For City Council Meeting [August 10, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Michael Tahan, Interim Public Works Director
Title
Request City Council to Award a Construction Contract to EBS General Engineering, Inc. in the amount of $670,415 for the Easton Street Sidewalk Improvements Project, City Project No. 190811; Adopt Resolution No.7767 Amending the 2021-2022 Fiscal Budget and Amending the Measure I Five Year Capital Improvement Plan; and Approve Other Related Actions.
(ACTION)
Body
BACKGROUND
On July 10, 2019, the San Bernardino County Transportation Authority (SBCTA) Board of Directors approved funding from the Transportation Development Act (TDA), Article 3 Bicycle and Pedestrian Facilities Program, for the Easton Sidewalk Improvements Project in the amount of $226,000.
The Easton Sidewalk Improvements Project total estimated cost is $501,540, which includes $132,900 of soft costs (design, construction management, inspection, and project management), and $368,640 for construction costs. The SBCTA TDA Article 3 grant award is $226,000 which is 45% of the project cost, the City’s match will be utilized from local Measure I funds in the amount of $275,540.
The grant is for the construction of Americans with Disabilities Act (ADA) compliant sidewalk and curb returns along Easton Street between Acacia Avenue and Sycamore Avenue; and to additionally include general sidewalk repairs between Sycamore Avenue and East Highland Avenue, and to provide continuous pedestrian access and connectivity in the neighborhood including accessibility to Frisbie Park. Design and construction of facilities must conform to the general design criteria for non-motorized facilities as outlined in the Caltrans Highway Design Manual.
Area residents utilize the corridor for access to Frisbie Park, the Easton Commercial Center, churches, and nearby schools. The project will fill in a missing gap of sidewalk to improve accessibility to destinations on either end of Easton Street. The subject segment does not currently have sidewalk on either side of the street requiring pedestrians to walk in the street with traffic. The proposed sidewalk will improve pedestrian safety by providing a path of travel behind curbs. Installing sidewalk facilities will provide a safer path of travel that will be constructed in accordance with Americans with Disabilities Act (ADA) requirements and will also include ADA compliant curb ramps improving non-motorized mobility.
On September 22, 2020, the City Council approved a Professional Services Agreement with Engineering Resources of Southern California (ERSC) in the amount of $62,260.50 related to the design of sidewalk gap closure and connectivity to improve accessibility to these destinations.
The City held public outreach meetings, both via Zoom and on-site with individual residents to comprehensively work together with residents whose private improvements were affected the Project. All existing improvements within public-right-way will be rebuilt, relocated, or removed per request and per standard design criteria and guidelines. Coordination dates and correspondence type are attached as Exhibit A.
As part of the public outreach effort, the City also surveyed each property to determine existing septic and/or sewer laterals and connections service. All the residential parcels that are adjacent to the project have sewer laterals from their parcel to the main sewer line in the street. Not all parcels have taken advantage of the existing sewer lateral. There are a couple of parcels that currently have septic systems in operations. When the time comes to convert from septic to sewer, the property owner will not be required to disturb the street since the sewer lateral is to the back of right of way.
The design by ERSC consists of three (3) phases for construction. Construction of Phases 1 and 2 will occur ahead of Phase 3. Phase 3 includes the construction of new sidewalks and related work at the southeast corner of Easton Street and Acacia Avenue that will require relocation of two SCE poles. SCE is currently preparing their relocation plans, and the work at this area will be delayed until SCE commences the required power pole relocation.
The Phasing is described as follows:
Phase 1 - Easton Street from Acacia Avenue to Sycamore Avenue
Phase 2 - Easton Street from Sycamore Avenue to E. Highland Avenue
Phase 3 - Easton Street & Acacia Avenue to the southeast quadrant
The estimated construction start is September 2021. The construction contract duration is 60 working days.
ANALYSIS/DISCUSSION
On June 25, 2021, the City released RFB No. 21-052, Easton Street Sidewalk Improvements Project, City Project No. 190811 and published the Notice Inviting Bids in the San Bernardino County Sun on July 1, 2021, on the City of Rialto website, and on the PlanetBids.com website.
On July 13, 2021, the City received three (3) bids, tabulated in Table 1 below:
Table 1
A full bid summary is included as Attachment 1. The engineer’s estimate for phases 1, 2 & 3 was $585,000 to $656,000. The lowest responsible and responsive bid was $670,415.00 submitted by EBS General Engineering Inc. (EBS) of Corona, California.
Staff reviewed the bid and found EBS General Engineering to be properly licensed and qualified. EBS’s Disclosure, Contractor’s License, and DIR Registration documents are included as Attachment 2.
Staff recommends that the City Council accept the bid received from EBS General Engineering Inc. as the lowest responsible and responsive bid. A construction contract with EBS for the project is included as Attachment 3.
Design Support Services
Staff Recommends approval of the First Amendment to the Contract Services with Engineering Resources of Southern California in the amount of $11,237.75 for a total Contract Amount Not-To-Exceed of $73,498.25. The additional design services are include: (1) Coordination with Property Owners, and (2) revision of plans to replace all existing sidewalk in lieu of replace only non-ADA compliant sidewalk.
