For City Council Meeting [June 8, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Sean Grayson, Acting City Manager
FROM: Michael Tahan, Interim Public Works Director
Title
Request City Council to 1) Adopt Resolution No. 7734 to Accept Additional Funding in the amount of $300,430 from the Highway Safety Improvement Program (HSIP) Grant Funding Administered by Caltrans; 2) Amend the Construction Contract for Elecnor Belco Electric, Inc. to construct Bid Schedule C in the Amount of $334,596; and 3) Authorize the City Manager to Approve Amendments for Project Management, Administration and Potential Change Orders in the Not-to-Exceed Amount of $148,165 all for the Protected-Only Left Turn Signal Phasing and Signal Hardware Improvements, City Project 170811.
(ACTION)
Body
BACKGROUND
On March 28, 2017, the City Council accepted a grant awarded by the Highway Safety Improvement Program (HSIP) Cycle 8 from the Federal Statewide Transportation Improvement Plan (FSTIP) in the amount of $990,000 to improve safety for motorists and pedestrians traveling at four (4) intersections within the City and installation of protected-only left turn signal phasing. The intersection locations were identified by the City as the most critical intersections through the Traffic Injury Mapping System that would achieve the best opportunity for the competitive grant because it achieved a high benefit to cost ratio. The following is a list of the intersections that were applied for and approved for funding:
• Baseline Road and Sycamore Avenue (E-W Direction)
• Baseline Road and Eucalyptus Avenue (E-W Direction)
• Etiwanda Avenue and Cedar Avenue (N-S Direction)
• Riverside Avenue and Alder Avenue(N-Direction)
On August 8, 2017, City Council awarded a design contract to Albert Grover & Associates (Currently AGA Engineers) in the amount $48,800. On March 14, 2019, Caltrans approved the environmental document, clearing the way for the City to apply for construction funding. On February 6, 2020, Caltrans authorized construction funding in the amount of $890,000 for the construction phase of the project. The updated engineer’s estimate and the lowest bid received exceeded the grant amount. Staff is currently working with Caltrans to get additional funding.
On April 28, 2020, the City Council authorized the Release of Request for Bids No. 20-053 for the Construction of Protected-Only Left Turn Signal Phasing and Signal Hardware Improvements at Four (4) Intersections, City Project No 170811.
On September 22, 2020, the City Council awarded the contract to Elecnor Belco Electric, Inc. for Bid Schedules A, B and D in the amount of $710,906 for the Construction of the Protected-Only Left Turn Signal Phasing and Signal Hardware Improvements and increased the Purchase Order with AGA Engineers in the amount of $23,780 to provide Engineering Support during the Construction Phase. Staff continued to work with Caltrans to obtain additional funding. Caltrans required a new HSIP Analyzer with Benefit Cost Ratio (BCR) table. This new BCR was to be evaluated using the most recent 3-5 year collision data within the project scope.
On March 24, 2021, Staff received notice from the Caltrans Local Assistance office that the Highway Safety Improvement Program (HSIP) will add additional funding of $300,430 to the project.
ANALYSIS/DISCUSSION
Construction Award:
On June 25, 2020, the City released Requests for Bids No. 21-001 for the Construction of the ProtectionO-nly Left Turn Signal Phasing and Signal Hardware Improvements at Four (4) Intersections and on August 6, 2020, the City received ten (10) bids. Elecnor Belco Electric, Inc. was found to be the lowest responsible bidder.
The breakdown in bid schedules submitted by Elecnor Belco Electric Inc. was as follows:
The total construction bid amount submitted by Elecnor Belco Electric, Inc exceeded the Highway Safety Improvement Program (HSIP) Cycle 8 awarded grant amount of $990,000 by $55,502, so only Bid Schedule A, B & D were awarded on September 22, 2020.
City Staff continued to work with Caltrans to secure additional funding to construct Bid Schedule C. Per Caltrans Local Assistance, any request for additional funding beyond $100K or 25% of the original project cost must be justified with a new BCR analysis using the most recent 3-5 year collision data with the project scope. Staff compiled all the required information and applied for additional funding.
