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CONTRACT FOR DESIGN OF THE CLOSING PEDESTRIAN ACCESS GAPS TO SCHOOLS PROJECT
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RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a Professional Services Contract to Bennett Engineering Services, of Roseville, CA, in the amount of $222,859.98, for design of the Closing Pedestrian Access Gaps to Schools, Project No. PW1705/Federal Project No. ATPCML-5008(178).
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 Closing Pedestrian Access Gaps to Schools, Project No. PW1705, will install sidewalks at six locations throughout the City to close gaps in the sidewalk network near schools (Attachment A - Vicinity Map). The project will also install Americans with Disabilities Act (ADA) compliant curb, ramps, and crosswalks where warranted. The project was included in the Fiscal Year (FY) 2018-23 Capital Improvement Plan (CIP). Primary funding for this project is from the federal Congestion Mitigation Air Quality (CMAQ) and Active Transportation Program (ATP) grants.
On July 23, 2018, the City advertised a Request for Proposals (RFP) for design of the Closing Pedestrian Access Gaps to Schools project. On August 20, 2018, four firms submitted proposals for this project. A committee evaluated the proposals and found Bennett Engineering Services, of Roseville, 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 $222,859.98 with Bennett Engineering Services. It is anticipated that the design will be completed by spring of 2020. The project will then be advertised for construction bids, with overall project completion anticipated by December 2021.
This project is subject to federal Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
Federal CMAQ and ATP funds are available for transportation projects and programs that contribute to the attainment or maintenance of National Ambient Air Quality Standards, and projects that encourage increased use of active modes of transportation. The minimum local match for CMAQ and ATP programs 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. The Closing Pedestrian Access Gaps to Schools project was awarded $2,031,700 in CMAQ funds. On June 15, 2016, the Public Works Department submitted four applications for consideration as part of the ATP Cycle 3 call for projects. The Closing Pedestrian Access Gaps to Schools project was awarded $287,000 of ATP funds. The project was included in the FY 2018-23 CIP. The required local match is allocated from the Measure K Maintenance account.
The project will install sidewalks at six locations throughout the city to close gaps in the sidewalk network near schools (Attachment A - Vicinity Map). The locations are as follows: 1) Swain Road between Pacific Avenue and Pershing Avenue; 2) Sonora Street between Fresno Avenue and Los Angeles Avenue; 3) West 5th Street between Madison Street and Commerce Street; 4) West Lane and Walnut Street; 5) Lincoln Street and Rose Street intersection, and Lincoln Street and Magnolia Street intersection; 6) Pacific Avenue between Calaveras River and Podesto Road. The project will also improve pedestrian safety by installing ADA compliant curb, ramps, and crosswalks where warranted.
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 eight 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 July 23, 2018, the City advertised an RFP for design of the Closing Pedestrian Access Gaps to Schools project. On August 20, 2018, four proposals were received from the following firms:
• Bennett Engineering Services (Roseville, CA)
• Kjeldsen, Sinnock & Neudeck, Inc. (Stockton, CA)
• CSG Consultants (Sacramento, CA)
• REY Engineers (Folsom, CA)
A committee evaluated the 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.
Bennett Engineering Services 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 $222,859.98 with Bennett Engineering Services for design services. This fee is approximately ten percent of the estimated construction cost, which is reasonable for a project of this type and complexity. Bennett Engineering Services has proposed a 38.9 percent DBE participation, which exceeds the DBE goal of eight percent. It is anticipated that the design will be completed by spring of 2020. The project will then be advertised for construction bids, with overall project completion anticipated by December 2021.
Staff recommends Council approve a motion to award a Professional Services Contract in the amount of $222,859.98 to Bennett Engineering Services for design services of the Closing Pedestrian Access Gaps to Schools 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 for bidding and commencement of construction.
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 these 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 Bennett Engineering Services in the amount of $222,859.98 for the Closing Pedestrian Access Gaps to Schools, Project No. PW1705/Federal Project No. ATPCML-5008(178).
FINANCIAL SUMMARY
The design phase of the Closing Pedestrian Access Gaps to Schools, Project No. PW1705/Federal Project No. ATPCML-5008(178) has a total budget of $326,000. The current unobligated funding is $277,000. This is sufficient to award the Professional Services Contract in the amount of $222,859.98. 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.
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 Bennett Engineering Services