title
APPROVE CONTRACT FOR DESIGN OF THE MARCH LANE/EAST BAY MUD BICYCLE AND PEDESTRIAN PATH CONNECTIVITY IMPROVEMENTS
recommended action
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a Professional Services Contract to Kjeldsen, Sinnock & Neudeck, Inc., of Stockton, CA, in the amount of $222,091.95, for design of the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. PW1722/Federal Project No. CML-5008(179).
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.
body
Summary
The March Lane/East Bay Municipal Utility District (MUD) Bicycle and Pedestrian Path Connectivity Improvements project will reconstruct the existing bicycle path along the East Bay MUD corridor between Brookside Road and Hillsboro Way. The project will upgrade the path to current Class I Bicycle and Pedestrian (shared use) standards. The project will also upgrade designated intersections and midblock crossing along the path to meet Americans with Disabilities Act (ADA) standards, improve crossing safety where warranted, and include pedestrian and bicycle amenities, signage, striping, and minor landscaping. The project was included in the Fiscal Year (FY) 2017-22 Capital Improvement Plan (CIP). Primary funding for this project is from a Congestion Mitigation Air Quality (CMAQ) program grant.
On May 8, 2018, the City advertised a Request for Proposals (RFP) for the design of the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements project. On June 25, 2018, two firms submitted proposals for this project. A committee evaluated the proposals and found Kjeldsen, Sinnock & Neudeck, Inc. (KSN) of Stockton, CA, to be the most qualified and highest ranked firm.
It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $222,091.95 with KSN. It is anticipated that the design will be completed by spring of 2019.
This project is subject to federal Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
Federal CMAQ funds are available for transportation projects and programs that contribute to the attainment or maintenance of National Ambient Air Quality Standards (NAAQS). The minimum local match for the CMAQ program is 11.47 percent.
On December 21, 2016, the Public Works Department submitted a Notice of Intent for the submittal of 11 applications for funding consideration under the CMAQ program. Six of these applications were successful, including the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements project which was awarded $3,106,285 in CMAQ funds.
The project will reconstruct the existing bicycle path along the East Bay MUD corridor between Brookside Road and Hillsboro Way to current Class I Bicycle and Pedestrian (shared use) path standards (Attachment A - Vicinity Map). The project will also upgrade designated intersections and midblock crossing along the path to meet ADA standards, improve crossing safety where warranted, and include pedestrian and bicycle amenities, signage, striping, and minor landscaping. The project was included in the FY 2017-22 CIP, with the local match allocated from the Measure K maintenance fund.
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.
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 13 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 May 8, 2018, the City advertised an RFP for the design services of the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements project. On June 25, 2018, two proposals were received from the following firms:
• Kjeldsen, Sinnock & Neudeck, Inc. (Stockton, CA)
• Siegfried Engineering, Inc. (Stockton, CA)
A 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 of federal transportation funding procedures.
KSN 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 $222,091.95 with KSN for design services. This fee is less than seven percent of the total estimated project cost, which is reasonable for a project of this type and scope. KSN has proposed 37.36 percent DBE participation, which exceeds the DBE goal of 13 percent. It is anticipated that the design will be completed by spring of 2019.
Staff recommends Council approve a motion to award a Professional Services Contract in the amount of $222,091.95 to KSN for design services of the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements 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 sufficient staff available to design this project.
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 motion will approve a Professional Services Contract with KSN in the amount of $222,091.95 for the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. PW1722/Federal Project No. CML-5008(179).
FINANCIAL SUMMARY
The design phase of the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. PW1722/Federal Project No. CML-5008(179) has a total budget of $360,000. The current unobligated funding is $351,000 in 082-3020-640 and 308-3020-640. This is sufficient to award the Professional Services Contract in the amount of $222,091.95. The remaining funds will be expended on contingency and staff costs. If there is remaining funding, it will be moved to the construction phase of this project. This project is eligible to expend the federal grant and matching funds for this contract.
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 Kjeldsen, Sinnock & Neudeck, Inc.