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HomeMy WebLinkAboutItem 11c - Arcadia Bicycle Facilities Improvement Project DATE: March 17, 2020 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Philip A. Wray, Deputy Director of Development Services/City Engineer By: John Doojphibupol, Assistant Engineer SUBJECT: REJECT LOW BID FROM ELECNOR BELCO ELECTRIC INC. AND CONTRACT WITH PAVEMENT COATINGS CO. FOR THE ARCADIA BICYCLE FACILITIES IMPROVEMENT PROJECT IN THE AMOUNT OF $1,038,696.04, INCLUDING A 10% CONTINGENCY, AND ADOPT A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) Recommendation: Approve SUMMARY In 2015, the City of Arcadia, in partnership with the City of Sierra Madre, applied for and received federal grant funding through the Caltrans-administered Active Transportation Program for Bicycle Facilities Improvements. The total grant funding is $1,040,000, with a local match commitment of $445,000 funded by the cities. In September 2018, the City of Arcadia approved a Professional Services Agreement with Kreuzer Consulting Group for the design of the Arcadia Bicycle Facilities Improvements. The project endured a lengthy design and review process that included a scope change and time extension, with ultimate approval by the California Transportation Commission. Upon completion of the process, Caltrans approved the Construction Authorization on November 12, 2019. On January 9, 2020, a Public Notice Inviting Bids was issued. Two (2) contractors submitted bids, with Elecnor Belco Electric Inc. (“Belco”) producing the lowest bid. Upon review of the bids, it was determined that Belco’s bid was non-responsive due to a failure to comply with the self-performance specifications. The second lowest bid, submitted by Pavement Coatings Co., complies with local and federal requirements. It is recommended that the City Council find the project categorically exempt pursuant to the requirements of the California Environmental Quality Act (“CEQA”), reject the lowest bid by Elecnor Belco Electric Inc., and approve a contract with Pavement Coatings Co. Arcadia Bicycle Facilities Improvement Project Contract with Pavement Coatings Co. March 17, 2020 Page 2 of 5 in the amount of $1,038,696.04 for the Arcadia Bicycle Facilities Improvement Project, with a 10% contingency. BACKGROUND In November 2010, City Council adopted the General Plan Update, which included a plan for accommodating bicycles. In May 2015, the City, in a partnership with the City of Sierra Madre, applied for grant funding through the Active Transportation Program (“ATP”) for a Bicycle Facilities Improvement Project. In October 2015, Caltrans awarded the City $902,000 in ATP grant funds. In addition, Metro awarded the City $136,000 in Local Transportation Funds to supplement the ATP grant, bringing the total grant funding for the project to $1,040,000. The local match commitment is $445,000, of which, the City of Arcadia is responsible for 90%, and the City of Sierra Madre for 10%. In August 2018, the City Council held a study session and directed the staff to proceed. In September 2018, the City Council approved a Professional Services Agreement with Kreuzer Consulting Group for conceptual and final design services. In general, the project includes 7.1 miles of Class II Bike Routes and 13.6 miles of Class III Bike Routes. Class II routes are bicycle lanes separated from vehicle lanes with striping, while Class III routes are shared lanes with vehicles marked only by periodic signs and share-the-road pavement symbols. The length of each type of route represents street miles where routes are designated in both directions. The specifics of the project are provided below: • Class II bike lanes on Huntington Drive from Michillinda Avenue to Santa Clara Street • Restriping of First Avenue from Duarte Road to California Street to include Class II bike lanes, two parking lanes, two through lanes, and a center two-way left turn lane • Class II bike lanes on First Avenue from Colorado Boulevard to Orange Grove Avenue • Class II bike lanes on streets such as Huntington Drive, Sunset Boulevard, Santa Clara Street and Colorado Boulevard to connect with neighboring cities’ Class II lanes for regional consistency • Class III bike routes on streets such as Sierra Madre Boulevard, Orange Grove Avenue, Golden West Avenue, and Longden Avenue to connect with neighboring cities’ Class III routes for regional consistency • Slurry seal and restriping of portions of Huntington Drive and First Avenue • Bike racks at Arcadia City Hall Arcadia Bicycle Facilities Improvement Project Contract with Pavement Coatings Co. March 17, 2020 Page 3 of 5 • Video detection systems exclusively for bikes at various signalized intersections along designated bike routes A map of the project elements is included as Attachment No. 2. A Community Open House was held in November 2018 to obtain public input. Attendees were very supportive and provided helpful