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APPROVE RESOLUTION TO AWARD CONTRACT FOR THE DESIGN OF MINER AVENUE COMPLETE STREET IMPROVEMENTS
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Award a Professional Services Contract to Siegfried Engineering, Inc., of Stockton, CA, in the amount of $989,776.56, for design services for the Miner Avenue Complete Street Improvements (Project No. PW1607/Federal Project No. ATP 5008(158); Project No. PW1732/Federal Project No. ATP 5008(170); and Project No. PW1515/Federal Project No. CML 5008(148)).
2. Reallocate the Local Street Repair 2016 (PW1538) project funding to the Miner Avenue Complete Street Improvements Phase 3 (PW1732) project in the amount of $1,000,000 (082-3020-640).
3. 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 resolution.
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Summary
The Miner Avenue corridor between Center Street and Aurora Street is an important east-west corridor within the downtown core that serves to unify and connect the Cabral Station with Weber Point (Attachment A - Vicinity Map). On February 21, 2017, Council adopted Resolution No. 2017-02-21-1601 that approved an Initial Study/Proposed Mitigated Negative Declaration and a Precise Road Plan (PRP) for the Miner Avenue Complete Street project between Center Street and Aurora Street. The environmental document and PRP effort was funded by federal Active Transportation Program (ATP) grant funds. The City also secured approximately $15.7 million from federal, State and local funding sources to design and construct the Miner Avenue Complete Street Improvements project. The project was included in the Fiscal Year (FY) 2018-23 Capital Improvement Plan (CIP).
On May 10, 2018, the City advertised a Request for Proposals (RFP) for the design of the Miner Avenue Complete Street Improvements project. On June 7, 2018, one firm submitted a proposal for this project. Staff negotiated a fee of $989,776.56 with Siegfried Engineering, Inc. (Siegfried) of Stockton, CA. The design fee is approximately eight percent of construction cost estimate and is reasonable for a project of this magnitude and complexity.
It is recommended that Council adopt a resolution authorizing the City Manager to execute a Professional Services Contract in the amount of $989,776.56 with Siegfried. It is anticipated that the design will be completed by March 2019.
This project is federally funded and is subject to Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
The Miner Avenue corridor between Center Street and Aurora Street is an important east-west corridor within the downtown core that serves to unify and connect the Cabral Station with Weber Point. On February 21, 2017, Council adopted Resolution No. 2017-02-21-1601 to approve an Initial Study/Proposed Mitigated Negative Declaration and PRP for the Miner Avenue Complete Street project between Center Street and Aurora Street. Miner Avenue is currently a four-lane road, with two lanes in each direction. The PRP calls for a reduction in the number of vehicle travel lanes from two lanes to one lane in each direction with buffered bicycle lanes, landscaped medians, signal and lighting improvements, and a round-about at the intersection of Miner Avenue and San Joaquin Street. Pedestrian and bicycle amenities, and accessible street crossings with bulb-out round corners are also included, as well as a relocation and upgrade of a portion of existing sanitary sewer line. “Parklets” (small landscaped curbside areas) are anticipated to be completed as part of a separate City project or in conjunction with private development. No acquisition of additional right of way is anticipated. The environmental document and PRP effort was funded by federal ATP grant funds.
The City secured funds from federal, State and local funding sources for the design and construction of the Miner Avenue Complete Street Improvements project. The ATP is a State grant program created in 2013 by Senate Bill 99 and Assembly Bill 101. The ATP encourages increased use of active modes of transportation, such as bicycling and walking. There are Statewide and Regional competitive funding levels. Statewide competitive funds are administered by Caltrans, while San Joaquin Council of Governments (SJCOG) administers the Regional competitive funds. The project received $8,286,000 in ATP funds for design and construction.
The Congestion Mitigation and Air Quality Improvement (CMAQ) program provides federal funding for areas that do not meet the National Ambient Air Quality Standards (non-attainment areas), as well as former non-attainment areas that are now in compliance (maintenance areas). CMAQ program funds can be used for new or expanded transportation projects or programs that reduce emissions. The project received $2,061,000 in federal CMAQ funds for design and construction.
Measure K is a half-cent sales tax within San Joaquin County that provides revenues for transportation projects. In September 2017, SJCOG announced a call for projects for agencies within San Joaquin County for the Measure K Bicycle, Pedestrian, and Safe Routes to School and Smart Growth Incentive Programs. The project received $3,350,700 in Measure K Renewal Smart Growth Incentive Program funds for design and construction.
The above noted competitive grant awards, together with Local Resurfacing Funds ($1,000,000), Wastewater Funds ($1,887,000), and other City matching funds will provide approximately $15,700,000 in total funding for the Miner Avenue Complete Street Improvements project. The project was included in the FY 2018-23 CIP.
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 the bidder as non-responsive.
By definition, a DBE is a socially and economically disadvantaged small business owned by a woman or by a specific 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 15 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 section 3.68.090).
