HomeMy WebLinkAbout2011/08/02 Item 07CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
"-~' CHULAVISTA
8/02/11, Item ~
ITEM TITLE: PUBLIC HEARING TO CONSIDER WAIVING IRREGULARITIES
IN THE BID RECEIVED FOR THE "UPGRADE OF TRAFFIC
SIGNAL INTERSECTIONS PHASE II @ 10 INTERSECTIONS
CITYWIDE, CIP. NO. TF360B (FEDERAL PROJECT NO. HSIPL
5203 (025)" PROJECT PER CITY CHARTER SECTION 1009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS; REJECTING THE UNBALANCED BID
OF THE FIRST LOW BIDDER; WAIVING IRREGULARITIES IN
THE BID SUBMITTED BY SELECT ELECTRIC, INC; AWARDING
THE CONTRACT FOR THE UPGRADE OF TRAFFIC SIGNAL
INTERSECTIONS PHASE II @ 10 INTERSECTIONS CITYWIDE,
CIP NO. TF360B (FEDERAL PROJECT NO. HSIPL 5203 (025)"
PROJECT TO SELECT ELECTRIC, INC. IN THE AMOUNT OF
$718,140 AND AUTHORIZING AN INTER-PROJECT TRANSFER
IN THE AMOUNT OF $35,000 FROM "T~Y~3G~6 PROJECT TO TF360.
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS /~/.(~,In(,}-1~~
ASSISTANT DIREC OF ENGII~~G
REVIEWED B " CITY MANAGERkG
ASSISTANT CIT ANAGER G7~
4/STHS VOTE: YES ® NO ^
SUMMARY
On June 29, 2011, the Director of Public Works received six (6) sealed bids for the "Upgrade of
Traffic Signal Intersections Phase II @ 10 Intersections Citywide CIP No. TF360B, (Federal
Project No. HSIPL 5203 (025)) project. This is the second and final phase of the TF360 project.
This project will upgrade existing signalized intersections at ten out of the thirty-one
intersections originally included in the project. The proposed action would reject an unbalanced
bid by the low apparent bidder, waive a mathematical error in the bid by Select Electric, Inc.,
accept and award the contract to Select Electric, Inc., and authorize an inter-project transfer in
the amount of $35,000 from TF366 to TF360.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a
Class I categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA
Guidelines because the proposed traffic signal modification work and pedestrian ramp
construction involves negligible or no expansion of an existing use. Thus, no further CEQA
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8/02/11, Item ~
Page 2 of 4
environmental review is necessary. In addition, 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:(d)(2) [Highway Safety or Traffic Operation Improvements].
Thus, no further NEPA environmental review is necessary.
RECOMMENDATION
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
This project is included in the FY2008/FY2009 Capital Improvement Program budget to provide
upgrade and repair to existing traffic signal equipment at up to thirty-one major signalized
intersections. Three of these intersections were upgraded under other projects and Phase I of the
project (TF360A) completed the upgrade of eighteen intersections. Caltrans authorized funding
for the construction of Phase II of the project on June 1, 2011. The TF360B project (Phase II)
will upgrade the ten remaining signalized intersections at the locations listed below.
1. Bonita Road and Bonita Glen Drive;
2. Broadway and I Street;
3. Broadway and Moss Street;
4. Broadway and Naples Street;
5. Broadway and Oxford Street;
6. Third Avenue and L Street;
7. Third Avenue and Orange Avenue;
8. Fourth Avenue and I Street;
9. Broadway and J Street; and,
10. H Street and Fifth Avenue.
The work in general includes, but is not limited to the following: RemovaUrelocation, furnishing
and installation of signal standards, mast arms, signal light emitting diode (LED) indications,
pedestrian push buttons, reflectorized street name signs, (LED) safety lights, emergency
preemptions (EVPE), video/loop detections, wiring, controller cabinets, meter pedestals, pull boxes,
conduits, radar feedback signs (solar), other street signs, and posts. Other ancillary work includes
trenching for the traffic signal foundations and conduits, construction of curb returns, pedestrian
ramps with truncated domes, sandblasting of existing conflicting striping, striping, and traffic
control.
