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Home My WebLink About2013/02/12 Item 04CITY COUNCIL AGENDA STATEMENT ~`~~ CITY OF -' CHULAVISTA 2/12/13, Item ~" ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "TRAFFIC SIGNAL MODIFICATION AT THIIZD AVENUE AND "K" STREET, [CIP NO. TF376; FEDERAL PROJECT NO. HSIPL 5203(034)]'' PROJECT TO LEKOS ELECTRIC, INC., IN THE AMOUNT OF $191,294.50, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $38 8.50 SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ISTANT DIRECTOR OF ENG ERING ~~( / REVIEWED BY: ~. ASS CITY MANAGER 5) ~-S S ASSISTANT CITY MANAGER `7 4/STHS VOTE: YES ^ NO SUMMARY On December 19, 2012, the Director of Public Works received seven (7) sealed bids for the "Traffic Signal Modification at Third Avenue and "K" Street [CIP No. TF376; Federal Project No. HSIPL 5203(034)]" Project. The proposed traffic signal modification project will allow for protected left-turn movements on all approaches and upgrades the pedestrian signal indications and pushbuttons at the intersection. The proposed resolution, if approved, would accept bids, award the contract for the "Traffic Signal Modification at Third Avenue and "K" Street [CIP No. TF376; Federal Project No. HSIPL 5203(034)]" Project to Lekos Electric, Inc. in the amount of $191,294.50, waive City Council Policy 574-01, and authorize the expenditure of all available contingency funds in an amount not to exceed $38,258.50. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined thaf the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project will be limited to removal and replacement of an existing traffic signal with a modernized traffic signal with minor ancillary pavement resurfacing, pedestrian ramp construction and restriping involving negligible or no expansion of an existing use. Thus, no further CEQA environmental review is required. In addition, 4-1 2/12/13, Item ~' Page 2 of 4 the Development Services Director has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) in conjunction with the California Department of Transportation (Caltrans), the state department designated as Lead Environmental Agency by the U.S. Department of Transportation, Federal Highway Administration (FHWA) for federally funded street projects. It was determined that the project qualifies for a categorical exclusion pursuant to Title 23 Code of Federal Regulations (CFR) Section 771.117(d); activity:(c)(8) [Installation of Traffic Signals]. Thus, no further NEPA environmental review is required. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION This project is included in the FY2011/FY2012 Capital Improvement Program budget to upgrade and modify an existing traffic signal system at the intersection of Third Avenue and "K" Street. This project is funded under the Highway Safety Improvement Program (HSIP), Cycle 4 and Traffic Signal funds. Caltrans authorized funding for preliminary engineering on August 25, 2011 and for construction on November 9, 2012. The modification work includes complete replacement of the existing traffic signal system and providing new protected left-turn phases for the northbound and southbound movements. These modifications aze targeted at reducing the frequency of collisions due to conflicts associated with left-turn maneuvers and opposing through vehicle movements. In addition, the project will upgrade the existing pedestrian signal indications, pushbuttons, and all pedestrian ramps at the intersection in accordance with the Americans with Disabilities Act (ADA) requirements. On December 19, 2012, the Director of Public Works received seven (7) bids as follows: CONTRACTOR BID AMOUNT (At Bid Opening) BID AMOUNT (Corrected for Math Errors) 1 Lekos Electric, Inc. - El Cajon, CA $191,294.50 No Math Errors 2 T&M Electric, Inc. dba Perry Electric -Santee, CA $194,347.50 No Math Errors 3 Flatiron Electric Group Inc. -Firestone, CO $210,851 * $195,114 4 Select Electric, Inc. -Spring Valley, CA $198,525 No Math Errors 5 DBX, Inc. -Temecula, CA $206,957.50 No Math Errors 6 PTM General Engineering Services Inc.- Riverside, CA ~221,664* $221,910 7 Siemens Industry Inc. -Buffalo Grove, IL $226,402 No Math Errors *Corrected total 4-2 2/12/13, Item 4- Page 3 of 4 The italicized bid amount shown for Flatiron Electrical Group, Inc. and PTM General Engineering Services Inc. are corrected grand total bids that were incorrectly summed at the rime of bid opening. The corrected bids after accounting for mathematical errors are $195,114 for Flatiron and $221,910 for PTM. The errors did not affect the outcome of bid opening; however, it did affect the ranks of the second and third lowest bidders. The low bid submitted by Lekos Electric, Inc. is below the Engineer's estimate of $208,800 by $17,505.50, or approximately 8.4%. Lekos Electric, Inc. has previously installed similaz traffic signal projects in the City with satisfactory performance. Staff reviewed the low bid and determined that the bid package is complete, with no errors or omissions. In addition, because the funding source (Federal Highway Administration Funds) requires bidders to make good faith efforts in