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:
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Grandview Av
Orange Grove Av
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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
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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
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Attachment No. 2