CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

Transcription

1 AGENDA ITEM NO CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA TITLE: Adopt resolution approving the Rural Roads Shoulder Backing Improvements Project (WRM001) (Re-bid), authorizing the City Manager to execute a construction contract with Vintage Paving Co., Inc. in the amount of $249,187.50; and authorizing the City Engineer to approve change orders not-to-exceed $24, (CEQA Exempt) MEETING DATE: May 24, 2017 PREPARED BY: Michael Karoly, Deputy CIP Manager Kevin Bewsey, Senior Civil Engineer Rick Carter, Capital Program Manager DEPARTMENT HEAD: Robert Murdoch, Public Works Director / City Engineer RECOMMENDED ACTION: Staff recommends the City Council adopt a resolution: 1) Approving the Rural Roads Shoulder Backing Improvements Project (WRM001) (Rebid) (Project) and authorizing the City Manager to execute a construction contract with Vintage Paving Co., Inc. in the amount of $249,187.50; and 2) Authorizing the City Engineer to approve change orders not-toexceed $24,

2 Elk Grove City Council May 24, 2017 Page 2 of 5 BACKGROUND INFORMATION: TheProject will raise and flatten shoulders by placing shoulder backing on portions of Grant Line Road, Bradshaw Road, Kammerer Road and Waterman Road. Shoulder backing is a gravel material placed in the shoulders adjacent to the roadway. This material will eliminate the existing drop that has developed over time between the existing pavement surface and the adjacent shoulder. The original call for bids was advertised on August 5, 2016 and August 12, The City Clerk received two bids on Thursday, September 1, The bids received were for $ and $622, from Martin Brothers Construction and Delta Construction Company respectively. Both bids exceeded the available project funding. On October 12, 2016, the City Council rejected all bids and directed the City Engineer to re-bid the Project. The Project Location Map is provided as Attachment 2. BID ANALYSIS: The call for bids was advertised on March 17, 2017 and March 24, The City Clerk received the following bids on Tuesday, April 18, 2017: Table 1 Bids Received Engineer s Estimate $ 330,120 All-American Construction, Inc Market St., Ste. A Yuba City, CA Vintage Paving Co., Inc. 119 Main St. Winters, CA Lamon Construction Co., Inc. 871 Von Geldern Way Yuba City, CA B&M Builders, Inc Sunrise Park Dr., Ste. C Rancho Cordova, CA Sierra National Construction, Inc El Camino Ave., Ste. 4 Carmichael, CA Martin Brothers Construction 8801 Folsom Blvd, Ste. 260 Sacramento, CA $ 242,500 $ 249,187 $ 252,067 $ 286,667 $ 290,969 $ 530,527 2

3 Elk Grove City Council May 24, 2017 Page 3 of 5 The Project is federally funded, which requires that the City establish a Disadvantaged Business Enterprise (DBE) goal in support of local, certified DBE contractors. The bid requirements included a DBE goal of 10%. Staff has the authority to waive the goal requirements if the contractor is able to document a Good Faith Effort, which includes specific details of their due diligence in attempting to meet the DBE Project goal. After review of the bids received, staff has determined that All-American Construction, Inc. (All-American) did not meet the DBE goal of 10%. All- American s DBE Participation in their bid documents is 8.2%. Staff concluded the Good Faith Effort documentation provided by All-American did not substantiate All-American s due diligence in attempting to meet the DBE goal. Upon notification of the inadequacy of their Good Faith Effort, All American participated in an Administrative Reconsideration Hearing process specified under the federal funding requirements. The Administrative Reconsideration Hearing Panel concluded that All- American did not substantiate an adequate Good Faith Effort. As a result, staff finds All-American s bid non-responsive. Staff has determined that Vintage Paving Co., Inc. is the lowest responsible bidder, submitting the lowest responsive total bid price of $249, Vintage Paving Co., Inc. exceeded the DBE goal established for this Project with a DBE participation of 94.1% as they are a DBE prime contractor. In the event that Vintage Paving Co., Inc. does not execute the contract documents, staff is not recommending award to the next lowest responsive and responsible bidder. The City has contracted with Vintage Paving Co., Inc. previously and is confident they can meet the City s contracting requirements. The next lowest bidder (third in Table 1), Lamon Construction Co., Inc., did not submit a responsive bid since required bid documents were not included with their bid. Because it is standard procedure to request DBE supporting documents from only the first, second, and third apparent lowest bidders, with the expectation that most of them will qualify as responsive and responsible bidders, staff did not request DBE supporting documentation from the fourth bidder on the list, B&M Builders, Inc.; therefore, the City cannot award to this bidder. In the unlikely event that Vintage Paving Co., Inc. does not submit the required contract documents after Council award, the project would need to be rebid. 3

