CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA ITEM NO. 8.6 AGENDA TITLE: Adopt resolution finding the Southside Avenue Sidewalk Improvement Project (WAC008) exempt under the California Environmental Quality Act; authorizing the City Manager to execute a construction contract with Abide Builders, Inc. in the amount of $117,618.98; authorizing the City Engineer to approve change orders not-to-exceed $17,643; and authorizing the City Manager to execute a construction contract with the second lowest bidder if the first lowest bidder does not meet filing obligations MEETING DATE: October 14, 2015 PREPARED BY: Avtar Banwait, Project Manager Jennifer Maxwell, CIP Service Manager DEPARTMENT HEAD: Richard Shepard, Public Works Director / City Engineer RECOMMENDED ACTION: Staff recommends the City Council adopt a resolution: 1) Finding that the Southside Avenue Sidewalk Improvement Project (WAC008) (Project) is exempt from the California Environmental Quality Act (CEQA); 2) Authorizing the City Manager to execute a construction contract with Abide Builders, Inc. for the Project in the amount of $117,618.98; 3) Authorizing the City Engineer to approve change orders not-toexceed $17,643; and 1
Elk Grove City Council October 14, 2015 Page 2 of 4 4) Authorizing the City Manager to execute a construction contract with the second lowest responsive and responsible bidder, R&R Pacific Construction, should Abide Builders, Inc. not meet filing obligations. BACKGROUND INFORMATION: The Project will construct improvements to create an accessible path of travel along the south side of Southside Avenue from Elk Grove-Florin Road to Jessie Baker Elementary School. The improvements include construction of new concrete curb, gutter, sidewalk, pedestrian ramp, and access aisle at the school site. The Project also includes minor paving, landscaping, traffic markings, signs and striping. The Elk Grove Unified School District (EGUSD), as owners of Jessie Baker Elementary School, are contributing $55,000 to pay for the portion of work on their property, which is included in the Project budget. BID ANALYSIS: The call for bids was advertised on September 4 and September 11, 2015. The City Clerk received the following seven bids on Thursday, September 24, 2015: Table 1 Bids Received Contractor Name Address Total Bid Price 1. Abide Builders Inc. West Sacramento, CA $117,618.98 2. R&R Pacific Construction Winters, CA $117,908.00 3. FBD Vanguard Construction Livermore, CA $121,452.10 4. All-American Construction Yuba City, CA $122,011.50 5. RTC Construction Management Merced, CA $156,789.00 6. Sierra National Construction Carmichael, CA $165,069.05 7. Martin Brothers Construction Sacramento, CA 95826 $187,927.00 The Engineer s Estimate for this project is $133,000. After review of the bids received, staff has determined that Abide Builders, Inc. is the lowest responsible bidder submitting the lowest responsive bid of $117,618.98. There is sufficient budget to award the construction contract. 2
Elk Grove City Council October 14, 2015 Page 3 of 4 As specified in the construction contract, the contractor must execute and return the contract, along with other specified requirements, within ten calendar days following receipt of the Notice of Award. Construction may begin in November 2015 assuming no complications with the contract execution process. Alternately, the work may start in the spring as a winter weather shutdown is anticipated later this year. The contract allows 30 working days to complete the required work. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary projects. A project, under CEQA, is defined as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed Project is a project under CEQA. Staff has reviewed the Project to determine the required level of review under CEQA. The proposed Project is exempt from CEQA under State CEQA Guidelines Section 15301 (Existing Facilities). This exemption applies to projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. The project consists of constructing sidewalks and curb ramps to create an accessible path of travel along the west side of Southside Avenue from Elk Grove-Florin Road to Jessie Baker Elementary School. No trees will be removed. No special circumstances exist that would create a reasonable possibility that the proposed project will have a significant adverse effect on the environment. Therefore, the Project is exempt. FISCAL IMPACT: The approved budget for the Project is comprised of Gas Tax funds (Fund 221), and External Agencies funds (Fund 338) totaling $277,001. External Agency Funds are being provided by the Elk Grove Unified School District (EGUSD) for the portion of work on school property. 3
