master Contract with Kimley-Horn and Associates, Inc.