For City Council Meeting [February 27, 2024]
TO: Honorable Mayor and City Council
FROM: David Carmany, City Manager
AUTHOR: Tim Sullivan, Director of Maintenance and Facilities
Title
Consideration of a contract change order in the amount of $196,000 to Proactive Engineering Consultants pursuant to their On-Call Agreement for Professional Civil Engineering Services for design of the Bemis Elementary School Safe Routes to School Project.
(ACTION) POWERPOINT
Body
BACKGROUND:
On July 13, 2021, the City Council authorized submittal of applications through the San Bernardino 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. The SRTS plan identifies issues and opportunities related to suggested routes for walking and bicycling. Using the SRTS Plan, Bemis Elementary School was identified as being among the highest-ranked priority locations.
On November 15, 2022, the City Council approved an on-call agreement with Proactive Engineering Consultants (Proactive) for On-Call Professional Civil Engineering Services for an initial three (3) year term, with two (2) optional one (1) year extensions.
On October 13, 2023, the SBCTA Board of Directors approved projects submitted for TDA Article 3 Call for Projects, which included the Bemis Elementary School Safe Routes to School Project in the amount of $716,745. A copy of the award notification letter from SBCTA is included as Attachment 1.
On November 14, 2023, the City Council adopted Resolution No. 8171, formally accepting the Bemis Elementary School Safe Routes to School Project funds.
ANALYSIS/DISCUSSION:
Proactive Engineering submitted a proposal to the City for the design of the Bemis Elementary School Safe Routes to School Improvements Project. The proposed project will consist of installing sidewalks, Americans with Disabilities Act of 1990 (ADA) curb ramps, school signage, and crosswalks. Staff has reviewed and recommends approval of the proposal provided by Proactive based on their experience with civil design. Proactive provided a fee proposal in the amount of $196,000 for design. A copy of their proposal is included as Attachment 2, and a copy of Proactive’s Disclosure Statement is included as Attachment 3.
At the January 23, 2024, City Council meeting, the Council considered this item; however, because of additional information being requested by the Council about the project, it was tabled. Staff was directed by the Council to conduct additional research and return this item on February 13, 2024. The item was presented at the Council meeting on February 13, 2024; however, the recommended motion did not receive a ‘second’ motion, therefore this topic is being presented for final Council consideration.
The Council had specific questions regarding utility obstructions within the placement of the new ADA sidewalk ramps, the construction of bicycle lanes on Pepper Avenue, and how ADA pathways were going to be maintained during construction. A project map is included as Attachment 4.
Staff conducted a more in-depth field assessment of the project area and concluded that at least one location might possess utility obstructions, which could require the relocation of both dry and wet utilities. Once the design phase of the project has progressed to at least 65% completion, staff will have a better awareness of all obstructions. This is due to multiple factors, such as ADA ramp design, right-of-way widths, and current earth/sidewalk grades. It is possible that there may not be any obstructions requiring utility relocation due to the fact that the selected design firm proposes the SRTS improvements in such a way as to avoid all right-of-way obstructions.
The proposed SRTS sidewalk improvements are not currently ADA compliant, and one of the primary goals of the City’s SRTS program is to eliminate these barriers. Once the project design is completed and under construction, detour signs and alternative paths of travel will be designated. To lessen impacts on pedestrians further, it may be possible to schedule construction activity during the Rialto Unified School District’s summer recess.
The original improvement concept included in the SRTS program proposed bicycle lanes on Pepper Avenue. These bicycle lanes were omitted from the request for proposals related to this project because bicycle lane stripping is included with the current San Bernardino-led Pepper reconstruction project.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for the Implementation of the California Environmental Quality Act (CEQA). The Guidelines are required to include a list of classes of projects that have been determined not to have a significant effect on the environment and 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, licensing, or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; therefore, the Bemis Elementary School Safe Routes to School (SRTS) Project is considered categorically exempt from CEQA, and Notice of Exemptions will be prepared and filed with the San Bernardino County Clerk.
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.
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 use of their cars for short trips, maintain a circulation system that supports local businesses’ needs. These efforts will contribute to reductions in greenhouse gas emissions pursuant to State mandates.
Goal 4-3: Protect residences, sensitive land uses, and pedestrians from activities along rail corridors.
Policy 4-3.1: Continue to upgrade rail crossings to improve the pedestrian and vehicular circulation networks.
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 staff report.
FINANCIAL IMPACT:
Operating Budget Impact:
There is no impact on the Operating Budget.
Capital Improvement Budget Impact:
The project is currently funded by the TDA Article 3 grant in the TDA Article 3 Grant Fund, Account No. 22047326-53001-240805, in the amount of $716,745. A local match of $457,615 has been budgeted through the Measure I Fund, Account No. 22014310-53001-240805. The total budget for the project is $1,174,360.
Funds are available in the TDA Article 3 Grant Fund, Account No. 22047326-53001-240805, for the Contract Change Order Request from Proactive in the amount of $196,000.
Licensing
Prior to the execution of the Professional Service Agreement, the vendor shall submit a business license application and pay a Business License tax at the rate of $254, as well as Administration and State fees.
RECOMMENDATION:
Staff requests that the City Council:
1. Authorize a Contract Change Order in the amount of $196,000 to Proactive Engineering Consultants pursuant to their On-Call Agreement for Professional Civil Engineering Services for the design of the Bemis Elementary School Safe Routes to School Project, City Project No. 240805; and
2. Authorize the City Manager to execute all related documents.