For City Council Meeting [November 15, 2022]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Alberto Paiva, P.E., Director of Engineering Services/City Engineer
Title
Request City Council to: (1) Award a Construction Contract to Matich Corporation, a California Corporation in the amount of $18,155,605.28 for Bid Schedules A, B and C for the Street Overlay & Reconstruction Project (Various Streets Reconstruction Project), City Project No. 210804; (2) Authorize a Purchase Order in the amount of $2,990,429 with Prescience Corporation pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for the Various Streets Reconstruction Project, City Project No. 210804; (3) Delegate Authority to the City Manager to Approve Contract Change Orders in the Cumulative Amount of $1,000,000 and (4) Authorize the City Manager to Execute all Documents.
(ACTION)
Body
BACKGROUND
On September 22, 2020, the City Council awarded a Professional Services Agreement (PSA) to Advanced Civil Technologies (ACT) in the amount of $1,823,986.50 for design of the 2020/2021 Street Overlay & Reconstruction Project, City Project Nos. 180807 and 210804. This work included the design for the reconstruction of the two (2) segments of Riverside Avenue, as well as various additional street segments throughout the City with poor pavement condition.
On January 11, 2022, the City Council received a presentation on the City’s Pavement Management Program and approved a Revised List of City Streets scheduled for overlay and reconstruction and authorized the Release of Request for Bids for the Street Overlay & Reconstruction Project (Various Streets Reconstruction Project), City Project No. 210804.
On April 12, 2022, the City Council approved a Second Amendment to ACT’s contract in the Amount of $201,417.74 for engineering design services for the reconstruction of the additional street segments for the Street Overlay & Reconstruction Project (Various Streets Reconstruction Project), City Project No. 210804.
ANALYSIS/DISCUSSION
On October 10, the City released RFB No. 23-017 for the Street Rehabilitation Project, City Project No. 210804, and published the Notice Inviting Bids on the PlanetBids.com website.
Given the scope of this project it was bid in separate Bid Schedules to allow the City Council to award a contract given the available budget and the bid prices for the various grouping of streets.
Bid Schedule A of the specifications includes the Major Arterial streets identified in the January 11, 2022, approved list of streets:
• Cactus Avenue: City Limit to Walnut Avenue; PCI = 54
• Cedar Avenue: Etiwanda Avenue to Rialto Avenue; PCI = 52 to 55
• Cedar Avenue: Merrill Avenue to Randall Avenue; PCI = 48
• Rialto Avenue: Maple Avenue to Linden Avenue; PCI = 59
The Engineer’s estimate for Bid Schedule A was $7,300,000.
Bid Schedule B of the specifications includes some of the Secondary Arterial streets identified in the January 11, 2022, approved list of streets:
• Casa Grande Drive: Alder Avenue to Locust Avenue; PCI = 55
• Maple Avenue: West Coast Blvd. to Summit Avenue; PCI = 60
• Maple Avenue (East Half): Baseline Road to Etiwanda Avenue; PCI = 40
(Note this segment is shared with Fontana, and will require a cooperative agreement)
• Merrill Avenue: Riverside Avenue to Eucalyptus Avenue; PCI = 45 to 59
• Santa Ana Avenue: Lilac Avenue to Riverside Avenue; PCI = 8 to 14
The Engineer’s estimate for Bid Schedule B was $7,600,000.
Bid Schedule C of the specifications includes approximately one-half of the Collector streets identified in the January 11, 2022, approved list of streets:
• Bohnert Avenue: Ayala Drive to Cactus Avenue; PCI = 28 to 35
• Easton Street: West of Brampton Avenue to City Limit; PCI = 45 to 47
• Etiwanda Avenue: Lilac Avenue to Willow Avenue; PCI = 42 to 61
• Eucalyptus Avenue: Rialto Avenue to Merrill Avenue; PCI = 22 to 50
(Note this segment is shared with City of San Bernardino and requires a cooperative agreement)
• Eucalyptus Avenue: Etiwanda Avenue to Foothill Boulevard; PCI = 45
(Note a portion of this segment is shared with City of San Bernardino)
• Lilac Avenue: Tahoe Street to Walnut Avenue; PCI = 31 to 48
(Note a portion of this segment is shared with San Bernardino County and requires a cooperative agreement)
• Meridian Avenue: Baseline Road to Madrona Road; PCI = 36
• Santa Ana Avenue; Riverside Avenue to East End; PCI = 17
• Sycamore Avenue; Etiwanda Avenue to Foothill Blvd; PCI = 39 to 42
The Engineer’s estimate for Bid Schedule C was $6,200,000.
Bid Schedule D of the specifications includes approximately one-half of the Collector streets identified in the January 11, 2022, approved list of streets:
• Acacia Avenue: Rialto Avenue to Merrill Avenue; PCI = 55
• Bohnert Avenue: Cedar Avenue to Ayala Drive; PCI = 60
• Etiwanda Avenue: Maple Avenue to Cedar Avenue; PCI = 57 to 62
• Etiwanda Avenue: Sycamore Avenue to Eucalyptus Avenue; PCI = 59 to 62
• Etiwanda Avenue: Cactus Avenue to Lilac Avenue: PCI = 42 to 61
• Eucalyptus Avenue: Walnut Avenue to Baseline Road; PCI = 49
• Eucalyptus Avenue: Merrill Avenue to Carter Street; PCI = 22 to 50
• Easton Street: Arrowhead Avenue to Brampton Avenue; PCI = 45 to 47
• Lilac Avenue: Foothill Blvd. to Rialto Avenue; PCI = 62
• Randall Avenue: Riverside Avenue to Sycamore Avenue; PCI = 62
• Sycamore Avenue; Wilson Street to Merrill Avenue; PCI = 63
The Engineer’s estimate for Bid Schedule D was $8,300,000.