comments. Also in 2018, a Professional Services Agreement was awarded to LAE Associates, Inc. to guide and assist City staff with federal funding compliance and consultation services for the design and construction authorization phase. During design, it was determined that a Class II segment in the original grant proposal was not feasible and needed to be changed to a Class III. In accordance with the ATP program, any changes in scope must maintain or increase the lengths of the proposed bike routes, and must be reviewed and approved by Caltrans. The proposed change included adding more Class II lanes to offset the loss, and adding more Class III routes. Caltrans staff reviewed the scope change and determined that it required California Transportation Commission (“CTC”) approval. The CTC approved the scope change in May 2019 and approved the City’s time extension request in July 2019. Final plans and specifications and compliance documents were then submitted to Caltrans for their approval. A Construction Authorization was issued on November 12, 2019. DISCUSSION The project was advertised for bids on January 9 and February 6, 2020, and two (2) bids were received as shown below: CONTRACTOR AMOUNT Elecnor Belco Electric Inc. $1,019,076.00 Pavement Coatings Co. $1,038,696.04 After the bids were opened, Pavement Coatings Co. submitted a formal protest of Belco’s bid, stating that their bid was non-responsive because they only proposed to perform approximately 33% of the work as the prime contractor. Section 3-2 of the City- adopted Standard Specifications for Public Works Construction states that “The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price…”. Upon review and consultation with the City Attorney, the protest was determined to be valid, and Belco’s bid was disqualified. Therefore, the lowest responsible bid is from Pavement Coatings Co. Belco was informed of the City’s determination and did not challenge it. Arcadia Bicycle Facilities Improvement Project Contract with Pavement Coatings Co. March 17, 2020 Page 4 of 5 Pavement Coatings Co. is based out of Jurupa Valley, and was established in 1975. They have recently completed slurry seal projects in Los Angeles, Riverside, and San Bernardino counties. They are currently performing Slurry Seal work in the cities of Irvine, Jurupa Valley, Lancaster, and Ventura. They have also provided all the required documentation to comply with the federal funding requirements, and exceed the 10% goal for Disadvantaged Business Enterprise (“DBE”) subcontractor inclusion in the project. Pavement Coatings Co. has all the necessary qualifications for this project. ENVIRONMENTAL ANALYSIS Because this is a Federal project, an extensive Preliminary Environmental Study was prepared under the guidelines of the National Environmental Protection Act (“NEPA”). The conclusion of the study was that there would be no significant impacts to the environment and, therefore, the project was eligible for a Categorical Exemption/ Categorical Exclusion under NEPA, and required no further studies. Caltrans reviewed and agreed with the study and the Categorical Exemption/Categorical Exclusion designation. The City was responsible for evaluating the project under the guidelines of the California Environmental Quality Act (“CEQA”) as well. PSOMAS, a consulting engineering firm, performed the evaluation for the City, and they determined the project would be Categorically Exempt under Section 15301 – Class 1, Existing Facilities, and Class 4, Minor Alterations to Land. The City filed the notice with the County Recorder on April 11, 2019. FISCAL IMPACT Caltrans awarded federal funding for this project through the Active Transportation Program, in the amount of $902,000. In addition, Metro awarded the City $136,000 of Local Transportation Funds to supplement the ATP grant, bringing the total grant funding to $1,040,000. The local match commitment is $445,000 from Measure R funds. The City of Sierra Madre is sharing in the cost of the project and will be responsible for 10% of the local match, reimbursed to the City of Arcadia upon request. The total funding has been budgeted in the City’s Capital Improvement Program and there are sufficient funds in the budget to cover the contract amount of $1,038,696.04 plus a 10% contingency. If the entire contingency is utilized for some reason, the total project amount would be $1,142,566. RECOMMENDATION It is recommended that the City Council determine the project to be categorically exempt pursuant to the requirements of the California Environmental Quality Act (“CEQA”), reject the lowest bid by Elecnor Belco Electric Inc. and approve a Contract Arcadia Bicycle Facilities Improvement Project Contract with Pavement Coatings Co. March 17, 2020 Page 5 of 5 with Pavement Coatings Co. for the Arcadia Bicycle Facilities Improvement Project in the amount of $1,038,696.04, including a 10% contingency. Attachment No. 1: Proposed