Elk Grove City Council October 14, 2015 Page 4 of 4 A summary of estimated total Project costs based on the lowest responsive and responsible bid are shown in Table 2: Table 2 Total Estimated Project Costs for the Southside Avenue Sidewalk Improvement Project (WAC008) (First Lowest Responsive and Responsible Bid) Capital Costs Projected Cost Design/Environmental $ 53,000.00 Construction Engineering $ 42,000.00 Construction Contract including contingency $ 135,261.98 Right-of-Way $ 16,000.00 Total Costs $ 246,261.98 Should Abide Builders, Inc. fail to meet its obligations in executing the construction contract, the next lowest responsible bidder, R&R Pacific Construction, may instead be awarded the contract. Funds would still be available for the construction contract of $117,908, as well as contingency to accommodate potential change orders up to $17,643, for a total construction budget of $135,551. A summary of estimated total Project costs based on the second lowest responsive and responsible bid are shown in Table 3: Table 3 Total Estimated Project Costs for the Southside Avenue Sidewalk Improvement Project (WAC008) (Second Lowest Responsive and Responsible Bid) Capital Costs Projected Cost Design/Environmental $ 53,000 Construction Engineering $ 42,000 Construction Contract including contingency $ 135,551 Right-of-Way $ 16,000 Total Costs $ 246,551 Project savings after final close-out will be returned to the various funds listed above. ATTACHMENTS: 1. Resolution 2. Project Location Map 4
ATTACHMENT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE FINDING THE SOUTHSIDE AVENUE SIDEWALK IMPROVEMENT PROJECT (WAC008) EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH ABIDE BUILDERS, INC. FOR THE SOUTHSIDE AVENUE SIDEWALK IMPROVEMENT PROJECT (WAC008) IN THE AMOUNT OF $117,618.98; AUTHORIZING THE CITY ENGINEER TO APPROVE CHANGE ORDERS NOT-TO-EXCEED $17,643; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH THE SECOND LOWEST BIDDER, R&R PACIFIC CONSTRUCTION, IF ABIDE BUILDERS, INC. DOES NOT MEET FILING OBLIGATIONS WHEREAS, the Southside Avenue Sidewalk Improvement Project (WAC008) (the Project ) construct improvements to create an accessible path of travel along the south side of Southside Avenue from Elk Grove-Florin Road to Jessie Baker Elementary School; and WHEREAS, the Project is included in the approved Fiscal Year 2015-20 Capital Improvement Program and is budgeted with funds in the approved Fiscal Year 2015-16 Budget; and WHEREAS, the California Environmental Quality Act (Section 21000 et seq. of the Public Resources Code, hereinafter referred to as CEQA) requires that cities consider the environmental consequences of their actions before approving a project; and WHEREAS, the Project is a project under CEQA; and WHEREAS, Section 15301 (Existing Facilities) of the State CEQA Guidelines (Chapter 3 of Division 6 of Title 14 of the California Code of Regulations) provides an exemption from CEQA for projects involving the minor alteration of existing public or private facilities when the alteration involves negligible or no expansion of an existing use; and WHEREAS, an invitation to bid was duly advertised on September 4, 2015 and September 11, 2015, and bids were opened on September 24, 2015; and WHEREAS, Abide Builders, Inc. was determined to be the responsible bidder submitting the lowest responsive bid. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk Grove hereby finds this project exempt from CEQA pursuant to State CEQA Guidelines Section 15301. Finding: The proposed Project is exempt from CEQA pursuant to section 15301 of the State CEQA Guidelines. Evidence: The proposed Project is exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Existing Facilities). This exemption applies to the minor alteration of existing public or private facilities when the alteration involves negligible or 5
no expansion of an existing use. The proposed project involves constructing sidewalks and curb ramps on existing streets within the existing right of way. This work is minor in nature in that it does not expand the use beyond its current condition and focuses on repairs and improvements. No trees will be impacted and nor do any special circumstances exist that would create a reasonable possibility that the Project will have a significant adverse effect on the environment. Therefore, this project qualifies for the identified exemption and no further environmental review is required. AND BE IT ALSO RESOLVED that the City Council of the City of Elk Grove hereby: 1) Authorizes the City Manager to execute a construction contract with Abide Builders, Inc. for the Southside Avenue Sidewalk Improvement Project (WAC008), in the amount of $117,618.98 upon receipt of all required bonds and insurance and the approval of such bonds and insurance by the City Attorney; 2) Authorizes the City Engineer to approve change orders not-to-exceed $17,643; and 3) Authorizes the City Manager to execute a construction contract with the second lowest responsive bidder, R&R Pacific Construction, in the amount of $117,908 upon receipt of all required bonds and insurance and that approval of such bonds and insurance by the City Attorney if, Abide Builders, Inc., does not meet filing obligations and authorizes the City Engineer to approve change orders not-to-exceed $17,643. PASSED AND ADOPTED by the City Council of the City of Elk Grove this 14 th day of October 2015. GARY DAVIS, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY 6
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