Bid Schedule E of the specifications includes some of the Secondary Arterial streets identified in the January 11, 2022, approved list of streets that are recommended to be deferred to allow for future widening improvements as part of another capital project:
• Lilac Avenue: Slover Avenue to Maywood Avenue; PCI = 46
• Linden Avenue: Riverside Avenue to Persimmon Avenue; PCI = 53
• Linden Avenue: Norwood Street to Casmalia Street; PCI = 49 to 56
• Locust Avenue: Riverside Avenue to Casmalia Street; PCI = 18 to 61
• Summit Avenue; Maple Avenue to Apple Avenue; PCI = 40 to 56
The Engineer’s estimate for Bid Schedule E was $6,800,000.
On November 8, 2022, the City received four (4) bids, tabulated in Table 1 below:
The Basis of Award was identified as the sum of Bid Schedule A and Bid Schedule B. The lowest responsive bidder is Matich Corporation.
A full bid summary is included as Attachment 1. The engineer’s estimate was $36,200,000 and the lowest overall bid submitted by Matich Corporation was $29,203,917.92 or 8% below the engineer’s estimate.
Staff reviewed the bid and found Matich Corporation to be properly licensed and qualified. Matich’s Disclosure Statement, Contractor’s License and DIR verification documents are included as Attachment 2. Staff recommends that the City Council accept the bid received from Matich Corporation and award a contract to include Bid Schedules A, B and C. A construction contract with Matich Corporation for the project is included as Attachment 3.
Staff also recommends that the City Council authorize the City Manager to review and approve contract change orders in a cumulative amount not to exceed $1,000,000.
The following streets are shared with adjacent cities or the County and Staff is coordinating cooperative agreements to share in the cost of the street reconstruction work.
Eucalyptus Avenue (Rialto Avenue to Carter Street)
Eucalyptus Avenue (Etiwanda Avenue to Foothill Boulevard)
Lilac Avenue (Easton Street to Walnut Avenue)
Maple Avenue (Baseline Road to Etiwanda Avenue)
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 prior constructability review of the Project plans and their experience overseeing projects of this magnitude similar in scope to the Project. A copy of their proposal is included as Attachment 4. Prescience has provided a fee proposal of $2,990,429 to provide the required construction phase services through the duration of the project. A copy of Prescience’s Disclosure Statement is included in Attachment 5.
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 Street Overlay & Reconstruction Project, City Project No. 210804 is considered categorically exempt from CEQA. Staff has prepared and will file a Notice of Exemption for the project.
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 4-1: Provide transportation improvements to reduce traffic congestion
associated with regional and local trip increases.
Policy 4-1.1: Establish and maintain standards for a variety of street classifications to serve both local and regional traffic, including Major Arterial Highways, Major Arterials, Secondary Arterials, Collector Streets, and Local Streets.
LEGAL REVIEW
The City Attorney has reviewed and recommends approval of this staff report and the Construction Contract.
FINANCIAL IMPACT
Operating Budget Impact
The proposed action will not affect the Operating Budget.
Capital Improvement Budget Impact
On October 26, 2021, the City Council received a presentation on the General Fund Ending Fiscal year 2020-2021 Report and approved amending the Fiscal Year 2021/2022 Budget to appropriate $10 million for street paving repairs, of which $6 million was programmed for the third segment of Riverside Avenue (Metrolink south to San Bernardino Avenue), leaving $4 million programmed for this project.
Also on October 26, 2021, the City Council approved the appropriations of the City’s $29,373,105 in Coronavirus State and Local Fiscal Recovery (SLFR) Funds and appropriated $10 million for street paving repairs, fully allocated to this project.
Additionally, the project is funded from GAS Tax, Measure I, and SB-1, Waste Management.
The total currently adopted project budget is $24,198,915. The current balance available for new expenditures (funds accumulated and carried forward) is summarized in the Table below:
The Construction Contract with Matich Corporation in the amount of $18,155,605.28 will be funded from the following:
• Gas Tax, Account Number 202-500-4317-3001-210804-05: $2,847,522
• SB1- Gas Tax Fund, Account No. 203-500-7305-3001-210804-45: $1,400,000
• Waste Management Fund, Account No: 212-500-7305-3001-210804-22: $6,680,000
• ARPA Funds, Account No. 300-500-7305-3001-210804-65: $7,228,083
The Purchase Order with Prescience Corporation in the amount of $2,990,429 will be funded from the Capital Project Fund, Account No. 300-500-7305-3001-210804-16.
Licensing
Matich Corporation and Prescience Corporation will pay a Business License Tax prior to commencing the services for this project.
RECOMMENDATION
Staff requests that City Council:
(1) Award a Construction Contract to Matich Corporation, a California Corporation in the amount of $18,155,605.28 for Bid Schedules A, B and C for the Street Overlay & Reconstruction Project (Various Streets Reconstruction Project), City Project No. 210804;
(2) Authorize a Purchase Order in the amount of $2,990,429 with Prescience Corporation pursuant to the City’s “On-Call” Agreement for Construction Management, Inspection, and Materials Testing Services for the Various Streets Reconstruction Project, City Project No. 210804;
(3) Delegate Authority to the City Manager to Approve Contract Change Orders in the Cumulative Amount of $1,000,000 and
(4) Authorize the City Manager to Execute all Documents