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ADOPT RESOLUTION TO AUTHORIZE THE ON-CALL GUARDRAIL REPAIR PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Approve Notice of Exemption No. NOE 19-25 under the California Environmental Quality Act for the On-Call Guardrail Repair, Project No. OM-24-118.
3. Award a three-year Service Contract in the amount not to exceed $600,000 to Midstate Barrier, Inc. of Stockton, CA, for the On-Call Guardrail Repair, Project No. OM-24-118.
4. Authorize the City Manager to execute up to two one-year extensions to this Service Contract, at an annual cost not to exceed $200,000, for a cumulative contract total not to exceed $1,000,000.
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 City is responsible for the maintenance of numerous guardrails and crash cushion systems. The On-Call Guardrail Repair project will repair damaged guardrail sections, posts, terminals, and crash cushion systems at various locations Citywide, as needed.
On February 6, 2025, the City advertised a Request for Proposals (RFP) for the On-Call Guardrail Repair, Project No. OM-24-118. On March 5, 2025, one firm submitted a proposal for this project. The Selection Committee evaluated the proposal and found Midstate Barrier, Inc. of Stockton, CA, to be qualified and possess the proper license to perform the work.
It is recommended that Council adopt a resolution authorizing the City Manager to execute a three-year Service Contract, in the amount not to exceed $600,000, with Midstate Barrier, Inc. This Service Contract contains renewal options for up to two one-year extensions, at an annual cost not to exceed $200,000, for a cumulative contract total not to exceed $1,000,000. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE 19-25 under the California Environmental Quality Act (CEQA) for the project.
DISCUSSION
Background
The City is responsible for the maintenance of numerous guardrails and crash cushion systems. Due to vehicular accidents, there are numerous damaged guardrails and crash cushions with varying severity. The project will enhance safety by replacing damaged guardrail sections, posts, terminals, and crash cushion systems at various locations Citywide, as needed.
The City has an average of 10 incidents annually. The City attempts to recover damages when there is a police report identifying the party responsible.
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. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project as the estimated construction cost per project will be less than $1 million.
Present Situation
On February 6, 2025, the City advertised an RFP for the On-Call Guardrail Repair, Project No. OM-24-118. On March 5, 2025, one proposal was received from Midstate Barrier, Inc. of Stockton, CA.
The Selection Committee comprised of Public Works’ staff evaluated the proposal based on the contractor’s experience with similar kinds of work, quality of work, staff qualifications, communication capabilities/record keeping, local preference, and cost. Midstate Barrier, Inc. was determined to be qualified and has the proper license to perform the work.
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. As a result, the project has been granted a categorical exemption. 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. NOE 19-25 under CEQA.
It is recommended that Council adopt a resolution authorizing the City Manager to execute a three-year Service Contract, in the amount not to exceed $600,000, to Midstate Barrier, Inc. of Stockton, CA, for the On-Call Guardrail Repair, Project No. OM-24-118. Payment will be based on actual work performed at the negotiated unit price, with field verification by City staff. Initial contracted services will expire on June 30, 2028. The City has the option to initiate two one-year extensions, at an annual cost not to exceed $200,000, for a cumulative contract total not to exceed $1,000,000.
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 the internal resources to perform guardrail and crash cushion repair services.
2. Guardrail repair involves specialized equipment and work that requires an experienced, qualified contractor who has successfully provided services similar in frequency and scope.
3. Use of the RFP process is appropriate for this Service Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide professional, responsive, and timely service which is in the public interest.
4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
There are sufficient funds available in Account No. 4570-716-630004-240-242-30-45-000 to award a three-year Service Contract, in the amount not to exceed $600,000, to Midstate Barrier Inc. for the On-Call Guardrail Repair, Project No. OM-24-118.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.