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8/02/11, Item
Page 3 of 4
On June 29, 2011, the Director of Public Works received the following six (6) sealed bids:
CONTRACTOR SUBMITTAL RESULTS TOTAL
SUBMITTED
Error-$ in words /figures
for item #s 9, 13, and 25 Unbalanced
1 Lekos Electrio, Inc., El Cajon, CA
and error in item total for ($688,095.00
31 _ Bid amount)
___
2 HMS Construction, Inc., Requirements aze met $754,957.60
Vista, CA
Error-total extended $718,140.00
3 Select Electric Inc., Spring Valley, CA amount item #8 0762,540.00 Bid
amount- incorrect
4 Sully-Miller Contracting Co., Brea, CA Missing submittal forms
i $898,062.00
____
5
I _
DBX Inc., Temecula, CA Requirements are met $904,560.00
_
6 ___
Flatiron Electric Group, Inc., Chino, CA
Missing Bid Proposal
$944,560.00
Signature page
Staff reviewed the apparent low bid by Lekos Electric Inc. and found the bid was unbalanced
(i.e. the extended written unit price, which controls the bid, exceeds the numeric total by
$5,557,680). Similar errors in their Bid Proposal existed in items 13 and 25 and there was an
error in the extended total cost for item number 31. Unbalanced bids are addressed on Page 6 of
the contract specifications, "REJECTION OF PROPOSALS CONTAINING ALTERATION,
ERASURES, OR IRREGULARITIES," which states that "(iJn case of disparity in the proposal
between the lump sum or unit bid price shown in figures and words,. the unit bid price or lump
sum amount as stated in words shall prevail and take precedence. Proposal in which the prices
obviously are unbalanced may be rejected." Staff sent a notification letter of the rejection of bid
to Lekos Electric Inc.. dated July 6, 2011.
The bid submitted by Select Electric Inc., showed an incorrect amount in bid item #8, in that
both unit cost in words and figures shows $260 each, the intended price per unit., The extended
total cost in numbers should have been $19,240 ($260x74); however, the bid incorrectly included
a numeric value of $63,640. With the rejection of Lekos Electric Inc.'s bid and correction of
Select Electric [nc.'s bid, Select Electric Inc. has been determined to be the lowest responsive
bidder for the project. Staff believes that the minor irregularity in Select Electric Inc.'s bid does
not affect the outcome or integrity of the bidding process and waiver does not provide an
advantage over other bidders. Staff recommends waiving the mathematical error in bid item #8
because Select Electric Inc. has acknowledged the error and the corrected contract bid amount.
Staff further recommends the award of contract to Select Electric Inc. in the amount of
$718,140.00.
The low bid submitted by Select Electric, Inc. is below the Engineer's estimate of $733,280.00
by $15,140 (2% below the Engineer's estimate). Select Electric, Incorporated has installed
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8/02/11, Item 7
Page 4 of 4
similar traffic signal projects in the City with satisfactory performance. Select Electric Inc.
License No. 297034 is current and active.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement as Attachment 1.
Wage Statement
The sources of funding for this project are from the Highway Safety Improvement Program
(HSIP) Program grant and Traffic Signal (grant match). Contractors bidding this project are
required to pay Federal and or State of California general prevailing wages to persons employed
by them for the work under this project.
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 properties, which are the subject of this action.
CURRENT YEAR FISCAL IMPACT
A breakdown of the project costs is as follows:
FUNDS REQUIRED
A. Contract Amount $718,140
B. Contingencies (10%) $71,814
C. Construction Inspection Staff Time, Survey & Design $89,000
D. Material Testing and other Costs $9,605
TOTAL REQUIRED $888,559
At this time, staff is recommending aninter-project transfer of Traffic Signal funds in the amount
of $35,000 from existing project "Traffic Signal/Street Light Upgrade" TF366 to TF360 as
necessary to complete the traffic signal upgrade work.
FUNDS AVAILABLE
A. TF360 (HSIP- and Traffic Signal Funds)
B. Interproject Transfer from TF366 (Traffic Signal Funds) to TF360 $853,559
$35,000
TOTAL FUNDS AVAILABLE (TF360) $888,559
ONGOING FISCAL IMPACT:
Upon completion of the project, annual operating and maintenance cost is estimated to be lower
than programmed.
