RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT CHANGE ORDER WITH FRANCO ENGINEERING, INC. FOR THE OAK PARK BOULEVARD GAP CLOSURE PROJECT NO. 04-23
WHEREAS, the City has adopted the FY 2022–2027 Capital Improvement Plan (CIP), which includes the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23, (Project MK-3D) in the CIP as a funded project; and
WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 addresses pedestrian and bicycle safety by providing a new, continuous ADA sidewalk along the north side of Oak Park Boulevard from Hook Avenue to the Pleasant Hill Library; and WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 will provide new rectangular rapid-flashing beacons (RRFB) at existing crosswalks at Oak Park Boulevard/Manor Avenue and Oak Park Boulevard/Via del Sol intersections to improve pedestrian and bicycle safety, access, and visibility; and
WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 will provide new signage and striping adjacent to the improvements, including the installation of Class II bike lanes; and
WHEREAS, on July 17, 2023, via Resolution No. 59-23, the City Council awarded the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 to Franco Engineering, Inc. (contractor) in the base bid amount of $503,261.00, plus 15 percent contingency funds in the amount of $75,489.15, for a total not-to-exceed construction cost of $578,750.15, which is $226,249.85 below the approved construction budget of $805,000; and WHEREAS, a contract between the City of Pleasant Hill and Franco Engineering, Inc. was executed on July 24, 2023, for the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23; and WHEREAS, on July 25, 2023, the Budget Committee directed staff to explore the cost of constructing additional sidewalk gap closure improvements along the southern portion of Oak Park Boulevard between Manor Avenue and Via Del Sol, and supported revising the original scope of work to include these improvements if construction costs did not exceed the approved project budget; and
WHEREAS, on September 6, 2023, the City received Transportation Development Act (TDA) grant funds from the Metropolitan Transportation Commission in the amount of $70,000.
The total amount that City Council has approved for the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 is $950,000 which includes $880,000 of Measure K funds and $70,000 from the TDA Grant.
WHEREAS, on September 11, 2023, the City Council authorized the City Manager to execute a contract change order with Franco Engineering, Inc., in the amount of $115,023.14 for the installation of additional ADA-compliant concrete sidewalk improvements for the Oak Park Boulevard Sidewalk Gap Closure, Project No. 04-23; and
WHEREAS, Measure K funds remain available for this project given the savings realized from not spending all of the contingencies, and City staff has obtained a proposed change order from Franco Engineering, Inc. in the amount of $93,980.13 with an added 10 percent contingency of $9,398.01 (total change order cost of $103,378.14) to be included in the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 currently under construction (the “Proposed Change Order”); and WHEREAS, as stated in Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303, “[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare[]”; and
WHEREAS, the City is empowered to award a contract that would otherwise require competitive bidding without competitive bidding “where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable.” (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631, 636); and
WHEREAS, City staff has thoroughly evaluated Proposed Change Order and has determined, based on their experience, expertise, and relevant supporting data that the terms thereof, including price, are substantially superior to terms the City can plausibly expect to obtain in connection with a competitive bidding process because, inter alia, such process would require bidders to price in substantial mobilization expenses that the Proposed Change Order eliminates (“Staff Findings”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that
1. The City Council adopts the Staff Findings as its own (“Council Findings”).
2. In light of the Council Findings, competitive bidding is not required because it would work an incongruity, would be unavailing as affecting the final result, and would not produce any advantage.
3. The City Council authorizes the City Manager to execute a contract change order (Exhibit A) with Franco Engineering, Inc., in the amount of $93,980.13 for the installation of additional ADA-compliant concrete sidewalk improvements for the Oak Park Boulevard Sidewalk Gap Closure, Project No. 04-23.
4. The City Council authorizes an additional 10 percent in contingency funds, or $9,398.01, for a total not-to-exceed change order cost of $103,378.14 at the unit prices set forth in Franco Engineering, Inc.’s proposal.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 16th day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
JUANITA DAVALOS, Acting City Clerk