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October 17, 2023
ITEM TITLE
Expenditure Plan Amendment and Appropriation: Amend the Infrastructure, Facilities and Equipment Expenditure Plan and Appropriate Funds to the Traffic Signal Modifications CIP Project for a Change Order with HMS Construction and Associated Project Costs
Report Number: 23-0274
Location: Various Intersections Citywide
Department: Engineering
Environmental Notice : The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction).
Recommended Action
Adopt a resolution (1) amending the Infrastructure, Facilities, and Equipment Expenditure Plan and ( 2) amending the fiscal year 2023-24 CIP program budget by appropriating $225,000 from the available balance of the Measure P Fund to the Traffic Signal Modifications (TRF0408) CIP Project for a claim resolution change order with HMS Construction, Inc. and associated project costs. (4/5 Vote Required)
SUMMARY
City Council Resolution No. 2020-227 awarded a construction contract to HMS Construction, Inc. for the Traffic Signal Modifications (Measure P) project, CIP TRF0408. During construction, differing site conditions including utility conflicts were encountered which required a redesign of traffic signal equipment, resulting in additional costs and delays. As a result, the contractor submitted a delay claim for material escalation costs which e xceeded the approved project contingencies. Adoption of this resolution appropriates an additional $225,000 above the originally approved amount for a construction claim resolution change order and associated additional consultant and staff costs.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction) because the proposed actions would not result in a significant effect on the P a g e | 2
environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
City staff will present the amended Infrastructure, Facilities and Equipment Expenditure Plan and the proposed allocations at the Citizens’ Oversight Committee (COC) meeting scheduled for October 2023.
DISCUSSION
On November 8, 2016, Chula Vista voters approved Measure P, authorizing a one-half cent sales tax increase on retail sales within the City for a period of ten (10) years to repair failed or failing assets throughout the city. Traffic Signal modifications and upgrades were identified in the Measure P Funding Plan.
City Council Resolution No. 2020-227 awarded a construction contract to HMS Construction, Inc . for the Traffic Signal Modifications (Measure P) project, CIP TRF0408. This project’s scope of work i ncludes complete reconstruction of the traffic signal infrastructure at 11 existing signalized intersections within the city (see Attachment 1, Location Map) . The upgrades improve visibility, provide for protected left turn movements, provide for permissi ve flashing yellow left turn movements, and replace failing and outdated traffic signal infrastructure at various locations citywide.
During construction, the contractor encountered site conditions which were different from those shown on the construction plans, primarily due to significant underground utility conflicts. These differing site conditions required relocations and redesign of traffic signal equipment resulting in additional costs and delays to the construction work to relocate utilities and traffic signal pole foundations. The contractor submitted a claim for additional costs associated with the delays. City staff reviewed the documents submitted by the contractor and the contract records. Based on the review and additional negotiations with the contractor, an agreement was reached. An appropriation of $225,000 is needed to cover the negotiated settlement due to the resulting material escalation costs during the delay period, and associated consultant and staff costs.
Approval of the proposed resolution appropriates an additional $225,000 above the originally approved amount for construction change orders. If the resolution is adopted, in accordance with Chula Vista Municipal Code section 2.56.160(C)(2), the City Engineer can then approve the claim resolution construction change order.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Mayor McCann has property holdings within 1,000 feet of the boundaries of property which is the subject of this action.
However, the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar faci lities, and the member’s property will not be affected disproportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(c)(1)), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of the resolution amends the Infrastructure, Facilities, and Equipment Expenditure Plan and amends the fiscal year 2023-24 CIP program budget by appropriating $ 225,000 from the Measure P fund balance to cover the claim resolution change order and additional consultant and staff costs associated with CIP TRF0408. There are sufficient funds available in the Measure P Fund for this appropriation.
There is no current-year fiscal impact to the General Fund as a result of this action.
Summary of project costs for TRF0408 are as follows:
PROJECT COSTS (ROUNDED)
A. Construction Contract $3,200,000
B. Contingencies $660,000
C. Construction Inspection & Management Consultant $890,000 D. Design Consultant $165,000
E. Staff time $560,000
TOTAL $5,475,000
FUNDING SOURCES (ROUNDED)
A. Appropriations to Date: Measure P (TRF0408) $5,250,000 B. New Appropriation: Measure P (TRF0408) $ 225,000 TOTAL $5,475,000
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Measure P Fund as a result of this action.
The subject traffic signals are currently maintained by the city and ongoing maintenance costs are not anticipated to change significantly as a result of these modifications.
ATTACHMENTS
1. Location Map
Staff Contact: William Valle, Director of Engineering and Capital Project