HomeMy WebLinkAbout22 - East Coast Highway Traffic Signal Rehabilitation Project - Award of Construction Contract No. 5418 (15T04/CAP13-0017) CITY OF
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. � NEWPORT BEACH
-- City Council Staff Report
September 8, 2015
Agenda Item No. 22
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644-3330,
dawebb @newportbeachca.gov
PREPARED BY: Eric Loke, Civil Engineer
PHONE: 949-644-3336
TITLE: East Coast Highway Traffic Signal Rehabilitation Project - Award of Construction
Contract No. 5418 (15T04/CAP13-0017)
ABSTRACT:
Staff advertised and has now received bids for construction of the East Coast Highway Traffic Signal
Rehabilitation Project and requests City Council approval to award the Construction Contract to KDC, Inc.
dba Dynalectric (Dynalectric) of Los Alamitos, California.
RECOMMENDATION:
a) Approve the project drawings and specifications;
b) Award Contract No. 5418 to Dynalectric for the total bid price of $1,993,887.00, and authorize the
Mayor and the City Clerk to execute the contract;
c) Establish an amount of $200,000.00 (approximately 10%) to cover the cost of unforeseen work not
included in the original contract;
d) Approve Budget Amendment No. 16BA-007 appropriating $855,200 from the unappropriated Pacific
Coast Highway Relinquishment Fund (137) to Account No. 13701-980000-15T04 (East Coast Highway
Traffic Signal Rehabilitation project); and
e) Authorize staff to execute a sole-source purchase with Pacific Lighting Sales, Inc. of custom LED
luminaires and decorative scrolls for six intersections within Corona del Mar Village.
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FUNDING REQUIREMENTS:
Upon approval of the budget amendment, sufficient funding is available for the award of this contract. The
following funds will be expensed:
Account Description Account Number Amount
PCH Relinquishment 13701-98000-15T04 $2.250.000.00
Total $2,250,000.00
Proposed uses are as follows:
Vendor Purpose Amount
Dynalectric Construction Contract $1,993,887.00
Dynalectric Construction Contingency 200,000.00
Sole-Source Purchase City-furnished equipment 40,000.00
Maintenance Contractor Landscaping & Irrigation 10,000.00
Various Printing & Incidentals 6.113.00
$2,250,000.00
DISCUSSION:
At 10:00 A.M. on August 20, 2015, the City Clerk opened and read the following bids for this project:
BIDDER TOTAL BID AMOUNT
Low KDC, Inc. dba Dynalectric $1,993,887.00
2 High Light Electric, Inc. $1,997,777.00
3 Steiny and Company, Inc. $2,001,998.00
4 Elecnor Belco Electric, Inc. $2,030,493.00
5 PTM General Engineering Services, Inc. $2,139,139.00
6 California Professional Engineering, Inc. $2,185,362.00
7 DBX, Inc. $2,197,116.00
8 International Line Builders, Inc. $2,225,256.00
9 Crosstown Electrical & Data, Inc. $2,356,310.00
10 Asplundh Construction Corp. $2,743,345.00*
'Corrected Bid Amount
The low total bid amount is approximately 6 percent above the Engineer's Estimate of $1,883,000.00. The
low bidder, Dynalectric, possesses a California State Contractors License Classification (C-10) as required
by the project specifications. A check of the contractor's references indicates satisfactory completion of
similar projects in Newport Beach and for other public agencies.
There are two general types of projects the City has been undertaking in the past several years in an effort
to upgrade and properly maintain the city's traffic signal system. The first type of projects is rehabilitation of
existing signals and the various components such as wiring, pull boxes, lights, poles and vehicle detection.
The second type of project has been the Traffic Signal Modernizations (TSM) which includes installation of
advanced signal controllers, fiber-optic inter-connection cables, new and advanced sensors and controller
programming, CCTV cameras and centralized communication to and from the Traffic Management Center
(TMC) at the Civic Center. This project is primarily part of an ongoing effort to rehabilitate the City's aging
traffic signal system to ensure reliability, safety and to maintain on-going smooth traffic flow. This project
falls outside the scope of the current multi-year TSM project.
