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APPROVE RESOLUTION TO AWARD CONTRACT FOR DESIGN OF THE BEAR CREEK AND PIXLEY SLOUGH BICYCLE AND PEDESTRIAN PATH PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1. Appropriate funds in the amount of $20,000 from Measure K Maintenance funds to the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. PW1702/Federal Project No. CML-5008(175) (082-3020-640).
2. Award a Professional Services Contract to Mark Thomas & Company, Inc., of Sacramento, CA, in the amount of $299,821.18, for design of the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. PW1702/Federal Project No. CML-5008(175).
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 Bear Creek and Pixley Slough Bicycle and Pedestrian Path project will enhance the existing bicycle and pedestrian path along Bear Creek and Pixley Slough between Thornton Road and Davis Road. The project will also install rectangular rapid flashing beacons at four crossings (Thornton Road/Bear Creek, Davis Road/Bear Creek, Whistler Way/Pixley Slough, and Rivermont Drive/Pixley Slough); upgrade bicycle and pedestrian pavement signage and markings; upgrade wheelchair ramps to meet Americans with Disabilities Act (ADA) standards; and widen the shoulders along Eight Mile Road between Lower Sacramento Road and Thornton Road, and Lower Sacramento Road between Bear Creek and Eight Mile Road to accommodate bicyclists (Attachment A - Vicinity Map). The project was included in the Fiscal Year (FY) 2017-22 Capital Improvement Plan (CIP). The project is funded from federal Congestion Mitigation Air Quality (CMAQ) program and Measure K funds.
On June 21, 2018, the City advertised a Request for Proposals (RFP) for design of the Bear Creek and Pixley Slough Bicycle and Pedestrian Path project. On August 2, 2018, five firms submitted proposals for this project. A committee evaluated the proposals and found Mark Thomas & Company, Inc., of Sacramento, CA, to be the most qualified and highest ranked firm.
It is recommended that Council approve a resolution authorizing the City Manager to execute a Professional Services Contract in the amount of $299,821.18 with Mark Thomas & Company, Inc. It is anticipated that the design will be completed by the end of 2019.
This project is subject to federal Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
On November 3, 2016, the San Joaquin Council of Governments (SJCOG) solicited a call for projects for the CMAQ program. Approximately $29.4 million was available for eligible projects in San Joaquin County to be programmed in FY 2018-19, 2019-20, and 2020-21. 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. In January 2017, the City submitted several CMAQ grant applications, including the Bear Creek and Pixley Slough Bicycle and Pedestrian Path project in the amount of $1,727,110. On March 23, 2017, the CMAQ funding application was approved, and the project received $1,529,010 in CMAQ federal funds. A local match in the amount of $198,100 was funded from Measure K. The project was included in the FY 2017-22 CIP.
The Bear Creek and Pixley Slough Bicycle and Pedestrian Path project will enhance the existing bicycle and pedestrian path along Bear Creek and Pixley Slough between Thornton Road and Davis Road. The project will also install rectangular rapid flashing beacons at four crossings (Thornton Road/Bear Creek, Davis Road/Bear Creek, Whistler Way/Pixley Slough, and Rivermont Drive/Pixley Slough); upgrade bicycle and pedestrian pavement signage and markings; upgrade wheelchair ramps to meet ADA standards; and widen the shoulders along Eight Mile Road between Lower Sacramento Road and Thornton Road, and Lower Sacramento Road between Bear Creek and Eight Mile Road to accommodate bicyclists (Attachment A - Vicinity Map).
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).
Present Situation
On June 21, 2018, the City advertised an RFP for design of the Bear Creek and Pixley Slough Bicycle and Pedestrian Path project. On August 2, 2018, five proposals were received from the following firms:
• Mark Thomas & Company, Inc. (Sacramento, CA)
• Bennett Engineering Services (Roseville, CA)
• Toole Design Group (Oakland, CA)
• Kjeldsen, Sinnock & Neudeck, Inc. (Stockton, CA)
• Advanced Mobility Group (Walnut Creek, 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.
Mark Thomas & Company, 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 $299,821.18 with Mark Thomas & Company, Inc. for design services. This fee is 20 percent of the total estimated project cost, which is higher than the typical 10-15 percent for design fees but reasonable in this case due to the additional technical studies that will be required by Caltrans for the environmental approval of work along Bear Creek and Pixley Slough. Mark Thomas & Company, Inc. has proposed a 48 percent DBE participation, which exceeds the DBE goal of 13 percent. It is anticipated that the design will be completed by the end of 2019.
Staff recommends Council approve a resolution to award a Professional Services Contract in the amount of $299,821.18 to Mark Thomas & Company, Inc. for design services of the Bear Creek and Pixley Slough Bicycle and Pedestrian Path project.
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 resolution will approve a Professional Services Contract with Mark Thomas & Company, Inc. in the amount of $299,821.18 for the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. PW1702/Federal Project No. CML-5008(175).
FINANCIAL SUMMARY
The project account for the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. PW1702/Federal Project No. CML-5008(175), has a total project design budget of $308,413 with an unencumbered balance of $299,114. With the appropriation of an additional $20,000 of Measure K Maintenance funding, the unencumbered balance will be 319,114. This is sufficient to award the Professional Services Contract in the amount of $299,821.18. 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