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ADOPT RESOLUTION TO AUTHORIZE THE INSTALLATION AND UPGRADE OF BICYCLE FACILITIES PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE47-19 under the California Environmental Quality Act for the Installation and Upgrade of Bicycle Facilities, Project No. WT15017/Federal Project No. CML-5008(150).
2. Approve the plans and specifications for the Installation and Upgrade of Bicycle Facilities, Project No. WT15017/Federal Project No. CML-5008(150).
3. Award a Construction Contract in the amount of $224,522 to Safety Striping Service, Inc., of Goshen, CA, for the Installation and Upgrade of Bicycle Facilities, Project No. WT15017/Federal Project No. CML-5008(150).
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 Installation and Upgrade of Bicycle Facilities project will install bicycle improvements at multiple locations (Attachment A). The project includes the addition of approximately 1.2 miles of new Class II bicycle lanes, 1.6 miles of new Class III bicycle routes, and 2.3 miles of enhanced striping and pavement markings for existing bicycle lanes.
The project was included in the 2015-2020 Five-Year Capital Improvement Plan (CIP). Design of the project was completed by Kimley-Horn and Associates, Inc. of Oakland, CA, in January 2020.
The project received one construction bid on April 16, 2020. The bid received exceeded funding available, and the bid was rejected by Council on August 11, 2020. On July 30, 2020, the project was re-advertised for construction bids. On August 27, 2020, the City received three bids for this project. The lowest bidder, Chrisp Company, failed to meet the City’s Disadvantaged Business Enterprise (DBE) goal of 17 percent.
Staff recommends award of the Construction Contract to the second lowest responsive bidder, Safety Striping Service, Inc., in the amount of $224,522. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE47-19 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in summer 2021 and be completed by fall 2021, weather permitting.
This project is federally funded and subject to federal Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
The Installation and Upgrade of Bicycle Facilities project is funded by the federal Congestion Mitigation and Air Quality (CMAQ) program grant. The project will install bicycle improvements at multiple locations (Attachment A).
• Bicycle Lanes - a combined total of approximately 1.2 miles of new Class II bicycle lanes along the following street segments:
o Kensington Way - from Stadium Drive to Mendocino Avenue;
o Baker Street - from Harding Way to Fremont Street;
o Tam O’Shanter Drive - from Hammer Lane to Tommydon Street; and
o Wagner Heights Road - from Don Avenue to Shropshire Drive.
• Bicycle Routes - a combined total of approximately 1.6 miles of new Class III bicycle routes along the following street segments:
o Kensington Way - from Mendocino Avenue to Harding Way;
o Wagner Heights Road - from Thornton Road to Shropshire Drive; and
o Tam O’Shanter Drive - from Sutherland Drive to Erie Drive.
• Improved Signage & Pavement Markings - a combined total of approximately 2.3 miles of enhanced signage and markings for existing Class II bicycle lanes along the following street segments:
o Estate Drive - from Thornton Road to Oak Grove Circle; and
o Wagner Heights Road - from Oak Grove Circle to Don Ave.
This project also includes the installation of a solar powered rectangular rapid flashing beacon and a high visibility crosswalk at Kensington Way and Sonoma Avenue. The Installation and Upgrade of Bicycle Facilities, Project No. WT15017 (formerly PW1517) was included in the 2015-2020 Five-Year CIP.
Design of the project was completed by Kimley-Horn and Associates, Inc. of Oakland, CA, in January 2020 and advertised for bids in February 2020.
Since the project is funded with federal transportation dollars, DBE program rules apply. DBE rules require that the prime contractor 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 provide evidence of adequate good faith efforts are grounds for rejecting the bidder as non-responsive.
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 17 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. A pre-bid meeting was held on August 17, 2020, to emphasize the DBE requirements, and to provide information on how to meet the project DBE goal.
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).
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. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project as federal regulations prohibit the use of such agreements.
On February 24, 2020, the Installation and Upgrade of Bicycle Facilities project was advertised for bids. On April 16, 2020, the City received one bid for this project from PTM General Engineering Services, Inc. The bid was approximately 25 percent higher than the engineer’s estimate. On August 11, 2020, pursuant to Stockton Municipal Code (SMC) section 3.68.160(B), Council approved Motion No. 2020-08-11-1109 to reject the bid received and to rebid the project.
Present Situation
On July 30, 2020, the Installation and Upgrade of Bicycle Facilities project was re-advertised for bids. On August 27, 2020, three bids were received with the following results:
COMPANY NAME BID AMOUNT
Chrisp Company (Stockton, CA) $223,496.25
Safety Striping Service, Inc. (Goshen, CA) $224,522.00
PTM General Engineering Services, Inc. (Riverside, CA) $349,094.00
Engineer’s Estimate $195,810.00
The lowest bidder, Chrisp Company, submitted a bid of $223,496.25 and committed to a DBE goal of 7.1 percent. Since Chrisp Company did not meet the established DBE goal, Public Works’ staff performed an evaluation to determine if Chrisp Company met the good faith effort requirements. It was determined that Chrisp Company did not make a good faith effort to meet the DBE goal. A reconsideration hearing was held on November 9, 2020, to discuss Chrisp Company’s failure to meet the DBE goal and Good Faith Efforts Evaluation. The reconsideration hearing did not provide additional information sufficient to change the determination. The bid from Chrisp Company has been deemed non-responsive.
The second lowest responsive bidder, Safety Striping Service, Inc., submitted a bid of $224,522 and committed to a DBE goal of 17.6 percent. This bid is approximately 15 percent higher than the engineer’s estimate and satisfies the project’s DBE goal. There are sufficient funds to award the project at this price. SMC section 3.68.160(B) provides that the City Council shall award a contract to the lowest and best regular responsible bidder or reject all bids. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Safety Striping Service, Inc., of Goshen, CA, in the amount of $224,522.
Caltrans approved a Categorical Exemption/Exclusion for the project under the National Environmental Policy Act guidelines on September 16, 2019. The project is in conformance with the City’s General Plan, pursuant to California Government Code section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE47-19 under CEQA.
Construction is anticipated to begin in summer 2021 and be completed by fall 2021, weather permitting.
FINANCIAL SUMMARY
There are sufficient funds available in the Installation and Upgrade of Bicycle Facilities, Project No. WT15017/Federal Project No. CML-5008(150) (formerly PW1517), Account No. 4510-000-800007-300-000, to award a Construction Contract to Safety Striping Service, Inc. in the amount of $224,522.
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