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ADOPT RESOLUTION TO AUTHORIZE THE MARCH LANE/EAST BAY MUD BICYCLE AND PEDESTRIAN PATH CONNECTIVITY IMPROVEMENTS PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Manager adopt a resolution to:
1. Approve the plans and specifications for the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. WT17022/Federal Project No. ATPCML-5008(179).
2. Transfer funds in the amount of $50,000 from the Accessible Pedestrian Signals Program, Project No. WT15028, to the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. WT17022/Federal Project No. ATPCML-5008(179).
3. Transfer additional funds in the amount of $60,000 from the Traffic Signals Modification Program, Project No. WT15029, to the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. WT17022/Federal Project No. ATPCML-5008(179).
4. Award a Construction Contract in the amount of $2,784,744.42 to McFadden Construction, Inc., of Stockton, CA, for the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. WT17022/Federal Project No. ATPCML-5008(179).
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 project proposes to reconstruct, widen, and improve the existing East Bay MUD corridor between Brookside Road and Hillsboro Way (Attachment A - Vicinity Map). The project will upgrade the path to current Class I Bicycle and Pedestrian (shared use) standards. The project will also install intersection and midblock improvements, high visibility crosswalks, striping, add missing sidewalk, upgrade curb ramps to Americans with Disabilities Act (ADA) standards, install flashing beacons, and add wayfinding signage. The project was included in the 2017-22 Five-Year Capital Improvement Plan (CIP). Primary funding for this project is from the federal Congestion Mitigation Air Quality (CMAQ) and Active Transportation Program (ATP) program funding.
On April 15, 2021, the City received five bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, McFadden Construction, Inc., in the amount of $2,784,744.42. Staff also recommends that Council adopt a resolution approving the plans and specifications for the project. Council previously approved the filing of Notice of Exemption No. NOE42-19 under the California Environmental Quality Act (CEQA) for this project on February 4, 2020, by Resolution No. 2020-02-04-1106. Construction is anticipated to be completed by December 2022.
This project is federally funded and 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. The minimum local match for the CMAQ program is 11.47 percent.
On December 21, 2016, Public Works 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. In 2016, Public Works also applied for ATP Cycle 3 funding for the project and received an award of $317,000 in construction funding.
The project will reconstruct, widen, and improve the existing path along the East Bay MUD corridor between Brookside Road and Hillsboro Way (Attachment A - Vicinity Map). The project will upgrade the path to current Class I Bicycle and Pedestrian (shared use) standards. The project will also install intersection and midblock improvements, high visibility crosswalks, striping, add missing sidewalk, upgrade curb ramps to ADA standards, install flashing beacons, and add wayfinding signage. The project was included in the 2017-22 Five-Year CIP. Primary funding for this project is from the federal CMAQ and ATP program funding.
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 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. A pre-bid meeting was held on March 30, 2021, 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.
Present Situation
On March 10, 2021, the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements project was advertised for bids. On April 15, 2021, five bids were received with the following results:
COMPANY NAME BID AMOUNT
McFadden Construction, Inc. (Stockton, CA) $2,784,744.42
George Reed (Modesto, CA) $2,882,675.00
Azul Works, Inc. (San Francisco, CA) $2,964,108.90
Dirt Dynasty, Inc. (Farmington, CA) $3,226,220.70
Sposito Engineering, Inc. (Livermore, CA) $3,229,117.25
Engineer’s Estimate $3,068,951.62
The bid from McFadden Construction, Inc., the lowest responsible bidder, is regular in all respects. McFadden Construction, Inc. has the proper license to perform the work and has proposed a DBE participation of 15.07 percent, which meets the 15 percent DBE goal.
Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to McFadden Construction, Inc., of Stockton, CA, in the amount of $2,784,744.42.
Caltrans National Environmental Policy Act determination was received on July 15, 2019. The State determined that the project is a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3). Similarly, 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 15304(h) 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. Council previously approved the filing of Notice of Exemption No. NOE42-19 under CEQA for this project on February 4, 2020, by Resolution No. 2020-02-04-1106. Construction is anticipated to be completed by December 2022.
FINANCIAL SUMMARY
Sufficient funds are available in the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. WT17022 (formerly PW1722)/Federal Project No. ATPCML-5008(179), Account No. 4570-000-800007-300-000-30-45-000-000, to award a Construction Contract to McFadden Construction, Inc. in the amount of $2,784,744.42. However, additional funding is needed to cover non-participating construction work items. The resolution includes the following actions to provide sufficient funding for construction related costs to complete the project:
1. Transfer funds in the amount of $50,000 from the Accessible Pedestrian Signals Program, Project No. WT15028 (formerly PW1528), Account No. 4570-714-800007-250-252-30-45-000-000 to Project No. WT17022 (formerly PW1722), Account No. 4570-000-800007-300-000-30-45-000-000.
2. Transfer additional funds in the amount of $60,000 from the Traffic Signals Modification Program, Project No. WT15029 (formerly PW1529), Account No. 4570-714-800007-250-252-30-45-000-000 to Project No. WT17022 (formerly PW1722), Account No. 4570-000-800007-300-000-30-45-000-000.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map