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APPROVE MOTION TO AWARD CONTRACT FOR DESIGN OF THE BUS RAPID TRANSIT, PHASE V ALONG SEGMENTS OF WEBER AVENUE, MINER AVENUE, WILSON WAY, FREMONT STREET, FILBERT STREET, AND MAIN STREET
recommended action
RECOMMENDATION
It is recommended that the City Council approve a motion authorizing the City Manager to:
1. Award a Professional Services Contract to Kimley-Horn and Associates, Inc., of Oakland, CA, in the amount of $185,593.99, for design services for the Bus Rapid Transit, Phase V along segments of Weber Avenue, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street, Project No. PW1516/ Federal Project No. CML-5008(149).
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
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 motion.
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Summary
The proposed motion would authorize the City Manager to award a professional services contract for the design of the Bus Rapid Transit (BRT), Phase V project. The City partnered with the San Joaquin Regional Transit District (SJRTD) to implement BRT projects in the City. The BRT, Phase V project will provide express bus service along segments of Weber Avenue, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street, and will connect with other existing BRT routes at the Downtown Transit Center (Attachment A - Vicinity Map). The BRT, Phase V project will modify all traffic signals along the route to provide transit signal priority to buses as they traverse the route. The project was included in the FY 2015-20 Capital Improvement Plan (CIP).
The BRT, Phase-V project is funded by a Congestion Mitigation Air Quality (CMAQ) program grant. The CMAQ program is a competitive federal grant that funds projects showing a significant benefit to traffic congestion and air quality.
On November 6, 2017, the City advertised a Request for Proposals (RFP) for the design of the BRT, Phase V along segments of Weber Avenue, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street project. On December 4, 2017, three firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Kimley-Horn and Associates, Inc., of Oakland, CA, to be the most qualified and highest ranked firm.
It is recommended that the Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $185,593.99 with Kimley-Horn and Associates, Inc. It is anticipated that the design will be completed by September 2018. The project will then be advertised for construction bids, with overall project completion anticipated by April 2023.
This project is subject to federal Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
The City partnered with SJRTD to implement BRT projects in the City. The BRT, Phase V project will provide express bus service along segments of Weber Avenue, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street, and will connect with other existing BRT routes at the Downtown Transit Center (Attachment A - Vicinity Map). The BRT, Phase V project will modify all traffic signals along the route to provide transit signal priority and emergency vehicle preemption (TSP/EVP) to buses as they traverse the route.
BRT routes provide faster service, greater service reliability, and increased customer convenience when compared with regular transit service. SJRTD BRT provide service every 15 minutes during weekday peak hours, and every 30 minutes on weeknights, weekends, and holidays. The first BRT route was put in service 10 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. Subsequent BRT routes or phases expanded the system by adding more connections along Dr. Martin Luther King Jr. Boulevard/Mariposa Road, Hammer Lane, and Airport Way.
Construction and implementation of a BRT project is a collaborative effort between the City and SJRTD. The City’s role consists of modifying traffic signals to incorporate TSP/EVP systems and ensuring that those systems communicate properly with SJRTD buses. SJRTD procures and installs the on-bus TSP emitters, bus shelters, ticket vending machines, concrete bus pads, and security cameras at designated locations along the BRT routes.
On January 28, 2014, by Motion No. 2014-01-28-1210, Council approved the submittal of an application to the San Joaquin Council of Governments for funding consideration through the competitive CMAQ grant program for the BRT, Phase V project. CMAQ funds are available for transportation projects and programs that contribute to the attainment or maintenance of National Ambient Air Quality Standards. The minimum local match for the CMAQ program is 11.47 percent. The CMAQ funding application in the total amount of $2,100,000 was approved, and the project received $1,859,130 in CMAQ federal funds. The required local match is $240,870.
On September 1, 2015, by Motion No. 2015-09-01-1501, Council approved the submittal of an application to the San Joaquin Valley Air Pollution Control District (Valley Air District) Public Grant Program for the BRT, Phase V project in the amount of $240,870. The grant was submitted cover the required local match to the CMAQ funds awarded to the project. In May 2015, staff was informed by the Valley Air District that a grant in the amount of $127,225 had been approved. These funds can only be used for construction related work. The remaining local match will be funded by Public Facility Fees in the amount of $113,645. The project was included in the FY 2015-20 CIP. In May 2016, staff requested and received authorization from Caltrans to proceed with the project preliminary engineering.
Since the project is funded with federal transportation dollars, DBE program rules apply. DBE rules require that the consultant 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 a consultant’s proposal.
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 six 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 CMAQ 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 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. The CWTA was not applied to this project as federal regulations prohibit the use of such agreements.
Present Situation
On November 6, 2017, the City advertised a RFP for the design services of the BRT, Phase V along segments of Weber Avenue, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street project. On December 4, 2017, three proposals were received from the following firms:
• Kimley-Horn and Associates, Inc. (Oakland, CA)
• Stantec Consulting Services (Walnut Creek, CA)
• Iters (Oakland, CA)
A Selection Committee evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of projects, staff qualifications and technical ability, project approach, and familiarity with federal transportation funding procedures.
Kimley-Horn and Associates, Inc. received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project. Staff negotiated a fee of $185,593.99 with Kimley-Horn and Associates, Inc. for design services. This fee is approximately nine percent of the total estimated project cost, which is typical for projects of this type and scope. Kimley-Horn and Associates, Inc. has proposed 8.67 percent DBE participation, which exceeds the DBE goal of six percent. It is anticipated that the design will be completed by September 2018. The project will then be advertised for construction bids, with overall project completion anticipated by April 2023.
Staff recommends Council approve a motion to award a Professional Services Contract in the amount of $185,593.99 to Kimley-Horn and Associates, Inc. for design services of the BRT, Phase V along segments of Weber Avenue, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street project (Attachment B).
Findings
Pursuant to 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 enough staffing available to design this project for bidding and commencement of construction.
2. The scope of design services requires an engineering firm experienced in TSP/EVP systems.
3. 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.
4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
The recommended motion will approve a Professional Services Contract with Kimley-Horn and Associates, Inc. in the amount of $185,593.99 for the BRT, Phase V along segments of Weber Avenue, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street, Project No. PW1516/Federal Project No. CML-5008(149).
Financial Summary
The project account for BRT, Phase V along segments of Weber Avenue, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street, Project No. PW1516/ Federal Project No. CML-5008(149) has funding (308-3020-640) for the design phase of the project in the amount of $375,000. This is sufficient to award the Professional Services Contract in the amount of $185,593.99. The remaining design funds will be used for project change orders, and staff costs. Any unspent funds at the completion of the design phase will be reported to Caltrans for allocation to the construction phase of the project.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
Attachment B - Professional Services Contract with Kimley-Horn and Associates, Inc.