The Disclosure Form from ERSC is included as Attachment 4.
The First Amendment to ERSC’s Professional Service Agreement and Proposal letter with estimate for Design Support Services is included as Attachment 5.
Construction Management and Inspection Services
On July 11, 2019 the City Council approved an agreement with TKE Engineering, Inc., (TKE) to provide on-call as needed Construction Management / Inspection Services (CM Services) for various future capital projects. The agreement with TKE allows for Staff to request proposals for providing CM Services on individual projects as they are required. In this case, Staff requested a proposal from TKE to provide CM Services on this project; a copy of the proposal is included as Attachment 6. Staff Recommends the authorize the issuance of a Purchase Order in the amount of $104,860 for CM Services for this project.
TKE as Project Manager, has previously coordinated with the residents and met with each affected party to coordinate their concerns and preferences relative to existing improvements and collectively agreed upon the best path forward to construct the sidewalk and preserve landscaping, decorative walls, sprinkler systems etc. TKE Engineering has remained actively involved throughout the design process answering all questions and correspondence brought forth by the residents.
The Disclosure Form from TKE is included as Attachment 7.
Change Orders
In addition, staff is recommending City Council delegate authority to the City Manager to approve Change Orders that might be required during construction, subject to the City Manager’s express review and approval, in a cumulative amount not to exceed $50,000.
Measure I Amendment
At the July 27, 2021, City Council meeting, Council Adopted Resolution No. 7761 adopting the Fiscal Year 2021/2022 - 2025/2026 Measure I Five Year Capital Improvement Plan and Expenditure Strategy. The adopted Measure I Plan allocated $210,494.41 from the Local Measure Fund in Fiscal Year 2021/2022 for the construction of Easton Sidewalk. The Measure I Plan will require revision to account for the final cost of the project, and Staff recommends the City Council adopt the Resolution amending the Measure I Plan and approving an increased expenditure in the Measure I Fund for the project.
ENVIRONMENTAL IMPACT
Section 21084 of the California Public Resources Code requires that the guidelines for implementation of the California Environmental Quality Act (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 public structures or facilities; therefore, the modification, renovation, ADA improvements at Easton Street Sidewalk, City Project No. 190811 is considered categorically exempt from CEQA. Staff has prepared and will file a Notice of Exemption for the project, included as Attachment 8.
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.
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report.
FINANCIAL IMPACT
Operating Budget Impact
The proposed action will not affect the Operating Budget.
Capital Improvement Budget Impact
The project is currently funded by the SBCTA TDA Article 3 funds of $226,000 which is 45% of the project cost, and the City’s match from local Measure I Funds in the amount of $275,540.
Staff recommends that the original project budget be revised to reflect the increase in the Construction costs. Staff recommends that an additional $451,335 be appropriated from the Measure I Fund Account to accommodate additional budget for administration, construction, construction support services, and an overhead allocation as shown in the following Table 2:
Table 2
After adoption of the requested Budget Resolution, funds to appropriate for award of the construction contract with EBS General Engineering Inc. in the amount of $670,415, will be available from the following two sources:
• TDA Article Fund Account No. 204-500-7326-3001-190811-22 in the amount of $226,000; and
• Measure I Fund Account No. 201-500-4310-3001-190811-05 in the amount of $444,415.
After adoption of the requested Budget Resolution, funds to appropriate for the Contract Amendments with ERSC in the amount of $11,237.75 and TKE in the amount of $104,860 will be available in Measure I Fund Account No. 201-500-4310-3001-190811-15/16.
Licensing
A Business License application and payment of a Business License tax at the Professional Services rate in the amount of $729 will be assessed against the project and paid by interoffice transfer for EBS General Engineering Inc. and $79 will be paid by Engineering Resources of Southern California and $179 will be paid by TKE Engineering Inc.
RECOMMENDATION
Staff recommends that the City Council:
• Award a Construction Contract to EBS General Engineering Inc. in the amount of $670,415 for the Easton Street Sidewalk Improvements Project, City Project No. 190811.
• Approve the First Amendment to the Contract Services with Engineering Resources of Southern California in the amount of $11,237.75 for Engineering Design Services for a Total Contract Amount Not-To-Exceed of $73,498.25.
• Authorize issuance of a Purchase Order to TKE Engineering Inc. in the amount of $104,860 for Construction Management, Inspection, Labor Compliance, Geotechnical and Material Testing Services
• Delegate authority to the City Manager to Approve Change Orders in a cumulative amount not to exceed $50,000.
• Adopt Budget Resolution No. _____ Amending the 2021-2022 Fiscal Budget Appropriating $451,335 from the Local Measure I Fund and Amending the Fiscal Year 2021/2022 - 2025/2026 Measure I Five Year Capital Improvement Plan and Expenditure Strategy.
• Authorize the City Manager to execute all necessary documents.