utilizing DBEs (Disadvantaged Business Enterprises), staff reviewed the contractor's bid package and determined that the contractor complied with the requirement: The DBE goal for this project is 10.7%; however, Lekos achieved only 3.5% DBE participation. Although the goal was not met, staff believes that the apparent low bidder documented an adequate good faith effort as contained in 49 CFR Part 26, Appendix A and took the reasonable steps in achieving the project's DBE goal. Therefore, staff recommends awarding the contract to Lekos Electric, Inc. in the amount of $191,294.50. Lekos Electric, Inc. is a licensed Electrical (Class C10) Contractor under California License No. 588410. Their license status is current and active per the Department of Consumer Affairs Contractors State License Board. The proposed resolution would also authorize the Director of Public Works to approve change orders over and above existing policy limits. Under City Council Policy No. 574-01, if an individual change order causes the cumulative increase in change orders to exceed the Director's authority ("Maximum Aggregate Increase in Change Orders"), then City Council approval is required. The corresponding maximum aggregate contract increase that may be approved by the Duector of Public Works under Policy No. 574-01 is $23,390.62. Approval of the resolution would increase the Director of Public Works' authority to approve change orders, as necessazy, up to the contingency amount of $38,258.50, an increase of $14,867.89 over Policy No. 574-01. Increasing the contingency funds will allow staff to continue the project without delay should unforeseen circumstances resulting in increased project costs arise during the course of construction as well as make adjustments to bid item quantities. Unforeseen conditions include such items as utility conflicts, hazazdous materials, other unexpected underground conditions, eta If the contingency funds are not used, they will be returned to the project fund balance. Disclosure Statement Attachment 1 is a copy of the Contractor's Disclosure Statement. Wage Statement This is a Federally Funded Project. The Contractor that is awazded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this Contract. The prevailing wage scales are those determined by the U.S. Federal Department of Labor Relations (Davis-Bacon) and those determined by the Director of Industrial Relations, State of California. The contractor is obligated to pay the higher of the two wage determinations (hourly rate plus fringe benefits) for each applicable craft or classification. 4-3 2/12/13, Item Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT The sources of funding for this project aze from the Highway Safety Improvement Program (HSIP) Cycle 4 Program Grant and Traffic Signal fund (grant match). A breakdown of construction costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Base Contract Amount $191,294.50 B. Contingencies (approximately 20%) $38,258.50 C. Construction Ins ections Staff Costs $20,000.00 D. Desi n Su ortlSurvey/Monument Preservation $10,000.00 TOTAL FUNDS REQURED FOR CONSTRUCTION $259,553.00 Sufficient funds aze available in CIP Project No. TF376. There is no direct fiscal impact to the General Fund as project and staff costs are covered by a combination of HSIP funds and Traffic Signal funds. ONGOING FISCAL IMPACT: There is an existing traffic signal system at Third Avenue and "K" Street that was built in 1956 and requires a high level of maintenance by City Public Works Operations staff due to its advanced age. This project will completely replace the existing traffic signal system, including energy efficient equipment upgrades. Upon completion of the project, annual operating and maintenance costs will decrease due to reductions in energy use and City staff maintenance efforts. ATTACHMENTS 1. Contractor's Disclosure Statement Prepared by: Boushra Salem, Senior Civi! Engineer, Public Works Department J:\Engineer\AGENDA\CAS2013\02-12-13\TF376 Award CAS rev4 doc.docm 4-4 ~TTfl~-Mdl"~I~7~ CITY OF CHULA VISTA bISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other off[cial bodies of the City; a statement of disclosure of certain ownerslup or financial interests, payments, or campaien contributions for a City of Chula Vista election must be filed. The follo\ving information must be disclosed: List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor; material supplier. v ill'. 2. if any persona identified pursuant to (1) above is a corporation or partnerslup, list tltc names of ail inditdduals with a 52000 investment in the business (cdrporation/partnership) entity. ~~~ 3. if any person" identified pursuant to (1) above is anon-profit organization or trust, list the names of any person senrin_e as director of the non-profit organization or as wstee or beneficiary or trustor of the trust. ~/a 4. Please identify every person, including any agents, employees, consultants, or independent contractors }you have assigned to represent you before the City in this matter. .)