As a result of the relinquishment of Pacific Coast Highway from Jamboree Road to Newport Coast Drive in
2004 from the State, the City took over operation and maintenance of the highway including 13 former
Caltrans traffic signals that were in various states of disrepair and reliability. The last major traffic signal
rehabilitation project along Coast Highway would have been completed by Caltrans sometime prior to the
relinquishment, but no records are available. In 2008, as part of the City's first phase of the citywide traffic
signal modernization effort, a project was undertaken to retrofit many of these traffic signals with modern
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traffic controllers and communication equipment, fiber-optic inter-connection cable and installation of
several key CCTV cameras. With the goal of improving reliability and performing necessary maintenance
of these traffic signals along this city-operated segment of Coast Highway from Jamboree Road to Newport
Coast Drive, staff now recommends awarding the construction contract for this project which includes the
maintenance and rehabilitation of the aging signals at the following intersections as shown on Attachment
A:
• Coast Highway / Irvine Terrace
• Coast Highway / Newport Center Drive
• Coast Highway / Avocado Avenue
• Coast Highway / MacArthur Boulevard
• Coast Highway / Goldenrod Avenue
• Coast Highway/ Poppy Avenue
• Coast Highway / Morning Canyon Road
• Coast Highway / Cameo Highlands Drive/Cameo Shores Road; and
• Coast Highway / Pelican Point Drive
In addition to the above traffic signal rehabilitations, the Corona del Mar (CdM) Business Improvement
District (BID) has also requested new intersection lighting to be installed that matches the existing
decorative streetlights within CdM Village. Staff conducted considerable research and worked with a
regional lighting distributor (Pacific Lighting Sales, Inc.) to provide custom LED luminaires and decorative
scrolls for the six intersections (MacArthur Boulevard to Poppy Avenue)within Corona del Mar Village.
On August 26, 2015, High Light Electric, Inc., ("High Light"), the second low bidder, submitted the attached
formal bid protest (Attachment B) to the City in regards to this project. According to the protest letter, High
Light claimed that Dynalectric should be considered non-responsive due to certain missing documentation.
Upon receipt of the protest letter, staff from the Public Works Department and City Attorney's Office
reviewed Dynalectric's bid and found the omissions to be insubstantial. Staff then contacted Dynalectric to
request the information, promptly receiving and filing the documents. As part of the "Notice Inviting Bids" in
the project specifications, the City "reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids." Therefore, for the reasons given above, staff recommends
accepting the bid submitted by Dynalectric as the lowest responsive and responsible bid and,
subsequently, awarding the contract to Dynalectric.
Pursuant to the Contract Specifications, the contractor will have 150 consecutive working days to complete
the work.
ENVIRONMENTAL REVIEW:
Staff recommends City Council find this project exempt from the California Environmental Quality Act
("CEQA') pursuant to Section 15301 (for repair, maintenance and minor alteration of existing public
facilities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Project Location Mao
Attachment B - Letter of Protest Dated August 26, 2015
Attachment C -Budget Amendment
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ATTACHMENT A
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PROJECT CORRIDOR
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CITY OF NEWPORT BEACH
East Coast Highway Traffic Signal Rehabilitation Project PUBLIC WORKS DEPARTMENT
C-5418 09/08/2015
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ATTACHMENT B
H GGHT
I- I ELECTRIC.,,
P.O.BOX 7339,RIVERSIDE,CA 92513 •www.hleincusa.com
Physical Address: 6942 Ed Perkic St. Ste.A Riverside,CA 92504
TEL(951)352-9646 -FAX(951)352-2498
August 26, 2015
Phone: 949-644-3311
Fax: 949-644-3318
City of Newport Beach
David Webb, Public Works Director
100 Civic Center Dr.
Newport Beach, CA 92660
RE Contract No. 5418
Notice of Bid Protest
Dear Mr. Webb,
High Light Electric, Inc. ("HLE") hereby submits this letter to formally protest the apparent low bidder,
Dynalectric, being awarded the above referenced contract (the City provided HLE with Dynalectric's bid
proposal after a public records act request on August 25, 2015). As set forth below, Dynalectric's bid is
non-responsive, and should be rejected. As such, HLE should be awarded the contract as the responsive
low bidder.