On March 24, 2021, the City was informed by Caltrans that the HSIP would add additional funding not exceeding $300,430 to the project as a post programming change. Caltrans Local Assistance has required LAPM Form 3-A to be submitted in order to reflect the additional funds. Staff is currently preparing this form.
The current budget for the Protected-Only Left Turn Signal Phasing and Signal Hardware Improvements is $990,000 in HSIP grant funding (administered by Caltrans) plus the additional grant funds of $300,430 for a combined project budget of $1,290,430. A contract was awarded to Elecnor Belco Electric for $710,906. The budget for the construction phase of the project is now $1,045,502, which fully covers construction of Bid Schedule C in the amount of $334,596 and provides $148,165 in additional available project funds for Project Management, Administration and Potential Change Orders.
Staff is recommending amending the contract with Elecnor Belco Electric, Inc. to include the construction of Bid Schedule C in the amount of $334,596 for a total contract price of $1,045,502.00. The Company’s Disclosure Statement is included as Attachment 3.
In addition, Staff is also requesting authorization for the City Manager to Approve Amendments for Project Management, Administration and Potential Change Orders in the Not-to-Exceed amount of $148,165.
The table below summarizes project budget and expenditures summary.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (CEQA). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are 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 to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public structures, facilities, mechanical equipment or typographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Therefore, staff has determined that the Protected-Only Left Turn Signal Phasing and Signal Hardware Improvements, City Project No. 170811, is considered categorically exempt from CEQA and a Notice of Exemption (NOE) has been prepared and filed with the San Bernardino County Clerk. A copy of the NOE is included as Attachment 1.
The Project is funded by federal funds, requiring local oversight by Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (NEPA). On March 14, 2019 Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS) and there are no unusual circumstances pursuant to Section 6004 of 23 CFR 771.117(b). On the basis of this determination under federal delegation pursuant to Chapter 3 of Title 23, United States Code, Section 326 and a Memorandum of Understanding (MOU) dated June 7, 2013, executed between the Federal Highway Administration (FHWA) and the State of California, Caltrans has determined that the Project qualifies for a Categorical Exclusion in accordance with 23 CFR 771.117(c) pursuant to activity (c)(3). A copy of the NEPA Categorical Exclusion is included as Attachment 2.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
Approval of this action also complies with the following City of Rialto General Plan Goals and Policies:
Goal 3-6: Require that all developed areas within Rialto are adequately served with essential public services and infrastructure.
Goal 3-7: Upgrade public infrastructure as an inducement to promote private investment.
Goal 4-1: Provide transportation improvements to reduce traffic congestion associated with regional and local trip increases.
LEGAL REVIEW
The City Attorney has reviewed and supports the staff report and the Construction Contract.
FINANCIAL IMPACT
Operating Budget Impact
The traffic signal upgrades to the four (4) intersections is already part of the City’s traffic signal system which is being maintained by the City’s traffic signal maintenance contractor and is likely to not result in additional future maintenance costs.
Capital Improvement Budget Impact
The Highway Safety Improvement Program (HSIP) additional funds approved is $300,430. Staff recommends increasing estimated revenue in the Grants Project Fund Account No. 223-400-4420-7536-170811-06 in the amount of $300,430, and corresponding expenditures in the Grants Project Fund Account No. 223-500-4420-3001-170811-22 in the amount of $300,430.
The Amendment to the Construction Contract for Elecnor Belco Electric, Inc. to construct Bid Schedule C in the amount of $334,596 will be funded by the Major Capital Grants Fund, Account No. 223-500-4420-3001-170811-22.
Licensing
A Business License application and payment of a Business License tax at the applicable Professional Service rate in the amount of $404 will be paid by Elecnor Belco Electric, Inc.
RECOMMENDATION
Staff recommends that the City Council:
1) Adopt a resolution to Accept Additional Funding in the amount of $300,430 from the Highway Safety Improvement Program.
2) Amend the Construction Contract for Elecnor Belco Electric, Inc. to construct Bid Schedule C in the amount of $334,596.
3) Authorize the City Manager to Approve Amendments for Project Management, Administration and Potential Change Orders in the Not-to-Exceed amount of $148,165.