ATTACHMENTS
1. Contractor's Disclosure Statement
Prepared by: Boushra Salem, P.E., Senior Civil Engineer, Public.Works Department
J'\EngineerWGENDA\CAS2011\08-02-11\TF360B Award Contract dp~R~V 7-27-t Ldoc
~Tr~c~n~rrr /
CITY OF CIdULA VISTA IDISCL®SiTItI; STATER~NT
Pursuant to Council Policy 101-O1,-prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests; payments, or campaign contributions for a City of Chula Vista
election must be filed. The follo\ving information must be disclosed:
I. List the names of all persons having a financial interzst in the property that is the subject of the
application or the contract, e.g, owner, applicant, contractor, subcontractor, material supplier.
N ~~
2. If any person` identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation partnership) entity.
N P~
3. If any person' identified pursuant to (1) above is a non-proft organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
d. Please identify every person; including any agents, employees, consultants, or independent
contracto/rs~~you have assigned to represent you before the City in this matter.
~~ k't -
5. Has any person` associated with this contract had any financial dealings with an officialT" of the
Ciq~ of Chula Vista as it relates to this contract within the past 12 months? Yes_ No_
~~
21
Q:\nn~incering4Vl Projcetsl'(FTFJGOlSpccs\TFJbOa\TFJ608 Specification Final.6fs.doc
7-5
If Yes. briefly describe the nature of the financial interest the official"'° may have in this confract.
6. Have you made a contribution of more than $250 n'ithin the past hvelve Q?) months to a curtent
member of the Chula Vista Ciq• Council? No~ Yes _ If yes, which Council member?
~1 h~
Have you provided more than 53J0 (or an item of equivalent value) to an official** of the City
of Chula Vistn in the past hvelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan; etc.) Yes _ No
If Yes, which official""' and what was the nature of item provided?
Date: ~(2~L- --
ig~tvre of Contracto (Applicant
--~_
Print or t}'pe name of C~tb tractor/Applicant
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipa[it}•, district, or outer political subdivision, -or any other group or combination acting as
a unit.
"~ Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
~_~_
Q:\Eneinccrine4111 Projects\TFCI'F760lSPccs\TPoGO8IT(360n Spcci&otion PinoLbfs.Aoc
7-6
RESOLUTION NO. 2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS; REJECTING THE
UNBALANCED BID OF THE FIRST LOW BIDDER,
WAIVING IRREGULARITIES IN THE BID SUBMITTED BY
SELECT ELECTRIC, INC; AWARDING THE CONTRACT
FOR THE UPGRADE OF TRAFFIC SIGNAL INTERSECTIONS
PHASE II @ 10 INTERSECTIONS CITYWIDE, CIP NO.
TF360B (FEDERAL PROJECT NO. HSIPL 5203 (025)"
PROJECT TO SELECT ELECTRIC, INC. IN THE AMOUNT OF
$718,140; AND AUTHORIZING AN INTER-PROJECT
TRANSFER IN THE AMOUNT OF $35,000 FROM TF366
PROJECT TO TF360
WHEREAS, this project is included in the FY2008/FY2009 Capital Improvement
Program budget to upgrade and repair existing traffic signal equipment at approximately 31
major intersections; and
WHEREAS, Phase I, TF360A project has completed the upgrade of 18 traffic signal
intersections; and
WHEREAS, this project is the second and last phase, TF360B, Phase II will upgrade the
remaining 10 out of the 31 traffic signal intersections; and
WHEREAS, Phase II consists of removal/relocation, furnishing and installation of signal
standards, mast arms, signal light emitting diode (LED) indications, pedestrian push buttons,
reflectorized street name signs, (LED) safety lights, emergency preemptions (EVPE), video/loop
detections, wiring, controller cabinets, meter pedestals, pull boxes; conduits, radar feedback
signs (solar), other street signs, and posts. Other ancillary work includes trenching for the traffic
signal foundations and conduits, construction of curb returns, pedestrian ramps with truncated
domes, sandblasting of existing conflicting striping, striping, and traffic control; and
WHEREAS, on June 29, 2011, the Director of Public Works received six (6) sealed bids
for the "Upgrade of Traffic Signal Intersections Phase II @ 10 Intersections Citywide CIP No.
