Item Number: 1
City Council / Board of Directors
Public Hearing
Meeting of: March 18, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Old Town Sidewalk Connectivity Project Phase II - Approve Notice of Exemption and Award of Construction Contract
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing, receive testimony regarding the proposed project; (2) Close the Public Hearing;
(3) Approve the Notice of Exemption for the Old Town Sidewalk Connectivity Project - Phase II; and
(4) Award a construction contract to DM Contracting, Inc., in the amount of $616,774 for the Old Town Sidewalk Connectivity Project – Phase II.
Fiscal Impact:
The recommendation will result in a fiscal impact of $616,774. There are sufficient funds in the budget to cover the planned expenses therefore, an additional appropriation is not required. This project will be funded by the following funds: Transportation Development Act (TDA) Article 3, Fund 233 and Measure I, Fund 250. This Capital Improvement Project was included in the fiscal year (FY) 2022/2023 budget and rolled over into the FY 2023/2024 and the FY 2024/2025 budgets. Please refer to the table below that shows the fund account numbers, and available budget:
Budget Account No. Fund Available
Budget
2334500-55330-60140 TDA Article 3 $249,640.00
2504500-55330-60140 Measure I $746,924.12
Total: $996,564.12
Although not part of the proposed construction contract, an estimated cost of $65,000 for associated construction support and material testing services are included in the 4 0
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budgeted amounts outlined above. Construction support services will be administered by a consultant firm from one of the five On-Call Geotechnical and Engineering Testing Consultant/Professional Services Provider Agreements that were presented and approved by the City Council on March 5, 2024.
Strategic Plan Goal:
This project aligns with Goal E “Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 as the proposed improvements will provide a paved and accessible pedestrian path of travel at nine street segments in the Old Town Victorville area.
Background:
Construction projects that may result in a significant and adverse change in the environment require an environmental review per the California Environmental Quality Act (CEQA). It is a routine requirement to comply with CEQA before construction starts on a project. The City must review all Public Works projects to determine how they will comply with CEQA requirements before making a discretionary recommendation of approval of a construction project prior to award of a construction contract.
The California Code of Regulations Title 14, Division 6, Chapter 3, provides guidelines for the implementation of CEQA. Article 5 of such guidelines identifies certain types of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. City staff evaluated the scope of this project and determined it is Categorically Exempt under Article 19, Section 15301(c):
Existing Facilities (Class 1) of the CEQA guidelines. The various streets in Old Town are developed roads with existing asphalt pavement, barren graded shoulders and/or concrete improvements such as curbs, gutters, drive approaches, and sidewalks. The construction, and reconstruction of the existing improvements are considered minor as they do not propose any capacity increases or disturbance of existing native natural habitat.
Pursuant to Article 5, Section 15061, after determining that a project is exempt from CEQA, and once the project is approved by its governing body, the Notice of Exemption will be recorded to initiate a 35-day statute of limitations for any appeals submitted from a party feeling a categorical exemption is being improperly used to limit the possibility of legal challenge.
On August 4, 2021, the Engineering Department submitted an application for a Transportation Development Act (TDA) Article 3 Call for Projects Bicycle and Pedestrian Facilities grant. On November 3, 2021, the Engineering Department received a notification from the San Bernardino County Transportation Authority (SBCTA) that the application was approved for funding in the amount of $249,640. On April 5, 2022, the City Council adopted Resolution No. 22-031 to authorize submittal of a claim and request for reimbursement(s) for Transportation Development Act Article 3 grant funds, and amended the Fiscal Year 2021/2022 budget appropriating $249,640 from the San Bernardino County Transportation Authority (SBCTA). On January 24, 2025, a request 4 0
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for construction bids was advertised. Bids were received, opened and publicly read aloud on February 27, 2025.
Discussion:
Several road segments within the Old Town Victorville area are missing pedestrian accessible paths of travel along the existing streets. The TDA Article 3 grant awarded by SBCTA to the City for the Old Town Sidewalk Connectivity 2021 Project is for proposed infrastructure improvements which includes the construction of some of the missing sidewalks, and the removal and replacement of non-compliant ADA curb ramps and drive approaches. The submission of the application for the TDA Article 3 grant and subsequent notice of award has provided the City with funding to construct the improvements along nine (9) street segments. The grant required a minimum match of 50% of the project cost with City funds. Measure I funds were budgeted to meet the minimum matching requirement.
Walkers of various ages, including school children and the physically disabled will benefit from this proposed improvement in Old Town Victorville. The proposed project will add concrete improvements along shoulder segments of B Street, C Street, 2 nd Street, 4 th Street, 5 th Street, and 10 th Street. Please refer to Attachment A for the location of the street segments to be improved.
The project plans, specifications and engineer’s estimate for the project were prepared in-house by the City of Victorville Engineering Department. This project was bid using formal bidding procedures in accordance with Victorville Municipal Code §2.28.210 and the California Public Contract Code. The project was advertised on January 24, 2025. Six bids were received and publicly read aloud on February 27, 2025. The bid results are shown below.
Company Bid Amount
DM Contracting, Inc. $616,774.00
Gentry General Engineering, Inc. $626,521.00
Leonida Builders, Inc. $666,659.00
CenCal Construction $674,950.00
S. Christensen Engineering $699,618.50
KNC Construction $1,451,389.09
After a careful review and tabulation of the bid proposals, staff determined that the lowest responsive, responsible bidder is DM Contracting, Inc. The Engineer’s estimate for the project was $688,499. The low bid is approximately 10% below the estimate. Because this project is not federally funded, there are no Disadvantaged Business Enterprise (DBE) program requirements.
The Engineering Department will be responsible for the management of the construction of this project. Construction is likely to start by April 2025. It is estimated that the duration of the project will be less than three months. The total duration of the project will depend on weather conditions and potential lead time for procurement of construction materials. 4 0
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Projects that may result in a significant and adverse change in the environment require an environmental review per the California Environmental Quality Act (CEQA). According to the CEQA statues and guidelines, this project is exempt from an environmental review per Section 15301(c) for the replacement and minor alteration of existing public infrastructure. Please refer to Attachment B, the Notice of Exemption which will be filed with the Office of Planning and Research.
Staff recommends that the City Council approve the Notice of Exemption and award a construction contract (Attachment C) to DM Contracting, Inc., in the amount of $616,774 for the Old Town Sidewalk Connectivity Project – Phase II.
Staff is available to answer any questions Council may have.
Attachments: A. Vicinity Map
B. Notice of Exemption
C. Contract