February 28, 2022
CITY OF POMONA COUNCIL REPORT
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager Submitted By: Rene Guerrero, Public Works Director SUBJECT: A RESOLUTION AMENDING THE CIP FY 2021-2022 BUDGET; AND AWARD OF CONSTRUCTION CONTRACT TO SEQUEL CONTRACTORS, INC. IN THE AMOUNT OF $578,978 RECOMMENDATION: It is recommended that the City Council take the following actions:
Adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2022-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BY UNAPPROPRIATING $48,343 OF REMAINING MEASURE M FUNDS FROM “ADA CURB RAMPS AND PATH OF TRAVEL - CITYWIDE (FY19-20),” PROJECT NO. 428-2590-XXXXX-67929 THEREUPON CLOSING THE PROJECT; UNAPPROPRIATING $20,000 OF CDBG DISTRICT 4 FUNDS FROM “ADA PATH OF TRAVEL - CITYWIDE (CDBG) (FY 17-18 TO FY 19-20),” PROJECT NO. 428-2590-XXXXX-68555; UNAPPROPRIATING $190,000 OF REMAINING SB-1/RMRA FUNDS FROM “STREET PRESERVATION LOCAL (FY 20-21),” PROJECT NO. 428-2590-XXXXX-68562 FOR A TOTAL OF $258,343 AND APPROPRIATING $48,343 OF MEASURE M FUNDS, $20,000 OF CDBG D4 FUNDS AND $190,000 OF SB-1/RMRA FUNDS TO “ALLEY IMPROVEMENTS – D4 (CDBG) (FY 20-21 TO FY 22-23),” PROJECT NO. 428-2590-XXXXX-67933 Find that the project(s) referenced above is(are) categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; Find that the apparent low bidder Gentry Brothers is not a responsive bidder; Award a construction contract to Sequel Contractors, Inc. for “Alley Improvements – D4 (CDBG) (FY 20-21 to FY 22-23),” Project No. 428-2590-XXXXX-67933; and, “Alley Improvements – Citywide (FY 18-20),” Project No. 428-2590-XXXXX-68556 (All Base Bids and Add Alts) in the amount of $578,978; and Authorize the City Manager, or his designee, to execute the construction contract/agreement, and related documents (permits, etc.) EXECUTIVE SUMMARY:
The recommended actions will result in amending the CIP FY 2021-22 budget and awarding a construction contract to Sequel Contractors, Inc. in the amount of $578,978 to provide for “Alley Improvements – D4 (CDBG) (FY 20-21 to FY 22-23),” Project No. 428-2590-XXXXX-67933; and, “Alley Improvements – Citywide (CDBG) (FY 17-18 FY 19-20),” Project No. 428-2590-XXXXX-68556 (Projects). The Projects will provide for improvements including, but not limited to, paving and related work for the alleys north of San Bernardino Avenue, south of James Place, west of Bonnie Brae Street, and east of Mills Avenue. If approved, the work is expected to start near the beginning of spring 2022 and be completed by fall 2022.
FISCAL IMPACT: Approval of this action will award a construction contract in the amount of $578,978 to Sequel Contractors, Inc. for the Projects. The table on the following page details the fiscal impacts associated with the recommended action:
Category
ADA Curb Ramps & Path of Travel – Citywide (CDBG) (FY19-20) Project No. 428-2590-XXXXX-67929
Current Budget
$255,000
Unappropriation of remaining available Measure M funds & Close Project ($48,343)
Revised Budget
$206,657
Encumbrances / Expenses as of February 9, 2022
($206,657)
Funds Available for Contingency, Staff Time, and Other Misc. Costs $0
Category
ADA Path of Travel – Citywide (CDBG) (FY 18-20)
Project No. 428-2590-XXXXX-68555
Current Budget
$1,274,935
Unappropriation of available CDBG funds (D4)
($20,000)
Revised Budget
$1,254,935
Encumbrances / Expenses as of February 9, 2022
($1,135,034)
Funds Available for Contingency, Staff Time, and Other Misc. Costs $119,901
Category
Street Preservation - Local Citywide (FY20-21)
Project No. 428-2590-XXXXX-68562
Current Budget
$2,258,865
Unappropriation of SB-1/RMRA funds
($190,000)
Revised Budget
$2,068,865
Encumbrances / Expenses as of February 9, 2022
($2,049,100)
Funds Available for Contingency, Geotech Services, Staff Time, and Other Misc. Costs $19,765
Category
Alley Improvements – Citywide (FY 18-20)
Project No. 428-2590-XXXXX-68556
Current Budget
$350,746
Reappropriation (thru separate parallel February 28, 2022 recommended Council action for ADA in D1, D2, & D3 22-1098) ($19,509)
Revised Budget
$331,237
Encumbrances / Expenses as of February 9, 2022
($147,451)
Award Sequel Contractors Contract (D4 funds)
($183,786)
Funds Available for Contingency, Staff Time, and Other Misc. Costs $0
Category
Alley Improvements – D4 (CDBG) (FY 20-21 to FY 22-23)
Project No. 428-2590-XXXXX-67933
Current Budget
$239,881
Appropriation of available Measure M funds
$48,343
Appropriation of available CDBG funds (D4)
$20,000
Appropriation of available SB-1/RMRA funds
$190,000
Revised Budget
$498,224
Encumbrances / Expenses as of February 9, 2022
($14,172)
Award Sequel Contractors Contract
($395,192)
Funds Available for Contingency, Staff Time, Geotech, and Other Misc. Costs $88,860
PUBLIC NOTICING REQUIREMENTS: In accordance with Section 2-1003 - Formal Procedure of the City’s Purchasing Ordinance, a Notice of Inviting Bids for construction on “Alley Improvements – D4 (CDBG) (FY 20-21 to FY 22-23),” Project No. 428-2590-XXXXX-67933; and, “Alley Improvements – Citywide (CDBG) (FY 17-18 FY 19-20),” Project No. 428-2590-XXXXX-68556 was posted on the City’s electronic bidding platform, Planet Bids, on November 16, 2021. The Notice Inviting Bids was also published in the Inland Valley Daily Bulletin on November 19, 2021 and December 2, 2021. Notice was also posted in City Hall and the Library. Bids were opened on December 16, 2021.