TF360B, (Federal ProjectNo. HSIPL 5203 (025)) Project; and
7-7
Resolution No.
Page 2
WHEREAS, the Director of Public Works received six (6) bids as follows:
CONTRACTOR SUBMITTAL TOTAL
RESULTS SUBMITTED
Error-$ in words /
figures for item #s 9, Unbalanced
1 Lekos Electric, Inc., El Cajon, California
13, and 25 and error ($68$ 095.00
in item total for 31 Bid amount)
2 HMS Construction, Inc., Requirements are met $754,957.60
Vista, California
$718,140.00
3 Select Electric Inc., Spring Valley, Enor-total extended ($762,540.00 Bid
California amount item #8 amount-
incorrect)
4 Sully-Miller Contracting Co., Brea Missing submittal $g98
062.00
California forms ,
5 DBX Inc., Temecula, California Requirements are met $904,560.00
6 Flatiron Electric Group, Inc., Chino, Missing Bid Proposal $944,560.00
California Signature page
WHEREAS, during review of the apparent low bid by Lekos Electric Inc., staff found the
bid was unbalanced (i.e. the extended written unit price, which controls the bid, exceeds the
numeric total by $5,557,680); and
WHEREAS, similar errors in the Lekos' Bid Proposal existed in items numbers 13 and
25 and there was an error in the extended total cost for item number 31; and
WHEREAS, unbalanced bids are addressed on Page 6 of the contract specifications,
"REJECTION OF PROPOSALS CONTAINING ALTERATION, ERASURES, OR
IRREGULARITIES," which states that "[i]n case of disparity in the proposal between the lump
sum or unit bid price shown in figures and words, the unit bid price or lump sum amount as
stated in words shall prevail and take precedence. Proposals in which the prices obviously are
unbalanced may be rejected."
WHEREAS, staff sent a notification letter, dated July 6, 2011, to Lekos Electric Inc.
identifying the bid errors and informing them that their bid had been rejected; and
WHEREAS, the bid submitted by Select Electric Inc., showed an incorrect amount in bid
item #8, in that both unit cost in words and figures shows $260 each, the intended price per unit.
The extended total cost in numbers should have been $19,240 ($260x74); however, the bid
incorrectly included a numeric value shown in error of $63,640; and
WHEREAS, with the corrected bid amount, Select Electric Inc., becomes the lowest bidder for
7-8
Resolution
Page 3
the project; and
WHEREAS, Staff believes that this irregularity will not affect the outcome or integrity of
the bidding process. Staff recommends waiving the mathematical error in bid item #8 as Select
Electric Inc. acknowledged the new contract amount. Staff recommends the award of contract to
Select Electric Inc. in the amount of $718,140.00; and
WHEREAS, the low bid submitted by Select Electric Inc. is below the Engineer's
estimate of $733,280.00 by $15,140 or approximately 2% below the Engineer's estimate; and
WHEREAS, the Contractor has satisfactorily performed construction projects of similar
scope for the City in the past; and
WHEREAS, staff has reviewed the low bid and recommends awarding the contract to
Select Electric Inc of Spring Valley, CA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept the bids; reject the unbalanced bid by the low apparent bidder; waive a
mathematical error in the bid submitted by Select Electric, Inc.; award the contract for the
"Upgrade of Traffic Signal Intersections Phase II @ 10 Intersections Citywide CIP No. TF360B,
(Federal Project No HSIPL 5203 (025)) project to Select Electric, Inc. in the amount of
$718,140; and authorize an inter-project transfer in the amount of $35,000 from TF366 to
TF360. ~ ~ -°,
Presented by
as to
Richard A. Hopkins Cil oog
Director of Public Works Cy y Attorney
(C:~.4ttomeys OfficeAResos\T~36~B Award Contract Reso.doc)