Contract Attachment No. 2: Bicycle Improvements Map GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CITY OF ARCADIA ARCADIA BICYCLE FACILITIES IMPROVEMENTS FEDERALLY FUNDED SUBJECT TO DAVIS-BACON REQUIREMENTS WITH 10% DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL PROJECT NO. 41852018 FEDERAL PROJECT NO. ATPL-5131(021) BETWEEN CITY OF ARCADIA AND PAVEMENT COATINGS CO. CONTRACT Attachment No. 1 (PROJECT NO. 41852018) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 1 CONTRACT FOR THE CITY OF ARCADIA ARCADIA BICYCLE FACILITIES IMPROVEMENTS 1. PARTIES AND DATE. This Contract is made and entered into this ______ day of _________, 2020, by and between the CITY OF ARCADIA (hereinafter called the "Owner") and PAVEMENT COATINGS CO., (hereinafter called the "Contractor"). 2. RECITALS. 2.1 The Owner is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by Owner in January, 2020, has submitted a bid proposal for construction the ARCADIA BICYCLE FACILITIES IMPROVEMENTS described in the Contract. 2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid Documents, and has given written notice to Contractor on [**INSERT DATE**]. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice Inviting Bids b. Instructions to Bidders c. Contract Bid Forms d. Contract Federal Requirements e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings (under separate cover) Part “F” - Performance Bond Part “G” - Payment Bond (PROJECT NO. 41852018) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 2 Part “H” - Escrow Agreement for Security Deposits (optional) f. ADDENDUM NO. 1 dated January 28, 2020. The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the Owner shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. ____________________________ Contractor’s Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work for the construction as necessary to fully and adequately complete ARCADIA BICYCLE FACILITIES IMPROVEMENTS, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work"), for a total of ONE MILLION THIRTY-EIGHT THOUSAND SIX-HUNDRED NINETY-SIX DOLLARS AND FOUR CENTS ($1,038,696.04), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. (PROJECT NO. 41852018) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 3 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 60 calendar days, beginning ten (10) calendar days after the date on which the Notice to Proceed is sent by the Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of SEVEN HUNDRED FIFTY DOLLARS ($750) PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 Owner's Basic Obligation. Owner agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit “A” and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the Owner. (PROJECT NO. 41852018) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 4 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor Surety Pavement Coatings Co. 10240 San Sevaine Way Jurupa Valley, CA. 91752 Attn: Doug Ford Attn: President Owner With Copies To: City of Arcadia 240 West Huntington Drive Arcadia CA 91007 Attn: Jason Kruckeberg, Asst. City Mgr/ Attn: Development Services Director Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CONTRACTOR CITY OF ARCADIA By: By: Name Dominic Lazzaretto, City Manager Title Date By: Attest: Name Title City Clerk Tax I.D. Number: Contractor’s License: 303609 Class: A Approved as to Form: By: ______________________________ Stephen P. Deitsch, City Attorney (PROJECT NO. 41852018) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT (EXHIBIT A) EXHIBIT “A” CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: Pavement Coatings Co. By: Signature: Name: Title: Date: Monrovia El Monte Temple City Pasadena Duarte Rd Liv e Oak Ave Baldwin AvLongd en Av Foothill Blvd Peck RdOlive St 6th AvHolly AvLas Tunas Dr 10th AvBaldwin AvFOOTHILL FRWY ·ÿ19Encinita AvTemple City BlvdMichillinda Av5th AvSierra Madre Blvd Grandview Av Orange Grove Av El Monte AvSanta Anita AvD uarte Rd 1st AvSanta Anita AvLive Oak Av e Foothil l Blvd Campus Dr Sunset BlvdH ugo OaksGoldenC o l o r a d o P l Harvard Dr Rosemead BlvdOld Ranch RdHighland Baldwin AvEl Monte AvLower A z u s a R d Camino Real &'210 Rosemead Blvd·ÿ19Santa Anita AvDrReid Dr WestAvVaqueroDrPalomaDr Huntington DrHuntington Dr Longden Av 2nd AvLima StStriping Modifications 0 1,000 2,000 3,000 4,000 Feet Base Map Features Mapped by: Hogle-Ireland Inc., 2010. Data Sources: The Mobility Group, 2010. Traffic Signal (Software Upgrade) Traffic Signal (Software & Detection Upgrade) Existing Metro Bike Lockers (Gold Line) Proposed Bike Racks ! "" ! Bicycle Classification Existing Class I Bike Path Existing Class II Bike Lane Existing Class III Bike Lane Proposed Class II Bike Lane Proposed Class III Bike Lane LA County Planned Class I Bike Path Planned Class II Bike Lane Planned Class III Bike Lane City Boundary Sphere of Influence Freeway Local Road Railroad Water Feature !!!! ! ! !!! ! ! !!! !!! ! ! "" " "" Attachment No. 2