For City Council Meeting September 24, 2024
TO: Honorable Mayor and City Council
APPROVAL: G. Michael Milhiser, Interim City Manager
FROM: Tim Sullivan, Director of Public Works
Title
Request City Council to 1) Adopt Budget Resolution No. 8298 Amending the 2024-2025 Fiscal Budget and Appropriating $400,000 from the Local Measure I Fund; 2) Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of $1,097,675 for the Merrill Avenue Safe Routes to School (SRTS) Project, City Project No. 220801; 3) Authorize a Contract Change Order Request in the amount of $204,540 with Prescience Corporation pursuant to the City's "On-Call" Agreement for Construction Management, Inspection, and Materials Testing Services; and 4) Authorize the City Manager or their Designee to Execute all Related Documents.
(ACTION)
Body
RECOMMENDATION
Staff requests that City Council:
1) Adopt Budget Resolution No. 8298 Amending the 2024-2025 Fiscal Budget and Appropriating $400,000 from the Local Measure I Fund.
2) Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of $1,097,675 for the Merrill Avenue Safe Routes to School (SRTS) Project, City Project No. 220801.
3) Authorize a Contract Change Order Request in the amount of $204,540 with Prescience Corporation pursuant to the City's "On-Call" Agreement for Construction Management, Inspection, and Materials Testing Services.
4) Authorize the City Manager or their Designee to Execute all Related Documents.
BACKGROUND
On July 13, 2021, the City Council authorized Staff to submit applications through the San Bernardo County Transportation Authority (SBCTA) from the Transportation Development Act (TDA) Article 3 Call for Projects with reference to the City’s Safe Routes to School (SRTS) Plan which identifies issues and opportunities related to suggested routes for walking and bicycling. Using the SRTS Plan, the two (2) highest-ranked priority locations, Sycamore Avenue Safe Routes to School Improvements near Morgan Elementary School and Merrill Avenue Safe Routes to School Improvements near Boyd Elementary School, were selected.
On November 3, 2021, the SBCTA Board of Directors approved projects submitted for TDA Article 3 Call for Projects, which included the Merrill Avenue (SRTS) Improvements Project in the amount of $639,404.61.
On February 8, 2022, the City Council adopted Resolution No. 7832, accepting TDA Article 3 funding in the amount of $639,404.61 and appropriated Measure I funds in the amount of $815,564.61 for a total project budget of $1,454,969.22.
On February 28, 2023, the City Council authorized a purchase order to Psomas in the amount of $239,120 for the design of the Merrill Avenue SRTS Improvements Project, City Project No. 220801.
On June 25, 2024, the City Council authorized the release of bids for the Merrill Avenue Safe Routes to School (SRTS) Improvements project.
The proposed project will consist of installing sidewalks, American with Disability Act (ADA) curb ramps, signage, and infiltration basins. Attachment 1 shows the general locations for the work anticipated.
ANALYSIS/DISCUSSION
On August 13, 2024, the City released RFB No. 25-006 for the Merrill Avenue Safe Routes to School (SRTS), City Project No. 220801, and published the Notice Inviting Bids on the PlanetBids.com website. On September 13, 2024, the City received nine (9) bids as follows:
A complete bid summary is included as Attachment 2. The engineer’s estimate was $1,200,000. The lowest responsible and responsive bid was $1,097,675 submitted by CJ Concrete Construction, Inc. Staff reviewed the bid and found CJ Concrete Construction Inc. to be properly licensed and qualified. CJ Concrete Construction Inc.’s Disclosure Statement, Contractor’s License, and DIR verification documents are included as Attachment 3. Staff recommends that the City Council accept the bid received from CJ Concrete Construction, Inc. as the lowest responsible and responsive bid. A construction contract with CJ Concrete Construction, Inc. for the project is included as Attachment 4.
Construction Management, Inspection, and Materials Testing Services
On April 12, 2022, the City Council approved an on-call agreement with Prescience Corporation for on-call construction management, inspection, and materials testing services for on-call construction management, inspection, and materials testing services for an initial 3-year term, with two 1-year optional extensions.
Staff has reviewed and recommends approval of the proposal provided by Prescience Corporation based on their experience overseeing projects of this magnitude similar in scope to the Project. A copy of their proposal is included as Attachment 5. Prescience has provided a fee proposal of $204,540 to provide the required construction phase services through the duration of the project. A copy of Prescience’s Disclosure Statement is included in Attachment 6.
ENVIRONMENTAL IMPACT
Section 21084 of the California Public Resources Code requires that the guidelines for implementation of the California Environmental Quality (CEQA) include a list of classes of projects that have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared categorically exempt from the requirement for the preparation of environmental documents. In accordance with 14 CCR Section 15301 “Existing Facilities,” Class 1 projects consist of the repair, maintenance, or minor alteration of existing structures and facilities; therefore, the Merrill Avenue Safe Routes to School (SRTS) Project is considered categorically exempt from CEQA. Staff will prepare and file a Notice of Exemption for the project with the San Bernardino County Clerk.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A in the General Plan:
The City of Rialto has also outlined key Goals and Objectives through which the City looks to minimize congestion on the local road network, create opportunities and incentives for people to avoid the use of their cars for short trips, and maintain a circulation system that supports local businesses’ needs. These efforts will contribute to reductions in greenhouse gas emissions pursuant to State mandates.
Goal 4-4: Protect school children and others from traffic hazards around schools.
Goal 4-8: Establish and maintain a comprehensive system of pedestrian trails and bicycle routes that provide viable connections throughout the City.
Goal 4-9: Promote walking.
Policy 4-9.1: Install sidewalks where they are missing and make improvements to existing sidewalks for accessibility purposes. Priority should be given to needed sidewalk improvement near schools and activity centers. Provide wider sidewalks in areas with higher pedestrian volumes.
Policy 4-9.3: Provide pedestrian-friendly and safety improvements, such as crosswalks and pedestrian signals, in all pedestrian activity areas.
LEGAL REVIEW
The City Attorney’s Office has reviewed the agreement and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
The proposed action will not affect the Operating Budget.
Capital Improvement Budget Impact
On February 8, 2022, the City Council adopted Resolution No. 7832, accepting TDA Article 3 funding the amount of $639,404.61, Account No. 22047326-53001-220801. Additionally, Measure I funds in the amount of $815,564.61 were appropriated to the project, Account No. 22014310-53001-220801. The total project budget is $1,454,969.22.
To date, the project has incurred costs and encumbrances for Design and Administration in the amount of $481,323.56, leaving an available project budget of $973,645.66.
Staff recommends that an additional $400,000 be appropriated from the Measure I Fund Account to accommodate a sufficient budget for construction and construction support services.
After the adoption of the requested Budget Resolution, funds to appropriate for the award of the construction contract with CJ Concrete Construction, Inc. in the amount of $1,097,675 will be budgeted and available from the following two sources:
• TDA Grant Fund, Account No. 22047326-53001-220801-05 in the amount of $639,404.61.
• Measure I Funds, Account No. 22014310-53001-220801-22 in the amount of and $458,270.39.
Funds for the contract Change Order with Prescience Corporation for construction management services in the amount of $204,540 will be available in the Measure I Funds, Account No. 22014310-53001-220801-16.
Licensing
Prior to the execution of the Construction Contract, CJ Concrete Construction, Inc., will pay a Business License Tax in the amount of $1,154 for this project.