CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Award of Construction Contract to FS Contractors, Inc. for the Ferguson Drive Sidewalk Improvements Project Meeting Date: August 8, 2023
RECOMMENDATION
The City Council will consider:
Adopting a resolution 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; and 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 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 and pursuant to said findings, direct staff to prepare and file the corresponding Notice of Exemption.
BACKGROUND
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. There are existing sidewalks along the north side of Ferguson Drive; therefore, this area will be excluded. The installation of new sidewalks and ADA ramps will improve pedestrian safety. All affected property owners along Ferguson Drive were notified of the proposed improvements on October 27, 2023. Additionally, properties impacted by the installation of the sidewalk due to illegal encroachments into the public right of way and specifically new sidewalk (see attached list) 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.
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 excluding all side streets and cul-de-sacs within the project limit. Staff and the design consultant recommend not including the cul-de-sacs in this project for several reasons, 1. There is no path of travel leading to a destination for the majority of pedestrians, 2. There are significant and costly encroachments in the cul-de-sacs and 3. The cost of including them is significant at approximately $1.7 million and appears to outweigh the benefit.
ANALYSIS
On June 29, 2023, staff advertised the bid package for the Ferguson Drive Sidewalk Improvements Project. The following five (5) bids were received by the City at the Bid Opening held on July 27, 2023. A copy of the bid tabulation is attached:
BID RANKING
BIDDER
BASE BID SCHEDULE
Low Bidder
FS Contractors, Inc.
$978,916.50
Second Low Bid
CT&T Concrete Paving, Inc.
$1,052,237.50
Third Low Bid
Gentry General Engineering, Inc.
$1,214,990.90
Fourth Low Bid
PALP, Inc. DBA Excel Paving Company
$1,433,368.00
Fifth Low Bid
CWS Systems, Inc.
$1,908,994.50
As required by the California Public Contract Code, staff specified in the Bid Specifications that the award of contract will be to the lowest responsive and responsible bidder as determined solely by the City. As shown in the above bid tabulation, FS Contractors, Inc. submitted the lowest base bid. Staff conducted a bid analysis for FS Contractors, Inc. and verified their California contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Based on the bid analysis, FS Contractors, Inc. was found to be the lowest responsive and responsible bidder. The bid analysis completed by staff is attached for reference.
Staff recommends that City Council adopt the attached Resolution which in summary does the following:
Approves a construction contract with FS Contractors, Inc., as the lowest responsive and responsible bidder, for the Sidewalk Improvements on Ferguson Dr Project in the amount of $978,916.50.
Authorizes up to 20% of the construction contract for construction contingency for unforeseen conditions.
Authorizes up to 10% of the total construction contract and contingencies for Construction Management and Inspection Services.
Authorizes Transtech Engineers, Inc. to proceed with Construction Management and Inspection Services, pursuant to their existing on-call agreement for consultant services.
Further, Staff recommends that the City Council finds that 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.
Staff recommends that the City Council find and determine that there is no substantial evidence that the project could have a significant effect on the environment 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. City staff recommends that the City Council find 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.
Following is a summary of the project cost:
Bid Amount to be Awarded
$978,916.50
Construction Contingencies (20%)
$195,783.30
Subtotal
$1,174,699.80
Construction Management, Inspection (10%)
$117,469.98
Total Project Cost
$1,292,169.78
FISCAL IMPACT
The City Council approved $2 million as part of the City’s Capital Improvement Program for Fiscal Year 2022/2023 for design and construction. The total estimated cost of the construction including construction contract, contingencies, construction management, and inspection services is $1,292,169.78 which will be covered by the Measure AA allocated Project Funds Account # 41-5170-57010.50006.
ALTERNATIVES:
Approve recommendation
Reject recommendation
Provide staff with further direction
RELATIONSHIP TO STRATEGIC GOALS:
This agenda item relates to the 2016 Strategic Plan, Infrastructure and Facilities:
Guiding Principle 4: Develop and invest in infrastructure and beautification projects that support economic growth Recommended by: Gina Nila, Department of Public Works Reviewed by: Vilko Domic, Assistant City Manager
Approved as to form by: Noel Tapia, City Attorney
Respectfully submitted: Edgar P. Cisneros, City Manager ATTACHMENTS:
Resolution
Bid Analysis
Construction Contract - FS Contractors, Inc.
List of properties including impacted properties