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ADOPT RESOLUTION TO AUTHORIZE THE HSIP 9 - INSTALL SIDEWALK AND MEDIAN FENCING ALONG DR. MARTIN LUTHER KING JR. BOULEVARD PROJECT
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RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE10-22 under the California Environmental Quality Act for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).
2. Approve the plans and specifications for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).
3. Appropriate funds in the amount of $11,000 from the Measure K Maintenance Fund Balance to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).
4. Appropriate additional Highway Safety Improvement Program funds in the amount of $97,470 to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).
5. Award a Construction Contract in the amount of $538,159.85 to United Pavement Maintenance, Inc. of Hughson, CA, for the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186).
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 will improve pedestrian safety by preventing unsafe jay walking on Dr. Martin Luther King Jr. Boulevard by installing approximately 500-feet of median fencing at Aurora Street (Attachment A - Vicinity Map). The project was included in the 2021-26 Five-Year Capital Improvement Plan (CIP).
On November 3, 2022, the City received four bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, United Pavement Maintenance, Inc., in the amount of $538,159.85. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE10-22 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.
To fully fund the construction of the project, staff recommends appropriating funds in the amount of $11,000 from the Measure K Maintenance Fund Balance and $97,470 in Highway Safety Improvement Program (HSIP) funds to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186). Construction is anticipated to be completed by December 2023.
This project is federally funded and is subject to federal Disadvantaged Business Enterprise (DBE) requirements.
DISCUSSION
Background
HSIP is a federal-aid program that provides funding for projects to reduce the frequency and severity of collisions by improving roadway conditions. Dr. Martin Luther King Jr. Boulevard is an east-west arterial roadway that connects Interstate 5 and State Route 99. This corridor is heavily traveled and runs through a disadvantaged community. The City was granted federal funds to install sidewalk/pathway improvements along Dr. Martin Luther King, Jr. Boulevard at South Aurora Street and install pedestrian median fencing along Dr. Martin Luther King Jr. Boulevard. The project was included in the 2021-26 Five-Year CIP.
This particular location along Dr. Martin Luther King Jr. Boulevard was identified following an evaluation of collision data in the City and showed a higher probability of pedestrian collisions due to jay walking. The installation of approximately500-feet of median fencing along Dr. Martin Luther King Jr. Boulevard at Aurora Street will improve pedestrian safety by preventing jay walking and unsafe mid-block crossing. The project will also include adding guardrail, signage, pavement markings, safety lighting, and replacing curb ramps.
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 11 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 October 18, 2022, to emphasize the DBE requirements and to provide information on how to meet the project DBE goal.
The federal HSIP 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 October 6, 2022, the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186), was advertised for bids. On November 3, 2022, four bids were received with the following results:
COMPANY NAME BID AMOUNT
United Pavement Maintenance, Inc. (Hughson, CA) $538,159.85
FBD Vanguard Construction, Inc. (Livermore, CA) $554,842.10
Dirt Dynasty, Inc. (Farmington, CA) $588,585.30
George Reed, Inc. (Modesto, CA) $626,151.40
Engineer’s Estimate $448,347.00
The bid from United Pavement Maintenance, Inc., the lowest responsible bidder, is regular in all respects. United Pavement Maintenance, Inc. has the proper license to perform the work and has proposed a DBE participation of 84 percent, which exceeds the 11 percent DBE goal. Although the low bid exceeds the estimate, the proximity of the bids and the current bid environment indicate that re-bidding the project would not result in a more favorable outcome. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $538,159.85.
Caltrans National Environmental Policy Act determination was received on October 19, 2018. 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(a) 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. NOE10-22 under CEQA. Construction is anticipated to be completed by December 2023.
FINANCIAL SUMMARY
The current unencumbered balance in the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003 (formerly PW1903)/Federal Project No. HSIPL-5008(186), is not sufficient to award a Construction Contract to United Pavement Maintenance, Inc. in the amount of $538,159.85. The resolution includes the following actions to provide sufficient funding to award a Construction Contract and to complete the project:
1. Appropriate funds in the amount of $11,000 from the Measure K Maintenance Fund Balance to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186), Account No. 4570-000-800007-300-000-30-45-000-000; and
2. Appropriate additional HSIP funds in the amount of $97,470 to the HSIP 9 - Install Sidewalk and Median Fencing Along Dr. Martin Luther King Jr. Boulevard, Project No. WT19003/Federal Project No. HSIPL-5008(186), 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