~h1~ ~el%o ~~ 5. Has any person's associated with this contract had any financial dealings with an ofiicial~'" o~tz City of Chula Vista as it relates to this contract ivitlun the past 13 months? Yes_ No_ ~~ Q9En~inccrinrzlnll Projcvts\TFlTF376-ial&K'SpedTFi iG Conuact.dec 4-5 If Yes, briefly describe the nature of the financial interest the official** may have in tltis contract. 6. Have you made a contribution of more than ~2>0 within the past hvelve (12) months to a current member of the Chula Vista City Council? No /Yes _ If yes, which Council member? Have you provdded more than X340 (or an item of equivalent value) to an official'h* of the City of Clmla Vista in the past hvelve (1?) months? (Tlys includes being a source of income, money to retire a lesal debt; Mfr, loan, etc.) Yes _ No //_ If Yes, which official"* and what was the nature of item provided? Date: ~~' ' I 1 ') ~ ~~`~ SNfature of Contractor/Applicant Jo-la~l L~Kos. 1lP Pont or type name of Contractor/Applicant Person is defined as: any individual, fimt, co-partnership, joint venture, association, social club, fratema] or?_anization, corporation; estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other croup or cornbination acting as a unit. "'* Official includes, but is not limited to: Mayor, Council member, Plamring Commissioner; Member of a board, contnussion, or conunittee of the City, employee, or staff members. ~3 Q:1En!~inecii~gV+II Projects\TFtTF37b-3rdF:Y'8pcd.TFi76 Contnu.doc 4-6 RESOLUTION N0. 2013- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "TRAFFIC SIGNAL MODIFICATION AT THIRD AVENUE AND "K" STREET, [CIP N0. TF376; FEDERAL PROJECT NO. HSIPL 5203(034)]" PROJECT TO LEKOS ELECTRIC, INC., IN THE AMOUNT OF $191,294.50, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $38,258.50 WHEREAS, this project is included in the FY2011/FY20t2 Capital Improvement Program budget to upgrade and modify an existing traffic signal system at the intersection of Third Avenue and "K" Street. This project is funded under the Highway Safety Improvement Program (HSIP), Cycle 4 and Traffic Signal funds; and WHEREAS, on December 19, 2012, the Director of Public Works received seven (7) sealed bids for the "Traffic Signal Modification at Third Avenue and "K" Street [CIP No. TF376; Federal Project No. HSIPL 5203(034)] Project"; and WHEREAS, the Director of Public Works received seven (7) bids as follows: CONTRACTOR BID AMOUNT (At.Bid Opening) BID AMOUNT (Corrected for Math Errors) 1 Lekos Electric, Inc. - El Cajon, CA $191,294.50 No Math Errors 2 T&M Electric, Inc. dba Perry Electric -Santee, CA $194,347.50 No Math Errors 3 Flatiron Electric Group Inc. -Firestone, CO $210,851 * $195,114 4 Select Electric, Inc. -Spring Valley, CA $198,525 No Math Errors 5 DBX, Inc. -Temecula, CA $206,957.50 No Math Errors 6 PTM General Engineering Services Inc.- Riverside, CA $221,664* $221,910 7 Siemens Industry Ina -Buffalo Grove, IL $226,402 No Math Errors *Corrected total 4-7 Resolution No. Page 2 WHEREAS, the italicized bid amount shown for Flatiron Electrical Group, Inc. and PTM General Engineering Services Inc. are corrected grand total bids that were incorrectly summed at the time of bid opening. The corrected bids after accounting for mathematical errors are $195,114 for Flatiron and $221,910 for PTM. The errors did not affect the outcome of bid opening; however, it did affect the ranks of the second and third lowest bidders; and WHEREAS, the low bid submitted by Lekos Electric, Inc. is below the Engineer's estimate of $208,800 by $17,505.50, or approximately 8.4%; and WHEREAS, Lekos Electric, Inc. has installed similar traffic signal projects in the City with satisfactory performance; and WHEREAS, Project funding source (Federal Highway Administration Funds) requires bidders to make good faith efforts in utilizing DBEs (Disadvantaged Business Enterprises), the DBE goal for this project is 10.7%; and WHEREAS, although the goal was not met (Lekos achieved only 3.5% DBE participation), staff believes that the appazent low bidder documented an adequate good faith effort as contained in 49 CFR Part 26, Appendix A and took the reasonable steps in achieving the project's DBE goal; and WHEREAS, staff reviewed the contractor's bid package and determined that the contractor complied with the federal requirements and the bid package is complete, with no errors or omissions, and recommends awarding the contract to Lekos Electric, Inc. in the amount of $191,294.50; and WHEREAS, in order to approve change orders as necessary, staff is requesting City Council waive Council Policy No. 574-01. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award a contract for the "Traffic Signal Modification at Third Avenue and "K" Street [CIP No. TF376, Federal Project No. HSIPL 5203 (034)]" Project to Lekos Electric, Inc. in the amount of $191,294.50, BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby waive Council Policy 574-01 and authorize the Director of Public Works to approve change orders, as necessary, and expend all available contingency funds in an amount not to exceed $38,258.50. Presented by Approved as to form by / NV~YI ,~ Richard A. Hopkins Glen R. Googins j „~~ ~ e ({ ~ ~ ~~~ Director of Public Works City Attorney ~ L 4-8