4 Elk Grove City Council May 24, 2017 Page 4 of 5 Construction is anticipated to begin in June 2017 assuming no complications with the contract execution process. The contract allows 20 working days to complete the required work. The work is expected to be complete in July ENVIRONMENTAL REVIEW: The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary projects. A project, under CEQA, is defined as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed Project is a project under CEQA. The City Council adopted a resolution on March 13, 2015 finding that the Project is exempt from CEQA as determined by staff under Class 1, Section for CEQA. The work is minor in nature in that it does not expand the use beyond its current condition and focuses on maintenance and repairs to the existing facilities. No trees will be removed and no special circumstances exist that would create a reasonable possibility that the proposed project will have a significant adverse effect on the environment. Due to federal funding, the project is also evaluated for compliance under the National Environmental Policy Act (NEPA). A Determination of Categorical Exemption/Categorical Exclusion under 23 CFR (c): activity (c)(27) for NEPA was made on September 8, FISCAL IMPACT: The Fiscal Year Budget for the Project includes $221, in Gas Tax (Fund 221), $146, in Measure A Maintenance (Fund 294) and $129, in Federal Capital Grants 1 (Fund 301) for a total Project Budget of $496,000. 4

5 Elk Grove City Council May 24, 2017 Page 5 of 5 Table 2 Total Estimated Project Costs for the Rural Road Shoulder Backing Safety Improvements Project (WRM001) (Rebid) (Lowest Responsive and Responsible Bid) Capital Costs Projected Cost Design $10,000 Environmental $0 Construction Engineering $62,500 Construction Contract including contingency $274,106 Other miscellaneous costs $5,000 Total Costs $351,606 Project savings after final close-out will be returned to the appropriate funds. ATTACHMENTS: 1. Resolution 2. Project Location Map 5

6 ATTACHMENT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE RURAL ROADS SHOULDER BACKING IMPROVEMENTS PROJECT (WRM001) (REBID) (PROJECT) AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH VINTAGE PAVING CO., INC IN THE AMOUNT OF $249,187.50; AND AUTHORIZING THE CITY ENGINEER TO APPROVE CHANGE ORDERS NOT-TO-EXCEED $24, (CEQA EXEMPT) WHEREAS, the Rural Roads Shoulder Backing Improvements Project (WRM001) (Rebid) will raise and flatten shoulders by placing shoulder backing on portions of Grant Line Road, Bradshaw Road, Kammerer Road and Waterman Road. (Work); and WHEREAS, the Project is included in the approved Fiscal Year Capital Improvement Program and is budgeted with funds in the approved Fiscal Year Budget; and WHEREAS, the Project is a project under California Environmental Quality Act (Section et seq. of the Public Resources Code (hereinafter referred to as CEQA); and WHEREAS, Section (Existing Facilities) of the State CEQA Guidelines (Chapter 3 of Division 6 of Title 14 of the California Code of Regulations) provides an exemption from CEQA for projects involving the minor alteration of existing public or private facilities when the alteration involves negligible or no expansion of an existing use; and WHEREAS, the City Council adopted a resolution on March 13, 2015 finding that the Project is exempt from CEQA; and WHEREAS, the Project qualifies for review under the National Environmental Policy Act (42 U.S.C et seq., hereinafter referred to as NEPA) due to the use of federal funds; and WHEREAS, the California Department of Transportation (hereinafter referred to as Caltrans) under delegated authority from the Federal Highways Administration on September 8, 2015 determined the project is a categorical exclusion under 23. CFR (c) activity (c) (27); and WHEREAS, an invitation to bid was duly advertised on August 5, 2016 and August 12, 2016, and bids were opened on September 1, 2016; and WHEREAS, two qualifed bids were received from Martin Brothers Construction and Delta Construction Company that significantly exceeded the Project budget; and WHEREAS, the City Council adopted a resolution on October 12, 2016 authorizing the City Engineer to reject all bids and to re-bid the project; and 6

7 WHEREAS, an invitation to bid was duly advertised on March 17, 2017 and March 24, 2017, and bids were opened on April 18, 2017; and WHEREAS, All-American Construction, Inc. was the apparent low bidder but did not meet the established Project Disadvantaged Business Enterprise (DBE) goal and did not submit adequate documentation to substantiate a Good Faith Effort to meet the DBE Goal and staff determined their bid to be non-responsive; and WHEREAS, Vintage Paving Co., Inc. was determined to be the responsible bidder submitting the lowest responsive bid. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk Grove hereby: 1) Approves the Project and authorizes the City Manager to execute a construction contract with Vintage Paving Co., Inc. for the Rural Roads Shoulder Backing Improvements Project (WRM001) (Re-bid) in the amount of $249, upon receipt of all required bonds and insurance and the approval of such bonds and insurance by the City Attorney; and, 2) Authorizes the City Engineer to approve change orders not-to-exceed $24, PASSED AND ADOPTED by the City Council of the City of Elk Grove this 24 th day of May STEVE LY, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY 7

8 ATTACHMENT 2 8