Dynalectric's Bid is Non-responsive and Should be Rejected
The "Instructions to Bidders" specifically required the bid to be completed in all respects, or be
deemed non-responsive. Dynalectric was the apparent low bidder. However their bid is
incomplete, rendering it non-responsive and should be rejected on multiple separate and
independent grounds.
Failure to Submit Resume of Superintendent
The bid requirements at page 12 require the bidder to attach the experience resume of
the General Construction Superintendent or Construction Manager the Bidder intends
to employ. Dynalectric failed to submit any documentation or resume to satisfy this
requirement. Dynalectric did not even designate an individual superintendent or
construction manager.
Failure to Submit Statement of Claims. Arbitrations Lawsuits and Settlements
The bid requirements at page 19 require the bidder to provide full documentation of all
arbitrations, lawsuits, settlements, and the like that the bidder has been involved in with
public agencies in the previous five years. Dynalectric did not satisfy this requirement.
To wit, Dynalectric's information did not provide the names, addresses, and telephone
Contract No.5418
Notice of Bid Protest
August 26,2015
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ATTACHMENT B
numbers of the parties involved in such claims, or any summary of the parties' claims
and defenses, which were explicitly required to be submitted with the bid.
Instead, Dynalectric submitted a one-page memorandum which states generally that
"...there are numerous situations which give rise to the possibility of claims or
disputes..." and "Sometimes these [situations] give rise to the filing of lawsuits."
Dynalectric continues, stating "On rare occasions, liens are filed by suppliers and/or
subcontractors as a result of disputes..." Dynalectric failed to address the requirement
to provide party information as well as claim/dispute information. Indeed, Dynalectric
did not even state whether they have been involved in any claim, arbitration or
litigation, rather they state that "Sometimes these [situations] give rise to the filing of
lawsuits."
Dynalectric's memo fails to satisfy the requirement to provide information regarding
claims, arbitrations; and litigations. The inherent purpose of requiring a bidder to
provide such information is to enhance transparency regarding a bidder's history of
litigation and claims, which must be considered by public agencies. Dynalectric's memo
defeats that purpose by evading the question and providing nebulous answers.
Dynalectric's apparent intent is to dodge the questions in an effort to avoid providing
the required information.
Failure to Provide Information Regarding Labor Compliance Claims
The bid requirements at page 19 also require the bidder to answer whether the bidder
has been involved in any claims or actions by any outside agency or individual for labor
compliance. Dynalectric failed to answer "yes" or"no" to this inquiry.
In conclusion, Dynalectric's bid should be deemed non-responsive and rejected by the City. The failures
and omissions identified herein form multiple bases for rejecting their bids. Further, Dynalectric's
evasive memorandum regarding claims, arbitrations, and litigations should cause significant concern as
to the intent to mislead the City and conceal claim/dispute history. The instructions to bidders must be
strictly adhered to in order to ensure an equal playing field for all bidders. Any bidder who fails to
satisfy the stated requirements and who does not comply with the public contracting code should be
deemed non responsive. HLE hereby requests that the City reject Dynalectric's bid and award HLE the
contract as the lowest responsive bidder.
Thank you for your time and consideration. Please call or email me with any questions or concerns.
Sincerely,
Ian . RYf o
Project Dispute
General Counsel
Enc
Contract No.5418
Notice of Bid Protest.
August 26,2015
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ATTACHMENT C
City of Newport Beach NO. BA- 16BA-007
BUDGET AMENDMENT
2015-16 AMOUNT: $655,200.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for the East Coast Highway Traffic Signal Rehabilitation project.
Funds will come from the unappropriated Pacific Coast Highway Relinquishment fund.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
137 300000 PCH Relinquishment-Fund Balance $855,200.00
REVENUE ESTIMATES(3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS(3603)
Description
Org Number 13701 PCH Relinquishment CIP
Account Number 980000 CIP Expenditures for GL
Project Number 15T04 East Coast Highway Traffic Signal Rehabilitation $855,200.00
Automatic Syslem Entry.
Signed: q-1 - / �r
Financ proval: Finance Director Date
Signed:
Adminislrah proval: City Manage Date
Signed:
City Council Approval: City Clerk Dale
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