Present Situation
On May 10, 2018, the City advertised a RFP for the design services of the Miner Avenue Complete Street Improvements project. The project was advertised on the City’s web site via “Bid Flash”, and a RFP was sent to two marketing subscriptions. Staff also reached out to six consultants with expertise and followed up with consultants during the advertisement period. On June 7, 2018, one firm, Siegfried, of Stockton, CA, submitted a proposal for this project. Staff surveyed consultants who did not respond to the RFP. Consultants stated that competing priorities and lack of available staff were the primary reasons for not responding, and that they were unlikely to propose if the project was re-advertised. This, combined with the project’s tight funding deadline for design completion made re-advertisement impractical. In the event of a sole bidder, federal guidelines require that the local agency prove that adequate solicitation attempts were made via a Public Interest Finding (PIF). The required PIF has been submitted and approved by Caltrans (Attachment B).
A Selection Committee comprised of Public Works’ staff evaluated the proposal from Siegfried. The review was based on the following criteria: understanding of work, experience with similar kinds of work, staff qualifications and technical ability, project approach, and familiarity with State and federal procedures. Staff negotiated a fee of $989,776.56 with Siegfried, which is approximately eight percent of the estimated construction cost estimate and is reasonable for a project of this magnitude and complexity. Siegfried has proposed a DBE participation of 15 percent, which meets the 15 percent DBE goal.
Staff recommends Council adopt a resolution to award a Professional Services Contract in the amount of $989,776.56 to Siegfried for design services of the Miner Avenue Complete Street Improvements project. It is anticipated that the design will be completed by March 2019.
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 sufficient staff to complete the design of this project within the required deadlines.
2. 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.
3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
The recommended resolution will approve a Professional Services Contract with Siegfried in the amount of $989,776.56 for the Miner Avenue Complete Street Improvements (Project No. PW1607/Federal Project No. ATP 5008(158); Project No. PW1732/Federal Project No. ATP 5008(170); and Project No. PW1515/Federal Project No. CML 5008(148)).
FINANCIAL SUMMARY
Funding for resurfacing of a portion of Miner Avenue was previously appropriated to the Local Street Repair 2016 (PW1538) project. The funding needs to be reallocated into the Miner Avenue Complete Street Improvement (Project No. PW1732). With the reallocation of the funding from Local Street Repair 2016 project (PW1538) to the Miner Avenue Complete Street Improvements Phase 3 (PW1732) project in the amount of $1,000,000, and the ATP and CMAQ grant awards previously allocated, the project will have a total budget of $13,330,755.
Additional funding for the design and construction of the Bus Rapid Transit 1-B project (PW1515) will remain as previously allocated in a separate project totaling $2,067,970. When the construction contract is awarded, the construction funding will be reallocated to the Miner Avenue Complete Street Improvements Phase 3 (PW1732) project for the planned roundabout at Miner Avenue and San Joaquin Street.
The Miner Avenue Complete Street Improvement Phase I (PW1607) project has a total design budget of $334,000 from federal grants. The construction funding has already been appropriated in the Miner Avenue Complete Street Improvements Phase 3 (PW1732) project.
The total project funding from all the projects and remaining phases total $15,732,725.
The following table lists the individual project information and contract allocation amounts to award the design contract in the amount of $989,776.56 with Siegfried:
PROJECT NAME/ PROJECT UNENCUMBERED CONTRACT ACCOUNT
PROJECT NUMBER BUDGET AMOUNT AMOUNT NUMBER
Bus Rapid Transit
1-B (PW1515) $2,067,970 $2,059,000 $ 119,326.68 308-3020-640
Miner Avenue Complete
Street Improvements
Phase 1 (PW1607) $ 334,000 $331,000 $ 291,227.72 308-3020-640
Miner Avenue Complete
Street Improvements Phase
3 Design (PW1732) $ 670,000 $668,000 $ 281,067.58 304-3020-640
Miner Avenue Complete
Street Improvements
Phase 3 (PW1732)
Construction only $6,382,000 $6,382,000 $ 0.00 308-3020-640
Miner Avenue Complete
Street Improvements
Phase 3 (PW1732) $3,350,755 $3,350,755 $ 170,048.47 080-3020-640
Miner Avenue Complete
Street Improvements
Phase 3 (PW1732) $1,041,000 $1,041,000 $ 71,339.68 082-3020-640
Miner Avenue Complete
Street Improvements
Phase 3 (PW1732) $1,887,000 $1,887,000 $ 56,766.43 437-7787-670
Total Project Funding $ 15,732,725
Total Unencumbered Funding $ 15,718,755
TOTAL DESIGN CONTRACT AMOUNT $ 989,776.56
As indicated above, each project has sufficient unencumbered funding to execute the Professional Services Contract with Siegfried in the amount of $989,776.56 for the Miner Avenue Complete Street Improvements project. The remaining unencumbered balances will be expended on contract amendments, staff costs, and the construction phase of the project.
There is no impact to the City’s General Fund or any other unrestricted funds as a result of taking the recommended actions.
Attachment A - Vicinity Map
Attachment B - Exhibit 12-F-Public Interest Finding