REPORT TO COUNCIL
SUBJECT
Title
Action on a Resolution Delegating Authority to the City Manager or Designee to Award and Administer the Public Works Construction Contracts for the Public Right-of-Way ADA Improvements - Package 1 Project (CE 20-21-09 (P1)) and the Public Right-of-Way ADA Improvements - Package 2 Project (CE 20-21-09 (P2)) in an Aggregate Amount Not-to-Exceed $8,000,000.
Report
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
The City of Santa Clara and the Santa Clara Stadium Authority were named as defendants in a class action lawsuit (Nevarez v. 49ers, et al.) which alleged that Levi’s Stadium, its parking lots, and surrounding public pedestrian rights-of-way connecting satellite parking lots to the Stadium entrance, contained defects under the Americans with Disabilities Act (ADA). On July 23, 2020, the U.S. District Court for the Northern District of California granted final approval of a settlement of this lawsuit, which requires the City to remediate the alleged defects within prescribed timeframes (Settlement Agreement). The accessibility barriers are primarily located along Great America Parkway, Tasman Drive, Mission College Boulevard, Centennial Boulevard, Stars and Stripes Drive, Patrick Henry Drive, Old Ironsides Drive, Old Glory Lane, Democracy Way, and Bunker Hill Lane. In general, the improvements require the removal and replacement of sidewalk and ramps, so the slopes meet current ADA requirements. The first phase of remediation is required to be completed by July 2022 and the second phase is required to be completed by January 2023. These timeframes established in the Settlement Agreement are extremely tight and the City is working diligently to meet the timeframes.
The Public Right-of-Way ADA Improvements Project (Project) was established in the Adopted Capital Improvement Program Budget for FY 2020/21 and FY 2021/22 to address the alleged defects in the public right-of-way. The Department of Public Works is leading this Project in coordination with the City Attorney’s Office due to the involvement of infrastructure in the public right-of-way. The Project requires infrastructure modifications in accordance with the settlement including reconstruction of sidewalks, curb ramps, driveways, traffic signals, rail crossings, and other miscellaneous barriers.
On September 9, 2020, Council approved a design professional services agreement with Bellecci and Associates, Inc. to prepare the engineering design and construction documents for the public works construction contract bidding. The Project is being administered for design and bidding in four construction bid packages with the first phase of remediation being addressed under Packages 1 and 2, and the second phase of remediation being addressed under Packages 3 and 4.
The purpose of this report is for the award of construction contracts for Packages 1 and 2 of the Project to the lowest responsive and responsible bidder(s) for each package. Package 1 includes improvements along Great America Parkway, Old Glory Lane, Patrick Henry Drive, Old Iron Sides Drive, and Democracy Way. Package 2 includes improvements along Tasman Drive, Patrick Henry Drive, Bunker Hill Lane, and Old Ironsides Drive. Location Maps showing the Package 1 and Package 2 project areas are included as Attachment 2. Packages 3 and 4 are currently under design and recommendations for award of the construction contracts will be presented to Council in the future.
DISCUSSION
Competitive Requests for Bids (RFB) for construction for both Packages 1 and 2 of the Project were published on the City’s bid notification system, BidSync. Package 1 was published on December 8, 2021 and Package 2 was published on December 22, 2021.
Bids for Package 1 were opened on January 5, 2022 and five bids were received ranging from $3,419,957 to $4,439,174. The engineer's estimate for Package 1 was $3,900,000. Bids for Package 2 were opened on January 12, 2022 and three bids were received ranging from $2,564,642 to $3,116,283. The engineer's estimate for Package 2 was $3,050,000. The Bid Summary for Package 1 and Package 2 are included as Attachment 3 and Attachment 4. These bid amounts are subject to review and minor correction based upon evaluation of bids per the terms of the contract documents.
The evaluation of bids by staff and subsequent recommendation to Council for contract award to the lowest responsive and responsible bidder typically requires several months between bid opening and contract award by Council. The evaluation of bidder responsiveness and responsibility by staff prior to recommending the award of contract to Council includes but is not limited to addressing bidders’ protests if received, evaluating litigation history, safety history, financial capacity, along with verifying that all of the bidding requirements were satisfied. It should be noted that the Public Contract Code and the City Charter require that bids for public works construction contracts are to be awarded to the lowest responsive and responsible bidder.
Due to the tight timeframes prescribed by the Settlement Agreement to complete construction of the Project, staff recommends that Council delegate authority to the City Manager or Designee to award the construction contracts for Package 1 and Package 2 of the Project to the lowest responsive and responsible bidder(s) upon determination. The Resolution (Attachment 1) delegates authority to the City Manager for award and administration of the construction contracts for these two packages. Delegation of this authority will allow the Project to be expedited to provide more time for the construction to be completed towards satisfying the deadlines of the Settlement Agreement. Both Package 1 and Package 2 contracts include prevailing wage requirements.
ENVIRONMENTAL REVIEW
This project being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c), “Existing Facilities,” as the activity consists of the minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing, and specifically includes the alteration of existing highways and streets, sidewalks, gutters, and similar facilities. As part of the design process, the design consultant prepared a Categorical Exemption Report, and a Categorical Exemption was filed with the County of Santa Clara and the State Clearinghouse.
FISCAL IMPACT
Funding for the award of both the Package 1 and Package 2 construction contracts is available in the Streets and Highways Capital Fund in the Public Right-of-Way ADA Improvements project. Based upon bids received which are currently under review, the Package 1 estimated construction contract is anticipated to be no more than $4,500,000 and the Package 2 estimated construction contract is expected to be no more $3,300,000. These estimated construction contract costs include both the bid amount and a construction contingency allowance for any potential change orders of approximately 15 percent.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
Adopt a Resolution Delegating Authority to the City Manager or Designee to Award and Administer the Public Works Construction Contracts for the Public Right-of-Way ADA Improvements - Package 1 Project (CE 20-21-09 (P1)) and the Public Right-of-Way ADA Improvements - Package 2 Project (CE 20-21-09 (P2)) in an Aggregate Amount Not-to-Exceed $8,000,000.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Resolution
2. Project Location Map
3. Bid Summary for Package 1
4. Bid Summary for Package 2