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HomeMy WebLinkAboutItem 11 - Approve an Appropriation Adjustment, Amend CIP, & Award Construction Contract for the Flower Street Bike Trail RenovationPublic Works Agency www.santa-ana.org/pw Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Approve an Appropriation Adjustment, Amend CIP, and Award Construction Contract for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project AGENDA TITLE Approve an Appropriation Adjustment, Approve an Amendment to the FY 2022-23 Capital Improvement Program, and Award a Construction Contract to EBS General Engineering, Inc. in the Amount of $1,066,714.35 for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, with an Estimated Project Delivery Cost of $1,386,728.65 (Project No. 21-2740) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $497,925.15 of prior year fund balance in the Park Acquisition and Development (District 3), Prior Year Carryforward revenue account and appropriate the same amount to the Park Acquisition and Development (District 3), Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the FY 2022-23 Capital Improvement Program to include $497,925.15 in construction funds for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project (Project No. 21-2740). 3. Award a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,066,714.35, for construction of the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, for the term beginning September 20, 2022, and ending upon project completion; and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,386,728.65, which includes $1,066,714.35 for the construction contract, $160,007.15 for contract administration, inspection and testing, and a $160,007.15 project contingency for unanticipated or unforeseen work. EBS General Engineering, Inc. September 20, 2022 Page 2 DISCUSSION The City wishes to undertake improvements along the Flower Street Bike Trail between Warner Avenue and the Railroad Crossover (South of Dyer Road). There is damage to this section of the trail caused by tree roots cracking and uplifting the surface. Improvements include installation of a three-inch layer of asphalt, tree root maintenance, new pedestrian lighting, and signage and striping. Once complete, this newly repaved bike trail will help encourage the community to activate this newly renovated space that connects to the southern City limits. In order to complete the project, the City is requesting an appropriation adjustment to funds received in prior years for park acquisition and development fees in District 3, the section of the City that is south of First Street and east of Bristol Avenue. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 250 regional vendors via PlanetBids, many of which are Santa Ana based. Four vendors requested bidding documents, and a total of four bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 16 and June 23, of 2022. The project was also advertised in PlanetBids from June 9, 2022 through June 30, 2022. Bids were received electronically via PlanetBids on June 30, 2022. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 EBS General Engineering Inc. Corona $1,066,714.35 2 MBC Enterprises Inc. Westminster $1,202,701.25 3 All American Asphalt Corona $1,245,060.00 4 Excel Paving Co Long Beach $1,248,787.00 A total of four bids were received, and all were deemed responsive. EBS General Engineering, Inc. submitted the lowest responsive base bid in the amount of $1,066,714.35 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to EBS General Engineering, Inc., in the amount of the base bid totaling $1,066,714.35 (Exhibit 3). EBS General Engineering, Inc. has worked on various projects for the City of Santa Ana throughout the last several years. The most recent projects are Maple Bike Trail Safety EBS General Engineering, Inc. September 20, 2022 Page 3 Enhancements Phase II, Gas Tax Local Street Improvements FY 19/20, Residential street repairs, and Westminster Avenue between Harbor Boulevard and Fairview Street. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,386,728.65. Project Item Total Construction Contract $1,066,714.35 Construction Administration, Inspection, Testing $160,007.15 Contingencies $160,007.15 TOTAL CONSTRUCTION DELIVERY COST $1,386,728.65 Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the Flower Street Bike Trail Renovation Project (Exhibit 5). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-126 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,386,728.65, which includes construction, contract administration, inspection, testing, and an authorized contingency. Funds for the existing budget associated with the project were appropriated in Fiscal Year 2021-22. However, due to the fact that the award of the contract has crossed into a new fiscal year, a request to carryover funds in the accounts below will be submitted as part of the Citywide carryover process. The Citywide carryover request is typically presented to the City Council in September or October after year-end balances of the prior year are available. In order to avoid delaying the project until September/October, staff are moving forward with the project and will expend funds in the accounts identified below with the understanding that approval of the carryover request will occur at a future date. Upon approval of the appropriation adjustment funding will be available in the amount of $497,925.15 from prior year fund balance in the Parks Acquisition and Development (District 3), Prior Year Carryforward revenue account (No. 31313002-52001) and EBS General Engineering, Inc. September 20, 2022 Page 4 appropriate the same amount the Parks Acquisition and Development (District 3), Improvements Other Than Building expenditure account (No. 31313260-66220) The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed. Fiscal Accounting Unit - Fund Accounting Unit - Y Year Account No. Description Account No. Amount (Project No.) Description Appropriation Adjustment Residential Acquisition and 2022-23 31313260-66220 Development Development, $497,925.15 (21-2740) District 3 Improvements Other Than Building Existing Project Budget Residential Acquisition and 2021-22 31313260-66220 Development Development, $888803.50 (21-2740) District 3 Improvements Other Than Building Total $1,386,728.65 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. 