For City Council Meeting [November 14, 2017]
TO: Honorable Mayor and City Council
APPROVAL: Michael Story, City Administrator
FROM: Robert G. Eisenbeisz, P.E., Public Works Director/City Engineer
Title
Request City Council to Award a Construction Contract to Promised Land Nursery, a California Corporation, in the amount of $417,777 for the Bloomington Avenue Median Conversion Project, City Project No. 140806 and 160808.
(ACTION)
Body
BACKGROUND:
On May 13, 2014, the City Council approved a Professional Services Agreement with Architerra Design Group for the requested services related to the Engineering, Landscape Design and Project Management Services for the Rialto Community Garden Project and the Bloomington Avenue Landscape Median Conversion Project.
On April 1, 2015, the Governor issued an Executive Order directing the State Water Resources Control Board to adopt emergency drought conservation regulations that result in a collective Statewide 25% reduction in potable urban water usage as compared to 2013.
On May 5, 2015, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2015-0032, which amended and readopted the emergency drought conservation regulations adopted in 2014. These regulations went into effect on May 18, 2015. Pursuant to Article 22.5 Section 864(a) of the Drought Emergency Water Conservation, “To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (7) The irrigation with potable water of ornamental turf on public street medians.
The City proposed the Landscape Median Conversion Project in response to the emergency conservation regulations to remove and replace median turf with a drought tolerant alternative. Since the restrictions continue to prohibit the use of potable water for turf in street medians, conversion of the turf to drought tolerant landscaping using drip irrigation is the best way to maintain an aesthetically acceptable streetscape.
On July 20, 2015, the City of Rialto submitted grant applications to the San Bernardino Valley Municipal Water District for median turf removal projects. SBVMWD offered the grant in response to the conservation restrictions to remove and replace median turf with a drought tolerant alternative. The City Council accepted the grant funding from San Bernardino Valley Municipal Water District on January 26, 2016, in the amount of $318,268.
On December 13, 2016, the City Council authorized the release of Request for Bids for the Bloomington Avenue Median Conversion Project from Riverside Avenue to Willow Avenue.
On January 26, 2017, the City released RFB No. 17-064 for the Bloomington Avenue Median Conversion Project from Riverside Avenue to Willow Avenue, City Project No. 140806 and 160808, and published the Notice Inviting Bids in the San Bernardino County Sun; posted notice on the City of Rialto website and provided construction documents to various plan rooms. On March 2, 2017, the City received nine (9) bids.
On August 8, 2017, City Council rejected all bids received for the Bloomington Avenue Median Conversion Project, City Project No.’s 140806 and 160808 based upon available funding and the need to expand the conversion to include additional medians southwesterly of Willow Avenue to Spruce Avenue; and directed Staff as recommended by the Economic Development Committee to re-release Request for Bids for the Construction-phased Approach for the Bloomington Median project.
ANALYSIS/DISCUSSION:
On October 5, 2017, the City released RFB No. 18-030 for the Bloomington Avenue Median Conversion Project (Phase 1) from Riverside Avenue to Spruce Avenue, City Project No. 140806 and 160808, and published the Notice Inviting Bids in the San Bernardino County Sun; posted notice on the City of Rialto website and provided construction documents to various plan rooms.
On October 23, 2017, the City received the following ten (10) bids.
The City received the lowest responsive bid from Promised Land Nursery, of Menifee, CA. After thorough review, City staff found its bid complete in all respects. On this basis, staff recommends that the City Council accept the bid received from Promised Land Nursery as the lowest responsive bid, which is within the engineer’s estimate of $350,000 to $425,000. The second apparent low bid is 12% higher than the apparent low bid. The Construction Contract for Promised Land Nursery is included as Attachment 1.
Staff reviewed the bid, references, and contractor’s Licenses, and found Promised Land Nursery to be properly licensed and qualified. Contractor’s Licenses and reference checks are included as Attachment 2. Chapter 2.47 of the Rialto Municipal Code includes provisions for local preference to firms located in Rialto for non-construction contracts; however, as a general law city, Rialto must award construction contracts to the lowest responsible bidder, thus the provisions of Chapter 2.47 do not apply to this project. The engineer’s estimate for the project was $350,000 to $425,000 and the lowest responsive bid was $417,777.
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 categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities”, Class 1 projects consist of the minor alteration of existing public structures or facilities, therefore, the Bloomington Avenue Median Conversion Project, City Project No. 140806 and 140808 are considered categorically exempt from CEQA. Staff has prepared and filed the Notice of Exemptions for the project, included as Attachment 3.
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 complies with the City of Rialto General Plan Goal and Policies:
Goal 3-11: Provide community facilities that adequately support established programs, can accommodate future needs, and are accessible to all members of the community.
Goal 3-11.1: Allocate resources for the maintenance and operations of City facilities; explore alternative funding options for maintenance and operational costs of new facilities.
LEGAL REVIEW:
The City Attorney has reviewed and approved the staff report and construction contract.
FINANCIAL IMPACT:
The City Council established the budget for Median Conversion Projects, City Project No. 140806 and 160808. Funding for construction is available in account 223-500-7305-3001 in the amount of $418,000. This cost will be offset by the Valley District rebate grant amount of $318,268.
LICENSING
A Business license application and payment of a Business License tax at the Professional Service rate in the amount of $454.00 will be paid by the vendor prior to execution of the Professional Service Agreement/Purchase Order/ Construction Contract.
RECOMMENDATION:
Staff recommends that the City Council award a Construction Contract to Promised Land Nursery in the amount of $417,777 for the Bloomington Avenue Median Conversion Project, City Project No. 140806 and 160808.