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CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE "MOSS STREET CORRIDOR IMPROVEMENTS BETWEEN THIRD AVENUE AND FOURTH AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA CIP #STL394 FEDERAL NO. HSIPL 5203(037)" PROJECT PER CITY CHARTER SECTION 1009
RESOLUTION NO. 2014-186 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "MOSS STREET CORRIDOR IMPROVEMENTS BETWEEN THIRD AVENUE AND FOURTH AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA CIP #STL394 FEDERAL NO. HSIPL 5203(037)" PROJECT TO T&M ELECTRIC, INC., DBA PERRY ELECTRIC, IN THE AMOUNT OF $242,644; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AMOUNT NOT TO EXCEED $17,132
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RECOMMENDED ACTION
Recommended Action
Council conduct the public hearing and adopt the resolution.
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SUMMARY
On September 3, 2014, the Director of Public Works received seven (7) sealed bids for the "Moss Street Corridor Improvements between Third Avenue and Fourth Avenue in the City of Chula Vista, California CIP #STL394, Federal No. HSIPL 5203(037) Project. The project is included in the Capital Improvement Program fiscal year 2013/2014. This project will upgrade traffic signals, construct ADA compliant pedestrian ramps and, complete the missing curb, gutter and sidewalk within the project limits. The proposed resolution, if approved, would waive a minor mathematical error; accept bids; award a public works contract to T&M Electric, Inc., dba Perry Electric, in the amount of $242,644; and authorize the expenditure of all available contingency funds in the amount not to exceed $17,132.
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 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, 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.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
The traffic signal upgrade will provide a protected left turn lane phasing at the intersection of Third Avenue/Moss Street, and, traffic signal pedestrian indication and push button upgrades at the Fourth Avenue/Moss Street intersection. Additionally, four (4) ADA compliant pedestrian ramps at the intersection of Third Avenue/Moss Street and approximately 300 feet of missing curb, gutter, and sidewalk will be constructed within the project limits.
The project will serve Harborside and Rice Elementary Schools, Chula Vista Adult School, and the single and multi-residential properties along both sides of Moss Street.
On September 3, 2014, the Director of Public Works received seven (7) bids as follows:
CONTRACTOR |
BID |
1. T&M Electric, Inc. dba Perry Electric - Santee, CA |
$242,644.00* |
|
($241,944.00 Bid Opening) |
2. Lekos Electric, Inc. - El Cajon, CA |
$259,034.00 |
3. HMS Construction, Inc. - Vista, CA |
$264,798.00* |
|
(264,873.00 Bid Opening) |
4. Steiny and Company, Inc. - Baldwin Park, CA |
$315,445.00 |
5. Flatiron Electric Group, Inc. - Chino, CA |
$341,217.00 |
6. DBX, Inc. - Temecula, CA |
$358,621.00 |
7. Just Construction, Inc. - San Diego, CA |
$391,904.60* |
|
($401,563.60 Bid Opening) |
*The submitted bid proposal contained mathematical errors that did not affect the unit price, but affected the total bid amount. Corrections of bid totals did not change the outcome and ranking of the bids.
Staff's review of the low bid by T&M Electric, Inc. found a mathematical error in the total bid amount. The corrected grand total bid amount is $242,644.00, which is $700 more than the total bid shown in the bid submittals. Errors were also found in two (2) other submittals. The corrected bid totals did not change the ranking order of the bids or effect the unit price of the bid items.
T&M Electric, Inc. submitted a letter dated September 9, 2014, as shown in attachment 2, acknowledging their mathematical error and confirming the corrected total bid amount of $242,644.
The low bid submitted by T&M Electric, Inc. is below the Engineer's estimate of $244,230 by $1,586 (approximately 0.7%). T&M Electric, Inc. is a licensed Electrical Contractor Class C10 with a current and active License No. 747931 and, has installed similar traffic signal projects in the City with satisfactory performance. Additionally, Staff determined that the bid package is complete, with no other errors or omissions.
The project's 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 7.3% and T&M Electric, Inc. has achieved 18.84%.
Staff recommends waiving the minor mathematical error and awarding a construction contract to T&M Electric, Inc. in the amount of $242,644.00.
Wage Statement
This is a federally funded project. The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under the 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.
Disclosure Statement
Attachment 1 is a copy of the Contractor's Disclosure Statement.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a property-related conflict of interest exists, in that, Councilmember Pamela Bensoussan has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not 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.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Moss Street Corridor Improvements between Third Avenue and Fourth Avenue project supports the Strong & Secure Neighborhoods goal as it will provide modified and upgraded traffic signals that will improve the safety of the intersections. A well maintained traffic signal system improves safety to motorists, bicyclists, and pedestrians as well as providing for the efficient movement of all modes of circulation.
CURRENT YEAR FISCAL IMPACT
The project cost for construction is $279,776, which is funded by: TransNet, Highway Safety Improvement Program (HSIP) and Traffic Signal funds. There is no additional impact to the TransNet, HSIP, and Traffic Signal funds as sufficient funds are available in CIP Project No. STL394 to complete the project. The table below summarizes the project construction costs.
FUNDS REQUIRED FOR CONSTRUCTION |
|
A. Contract Amount |
$242,644 |
B. Contract Contingency |
$17,132 |
C. Construction Inspection Staff Cost |
$20,000 |
TOTAL FUNDS REQUIRED FOR CONSTRUCTION |
$279,776 |
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require routine maintenance.
ATTACHMENTS
1. Contractor's Disclosure Statement
2. Bid Correction Letter from T&M Electric, Inc. dba Perry Electric
Staff Contact: Boushra Salem, Senior Civil Engineer