RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS, AWARDING A CONSTRUCTION CONTRACT TO FS CONTRACTORS, INC. FOR THE FERGUSON DRIVE SIDEWALK IMPROVEMENTS PROJECT, AND AUTHORIZING CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES BY TRANSTECH ENGINEERS, INC. PURSUANT TO THEIR ON-CALL PROFESSIONAL CONSULTING SERVICES AGREEMENTS WHEREAS, on September 13, 2022, City Council approved $2 million of Measure AA funds as part of its 2022/23 Fiscal Year Capital Improvement Program for the installation of sidewalks and ADA compliant curb ramps on Ferguson Drive (south side only) from Gerhart Avenue to Concourse Avenue; and WHEREAS, on February 16, 2023, City Council awarded a Professional Services Agreement to Elie Farah, Inc. for the preparation of Plans, Specifications, and Engineer’s Estimate for the Sidewalk Improvements on the south side of Ferguson Drive from Gerhart Avenue to Concourse Avenue Project; and WHEREAS, affected property owners along Ferguson Drive were notified of the proposed improvements on October 27, 2023, and furthermore properties impacted by the installation of the sidewalk due to illegal encroachments into the public right of way were notified on May 17, 2023 and again on July 3, 2023 to remove their illegal encroachments before the start of construction anticipated by September 2023/October 2023; and WHEREAS, on June 29, 2023, staff advertised the construction bid package for the Project and at the Bid Opening held on July 27, 2023, five (5) bids were received; and WHEREAS, based on the bid analysis and due diligence conducted by the City, the lowest responsive and responsible bidder is FS Contractors, Inc. with a total base bid of $978,916.50; and WHEREAS, staff is recommending award of a construction contract to FS Contractors, Inc. in the amount of $978,916.50; and WHEREAS, staff recommends approval of up to 20% of construction contract for Contingencies; and WHEREAS, staff recommends that Transtech Engineers, Inc. be authorized to provide construction management and inspection services pursuant to their existing on-call agreements for consultant services; and WHEREAS, the total estimated cost of this project including construction contract, contingencies, construction management, and inspection services is $1,292,169.78 which will be covered by Measure AA Account # 41-5170-57010.50006 that was previously budgeted; and WHEREAS, staff is also recommending the City Council make a finding and determination that the Ferguson Drive Sidewalk Improvements Project is exempt from further CEQA review pursuant to Administrative Code, Title 14, Chapter 3, Section 15301, Class 1, because the Project consists of minor alterations of existing public right-of-ways where there will be negligible or no expansion of the existing use and pursuant to said findings, direct staff to prepare and file the corresponding Notice of Exemption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. A construction contract to FS Contractors, Inc., as the lowest responsive and responsible bidder, for the Ferguson Drive Sidewalk Improvements Project in the amount of $978,916.50 is hereby awarded and the Mayor is authorized to execute the contract in a form approved by City Attorney.
Section 3. Construction contingencies of up to $195,783.30 (20% of construction contract) for unforeseen conditions is hereby authorized.
Section 4. Authorize Construction Management and Inspection Services for up to $117,469.98 (10% of the total Construction Contract and Contingencies).
Section 5. Authorize Transtech Engineers, Inc. to proceed with Construction Management and Inspection pursuant to their existing on-call agreement for consultant services.
Section 6. This Project is categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15301, Class 1 of the CEQA Guidelines consisting of repair, maintenance or minor alteration of existing structures, facilities or mechanical equipment involving negligible or no expansion of existing or former use, including interior or exterior alteration involving plumbing.
Pursuant to CEQA, the City Council finds and determines there is no substantial evidence that the Project could have a significant effect on the environment. The City Council in its independent judgment finds that there is no possible significant effect directly related to the Project because the Project consists of the installation of sidewalks in existing public right-of-ways where there is negligible or no expansion of the use. The City Council finds that the Project will not cause any physical change in the environment, that the Project is categorically exempt from CEQA under Administrative Code, Title 14, Chapter 3, § 15301, Class 1, Existing Facilities, and therefore no further action is required under CEQA.
Section 7. Authorize the Mayor to execute this Resolution for and on behalf of the City of Commerce.
Section 8. This Resolution shall take full force and effect immediately upon adoption by the City Council.
PASSED, APPROVED and ADOPTED this 8th day of August 2023.
Hugo A. Argumedo, Mayor
ATTEST:
Lena Shumway, City Clerk