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ADOPT RESOLUTION TO AUTHORIZE THE BEAR CREEK AND PIXLEY SLOUGH BICYCLE AND PEDESTRIAN PATH PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE17-21 under the California Environmental Quality Act for the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No. CML-5008(175).
2. Approve the plans and specifications for the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No. CML-5008(175).
3. Appropriate funds in the amount of $1,000,000 from the Public Facilities Fees Air Quality Fund Balance to the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No. CML-5008(175).
4. Appropriate funds in the amount of $770,000 from the Public Facilities Fees Street Improvement Fund Balance to the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No. CML-5008(175).
5. Award a Construction Contract in the amount of $2,555,031 to Dirt Dynasty, Inc. of Farmington, CA, for the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No. CML-5008(175).
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 roadway crossings; upgrade bicycle and pedestrian pavement signage and markings; upgrade wheelchair ramps to meet Americans with Disabilities Act (ADA) standards; and widen the roadway 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 2017-22 Five-Year Capital Improvement Plan (CIP).
On March 17, 2022, the City received two bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, Dirt Dynasty, Inc., in the amount of $2,555,031. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE17-21 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.
The project is funded by the federal Congestion Mitigation Air Quality (CMAQ) program and Measure K funds. To fully fund the construction of the project, staff recommends transferring funds in the total amount of $1,770,000 from the Public Facilities Fees (PFF) Air Quality and Street Improvement Fund Balances to the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No. CML-5008(175). Construction is anticipated to be completed by spring 2023.
This project is federally funded and 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 project was awarded $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 2017-22 Five-Year 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 roadway 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 roadway 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 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 14 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 non-mandatory pre-bid meeting was held on February 15, 2022, 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 February 8, 2022, the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No. CML-5008(175), was advertised for bids.
On March 17, 2022, two bids were received with the following results:
COMPANY NAME BID AMOUNT
Dirt Dynasty, Inc. (Farmington, CA) $2,555,031
Ray’s Electric, Inc. (Oakland, CA) $2,718,834
Engineer’s Estimate $2,218,770
The bid from Dirt Dynasty, Inc., the lowest responsible bidder, is regular in all respects. Dirt Dynasty, Inc. has the proper license to perform the work and has proposed a DBE participation of 60.34 percent, which exceeds the 14 percent DBE goal.
The low bid is approximately 15 percent higher than the engineer’s estimate. However, staff does not believe that re-bidding the project would result in a lower bid given the volatility of the current construction market. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract for the base bid to Dirt Dynasty, Inc. of Farmington, CA, in the amount of $2,555,031.
Caltrans National Environmental Policy Act determination was received on April 6, 2020. The State determined that the project is a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(26). 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 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. NOE17-21 under CEQA.
Construction is anticipated to be completed by spring 2023.
FINANCIAL SUMMARY
The current unencumbered balance in the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002 (formerly PW1702)/Federal Project No. CML-5008(175), 4570-000-800007-300-000-30-45-000-000, is not sufficient to award a Construction Contract to Dirty Dynasty, Inc. in the amount of $2,555,031.
The resolution includes the following actions to provide sufficient funding to award a Construction Contract:
1. Appropriate funds in the amount of $1,000,000 from the PFF Air Quality Fund Balance, Account No. 0000-000-390000-310-322-00-00-000-000, to the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002 (formerly PW1702)/Federal Project No. CML-5008(175), Account No. 4570-000-800007-300-000-30-45-000-000.
2. Appropriate funds in the amount of $770,00 from the PFF Street Improvement Fund Balance, Account No. 0000-000-390000-310-312-00-00-000-000, to the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002 (formerly PW1702)/Federal Project No. CML-5008(175), 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