PREVIOUS RELATED ACTION: On June 7, 2021, City Council adopted Resolution No. 2021-71 to approve the FY 2021-22 CIP Budget.
ENVIRONMENTAL IMPACT: The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), in that the project consists of reconstructing the existing alleys.
DBE/WBE/MBE: Sequel Contractors, Inc. included a certified SMBE (Martinez Concrete) with their bid. The apparent low bidder, Gentry Brothers, did not include any MBE/DBE/WBE contractor/subcontractor with their bid as required by the bid document.
DISCUSSION: On November 16, 2021, a Request for Proposal (RFP) No. 2020-40 “Alley Improvements – D4 (CDBG) (FY 20-21 to FY 22-23),” Project No. 428-67933; and, “Alley Improvements – Citywide (CDBG) (FY 17-18 FY 19-20),” Project No. 428-68556” was issued on the City’s electronic bidding platform. The solicitation notified 336 potential bidders, of which 41 bidders downloaded the RFP, resulting in the City receiving 5 proposals. All 5 bidders met the minimum qualifications and were evaluated based on their pricing proposal.
The apparent low bidder, Gentry Brothers, did not include any MBE/DBE/WBE contractor/subcontractor with their bid as required by the bid document; therefore, Gentry Brothers is not a responsive bidder. The second lowest responsive and responsible bid for the work in total base bids and additive alternates work in the amount of $578,978 was submitted by Sequel Contractors, Inc. This bid is higher than the Engineer’s Estimate for both the base bids and additive alternates, and is recommended for award based on available funding.
Bidders
Total Base Bids
(A & D)
Total Additive Alternates (B & C)
Total Base Bids & All Additive Alternates
1 Gentry Brothers, Inc. *
$282,038.00
$211,294.00
$493,332.00 *
2 Sequel Contractors, Inc.
$381,650.00
$197,328.00
$578,978.00
3 Hardy & Harper, Inc.
$416,000.00
$195,000.00
$611,000.00
4 GM Sager Construction Co., Inc.
$500,550.00
$270,970.00
$771,520.00
5 EBS General Engineering Inc.
$544,242.00
$378,472.00
$922,714.00
Engineer's Estimate
$490,000.00
*non-responsive
The Alley Improvements Project consists of but is not limited to grading, installation of an 8-inch thick Portland cement concrete (PCC) ribbon gutter, PCC alley approach intersections, 3-inch thick asphalt concrete (AC) surface course and related appurtenant work shown in the Location Maps (Attachment No. 1). The alleys are considered based on the CDBG-eligible low to moderate-income areas.
COUNCIL PRIORITIES AND GOALS: This item supports the following 2019-20 City Council Priorities and Goals: Goal P: Improve condition of streets, alleys, and associated sidewalks.
ALTERNATIVE(S): Staff does not recommend cancelling the bids, making substantial modifications to the Project, or rebidding the planned work. If the Project was rebid, then significant delay, substantial grant and other potential funding losses and related impacts would be incurred.
Prepared by:
Matt Pilarz, P.E.
Principal Civil Engineer
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2022-41
Attachment No. 2 – Location Map
Amend the FY 2021-22 CIP Budget and Award a Contract to Sequel Contractors, Inc.
Award a Contract to Sequel Contractors, Inc.Page 5 of 4 – January 18, 2022Award a Contract to Sequel Contractors, Inc.Page 5 of 4 – January 18, 2022 Award a Contract to Sequel Contractors, Inc.
Award a Contract to Sequel Contractors, Inc.