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All rights reserved. 1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 132 CY $ $ 325.00 42,900.00 2 Clearing and Grubbing 1 LS $ $ 59,650.00 59,650.00 3 Import Soil* 230 CY $ $ 125.00 28,750.00 4 Asphalt Concrete 671 TN $ $ 190.00 127,490.00 5 PCC Curb and Gutter (A-2-8) 100 LF $ $ 90.00 9000.00 6 Root Shave* 18 EA $ $ 785.00 14,130.00 7 Concrete Slab 30 SF $ $ 60.00 1800.00 8 Redwood Header — 2"x10" 6,014 LF $ $ 20.65 124,189.10 9 PCC Curb Ramp 300 SF $ $ 24.15 7245.00 10 PCC Sidewalk (T=4") 197 SF $ $ 18.25 3595.25 11 Furnish and Install New #6 Pullbox I EA $ $ 2360.00 2360.00 12 Pedestrian Lighting I LS $ $ 620,000.00 620,000.00 13 Signing and Striping I LS $ $ 10,955.00 10,955.00 14 Orange County Flood Control I LS $ $ District Requirements Permit 1250.00 1250.00 P-6 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION ADDENDUM No. ONE PROJECT 21-2740 Item Description Qty Unit Unit Price Amount 15 Construction Sign 2 EA $ 1825.00 $ 3650.00 16 Construction Permit 1 LS $9,750 $ 9750.00 TOTAL BASE BID $ 1,066,714.35 Item Description Qty Unit Unit Price Amount Bid Furnish and Install Biofiltration 2 EA $ $ Alternative Device: Modular Wetland System 51,350.00 102,700.00 1 Bid Irrigation Modifications 1 LS $ $ Alternative 159,320.00 159,320.00 2 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number(60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,650 per calendar day. P-7 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION Name of Firm Signature of BIDDER Title Ioseph NaaEcl Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-8 of P-23 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 21-2740 FLOWER STREET BIKE TRAIL RENOVATION FROM CROSSOVER TO WARNER AVENUE This CONSTRUCTION CONTRACT is made and entered into this 2011 day of September, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and EBS General Engineering, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Flower Street Bike Trail Renovation From Crossover (South of Dyer) to Warner Avenue (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million, Sixty -Six Thousand, Seven Hundred and Fourteen Dollars and Thirty -Five Cents ($1,066,714.35), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend. indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; Page 2 of 3 (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: EBS General Engineering. Inc. Page 3 of 3 CITY OF SANTA ANA Exhibit A PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering,, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation* 132 CY $ S 325.00 42,900.00 2 Clearing and Grubbing I LS $ S 59,650.00 59,650.00 3 Import Soil* 230 CY $ S 125.00 28,750.00 4 Asphalt Concrete 671 TN $ $ 190.00 127,490.00 5 PCC Curb and Gutter (A-2-8) 100 LF $ $ 90.00 9000.00 6 Root Shave* 18 EA $ $ 785.00 14,130.00 7 Concrete Slab 30 SF S $ 60.00 1800.00 8 Redwood Header - 2"x 10" 6,014 LF S $ 20.65 124,189.10 9 PCC Curb Ramp 300 SF S $ 24.15 7245.00 10 PCC Sidewalk (T=4") 197 SF $ $ 18.25 3595.25 11 Furnish and Install New #6 Pullbox 1 EA $ $ 2360.00 2360.00 12 Pedestrian Lighting I LS $ $ 620,000.00 620,000.00 13 Signing and Striping I LS $ $ 10,955.00 10,955.00 14 Orange County Flood Control I LS $ $ District Requirements Permit 1250.00 1250.00 P-6 of P-23 CITY OF SANTA ANA ADDENDUM No. ONE PROPOSAL PROJECT 21-2740 PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION Item Description Qty Unit Unit Price Amount 15 Construction Sign 2 EA $ $ 1825.00 3650.00 16 Construction Permit I LS S9,750 $ 9750.00 TOTAL BASE BID FS 1,066,714.35 Item Description Qty Unit Unit Price Amount Bid Furnish and Install Biofiltration 2 EA $ $ Alternative 1 Device: Modular Wetland System 51,350.00 102,700.00 Bid Irrigation Modifications I LS $ $ Alternative 159,320.00 159,320.00 2 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be S 1,650 per calendar day. P-7 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION Name Signat Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation. and names of President, Secretary, Treasurer and Manager, thereof.) P-8 of P-23 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-2740: Flower Street Bike Trail Renovation From Crossover to Warner Avenue Construction Contract $ 1,066,714.35 Contract Administration, Inspection and Testing $ 160,007.15 Contingencies $ 160.007.15 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,386,728.66 PROJECT TITLE: Flower Street Bike Trail Renovation from Crossover (South of Dyer Road) to Warner Avenue. PROJECT CATEGORY: City & Park Facility Improvements Park Facility LOCATION MAP A N AGENCY: Public Works CITY OF SANTA ANA FY22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The City wishes to undertake improvements along the Flower Street Bike Trail between Warner Avenue and the Railroad Crossover (South of Dyer Road). There is damage to this section of the trail caused by tree roots cracking and uplifting the surface. Improvements include installation of a three-inch layer of asphalt, tree root maintenance, new pedestrian fighting, and signage and striping. F OJECT NEED: o usage and time, the Flower Street Bike Trail has become very en due to tree root growth and pot holes. The trail needs to be faced. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 497,925 - - - - - - TOTAL 497,925 - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 A & D District 3 497,925 - - - - - - TOTAL 497,925 - - - - - - DIVISION: CIP Engineering CONTACT: Sean Thomas, Senior Civil Engineer DATE: 10-Aug-2022