RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS; WAIVING THE NON-MATERIAL IRREGULARITIES IN THE VIDO SAMARZICH, INC.’S BID; AWARDING A CONSTRUCTION CONTRACT TO VIDO SAMARZICH, INC., THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER FOR THE PATHWAYS FOR HOPE PROJECT (“PROJECT”); ALLOCATING ADDITIONAL FUNDS TO COVER THE TOTAL PROJECT COST SHORTFALL; AND APPROVING CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES BY TRANSTECH ENGINEERS, INC. UNDER THEIR ON-CALL PROFESSIONAL CONSULTING SERVICES AGREEMENT WHEREAS, the California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) as part of a two-year program through which approximately $296 million in funds is going to local communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces; and WHEREAS, on March 8, 2022, staff notified City Council that the City had been awarded $4,955,257 to fund the Pathways for Hope Connectivity Improvements Project; and WHEREAS, on January 11, 2023, a Design Services RFP was released and on March 28, 2023, a Professional Services Agreement with RJM Design Group, Inc., (RJM) in the amount of $399,980 was awarded; and WHEREAS, on August 8, 2023, City Council approved Amendment No. 1 to the Professional Services Agreement with RJM to acquire the necessary intellectual property rights over the murals; and WHEREAS, on December 12, 2023, City Council approved the proposed improvements Concept Plans and authorized preparation of plans and specifications and bidding for construction; and WHEREAS, the Project will include improvements at various locations with an agreement for the murals executed separately; and WHEREAS, on March 19, 2024, staff advertised the project bid package, with a bid due date of April 9, 2024; and WHEREAS, in response to the solicitation for bids, three (3) bids were submitted to the City during the Bid Opening held on April 9, 2024; and WHEREAS, based on the bid analysis and due diligence conducted by the City, the lowest responsive and responsible bidder is determined to be Vido Samarzich, Inc.; and WHEREAS, staff is recommending award of a construction contract to Vido Samarzich, Inc. in the amount of $4,290,153.68; and WHEREAS, staff recommends approval of up to 10% of construction contract for Contingencies; and WHEREAS, staff recommends approval of up to 10% of construction cost and contingencies for construction management and inspection services and 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 infrastructure project including construction, contingencies, construction management, and inspection services is $5,191,085.95 of which $3,978,839.00 in reimbursable grant funds is budgeted in Measure AA Funds Account #41-5180-57010.50009 with $1,212,246.95 in Measure AA Funds is required to be allocated to account no. 41-5180-57010.50009 to cover the project budget shortfall; and WHEREAS, the Project is categorically exempt pursuant to Section 15301, Class 1 and Section 15304 of the CEQA Guidelines and a copy of Notice of Exemption was filed with the County Recorder’s Office on March 21, 2024.
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. Approve Plans and Specifications for the Pathways for Hope Project (Clean California Cycle 1 Grant).
Section 3. Non-material errors and irregularities in Vido Samarzich, Inc.’s bid is hereby waived and a construction contract to Vido Samarzich, Inc. as the lowest responsive and responsible bidder, for the Pathways for Hope Project in the amount of $4,290,153.68 is hereby awarded and the Mayor is authorized to execute the contract in a form approved by City Attorney.
Section 4. Authorize Construction contingencies of up to $429,015.37 (10% of construction contract) for unforeseen conditions.
Section 5. Authorize Construction Management and Inspection Services for up to $471,916.90 (10% of the total Construction Contract and Contingencies).
Section 6. Authorize Transtech Engineers, Inc. to proceed with Construction Management and Inspection pursuant to their existing on-call agreement for consultant services.
Section 7. Allocates $1,212,246.95 in Measure AA funds to cover the project budget shortfall to account no.41-5180-57010.50009.
Section 8. Authorize the Mayor to execute this Resolution for and on behalf of the City of Commerce.
Section 9. This Resolution shall take full force and effect immediately upon adoption by the City Council.
PASSED, APPROVED and ADOPTED this 14th day of May 2024.
Hugo A. Argumedo, Mayor
ATTEST:
Lena Shumway, City Clerk