HomeMy WebLinkAbout07 RED HILL REHAB 10-18-99AGEN ., DATE: OCTOBER 18, 1999 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION AWARD OF CONTRACT FOR RED HILL AVENUE REHABILITATION BETWEEN WALNUT AVENUE AND EDINGER AVENUE (C.I.P. NO. 7124) SUMMARY This project will provide for resurfacing of Red Hill Avenue between Walnut Avenue and Edinger Avenue along with the repair of failed pavement areas, minor storm drain construction and reconstruction of the raised concrete center medians. RECOMMENDATION It is recommended that the City Council declare that Sequal Contractors bid is non-responsive and award the construction contract for the Red Hill Avenue Rehabilitation Project to All American Asphalt, the second low bidder, in the amount of $629,486.53 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. FISCAL IMPACT The 1999-2000 Fiscal Year Capital Improvement Program budget provides sufficient funding for construction of this project. The City was successful in securing grant funding for this project from the Orange County Transportation Authority (OCTA) Combined Transportation Funding Program (CTFP) through the Arterial Highway Rehabilitation Program (AHRP). The AHRP provides up to 50% reimbursement for eligible construction items through the Federal Local Surface Transportation Program (LSTP), which is administered by Caltrans. BACKGROUND/DISCUSSION This project will provide for the resurfacing of Red Hill Avenue between Walnut Avenue and Edinger Avenue along with the repair of failed pavement areas and reconstruction of the raised concrete center medians. The project also provides for minor storm drain construction to eliminate the cross gutter on the easterly side .of Red Hill Avenue at Sycamore Avenue. With this construction the City will implement certain capacity enhancing striping changes to Red Hill Avenue which will provide three (3) northbound travel lanes from Edinger Avenue to Walnut Avenue, and three (3) southbound travel lanes starting from Sycamore Avenue to Edinger Avenue. These striping changes will occur in the areas where there currently is no on-street parking permitted. ~Upon completion of this construction the center medians will be re-landscaped under a separate construction contract. Award of Contract for Red Hill Avenue Rehabilitation between Walnut Avenue and Edinger Avenue October 18, 1999 Page 2 Bids were opened on September 8, 1999 for the subject project and seven (7) bids were received as follows: Sequel Contractors, Downey ....................................................................... $594,382.04 All American Asphalt, Corona .................................................................... $629,486.53 R.J. Noble Company, Orange ...................................................................... $632,687.98 Sully-Miller Contracting Company, Anaheim ............................................. $635,831.68 Hillcrest Contracting, Inc., Corona ............................................................... $637,619.44 Hillside Contractors, Inc., Stanton ............................................................... $644,140.18 Palp, Inc. DBA Excel Paving, Long Beach ................................................. $657,164.44 The low bid of Sequel Contractors has been determined to be non-responsive for failure to satisfy certain Federal requirements. This is a Federally funded project that requires the City to comply with the Federal Disadvantaged Business Enterprise (DBE) regulations adopted by the U.S. Department of Transportation. The Federal funds are distributed by Caltrans who approves each local agency's DBE Progran~ to see if it complies with the Federal regulations. The City's DBE requirements were attached to the bid documents. The City's approved DBE goal is 10 percent; that means the bidder must try to subcontract or partner at least 10 percent of the work to certified DBE's. The Notice To Bidders provides: "It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that, prior to bidding the bidder made good faith efforts to do so". Further, the evidence of DBE participation or "Good Faith Efforts" must be submitted so that it is received "by bid opening". ~ In this case the City was not provided evidence as of the date of bid opening that Sequel had secured 10 percent participation by certified DBE's. The participation l~ercentage was 9.5 percent. Sequel admitted that one' of their proposed DBE's had not been recertified by Caltrans (paperwork in progress). Another had been left off (untimely submittal). In addition, Sequel failed to fill out and submit to the City the form on which they were to document their "Good Faith Efforts" to meet the goal (see attached). The City could have considered their efforts and found them responsive even if they fell short of the 10 percent goal. However. absent timely completion and submittal of this form along with the bid. the City had no basis on which to find that "Good Faith Efforts" were made. The notice to bidders warned: "Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their Good Faith Efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City, in its review. finds that the goal has not been met". Award of Contract for Red Hill Avenue Rehabilitation between Walnut Avenue and Edinger Avenue October 18, 1999 Page 3 Finally, the Notice To Bidders states that: "Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal non-responsive". Given all of the above, it is staff's determination, concurred by the City Attorney, that Sequel's bid is non-responsive and should not be considered. All American Asphalt's bid is 8.3% below the engineer's construction estimate of $686,600.00. The State Contractor's License of All American Asphalt has been checked and verified and is appropriate for the subject project. In addition, All American Asphalt has worked on City projects previously and their work was satisfactory. ~,~ Tim D. Serlet Director of Public Works/City Engineer ,~~tte~n - Associate Civil Engineer TDS:JO:ccg:Award Contract Red Hill Ave. Rehab.doc Attachments A / Z O~ ii 0 0 Z 0 <~ 0 0 i I-- 0 0 13i:: Local Assistance Procedures 3Ianual Good Fait EXHIBIT I$-H Statement of DBE Participation GOOD F.M'IH EFFORT STATEMZN-I' OF DBE PARTICIPATION Federal-aid Project No. Bid Opening Date Type of Work The (local a__.encv) .established a Disadvantaged Business Ente~rise (DB£) goal of % for this project. The Contractor has commi~ed to a goal of o, ~o, necessitating a good faith effort statement in accordance with 49 CFR 23.45. Our project files show that a good faith effort was made. The following is a summaD' of that documentation: 1) Anendance ar - or request for any pre-solicitation or pre-bid meetings: 2) Advertising in appropriate publications) publications subcontracting opportunities: (Name and date of NAME DATE I I I I I I 3) Providing w,-inen notice to a reasonable number of DBE(s) seeking their interest in subcontracting opportunities being made available by the Contractor: (Sample le~er at-inched) 4) Following up of initial solicitations of interest: (Names, type, [-esutt.) 5) Selecting portions of the work to be performed by DBE(s): (Include S value) 6) Providing interested DBE(s) with adequate information: P~ge 15-35 Febru2,'-v 1, 1998 · ' Assistance Procedures 5Ianual EXHIBIT 15-H Good Faith Effort Statement of DBE F pation 7) Negotiating good faith with interested DBE(s): ($ value of DBE Bids and one taken) $) Making err%frs to assist interested DBE(s) in obtaining bonding, lines of credit, or insurance; and 9) Effectively using the ser~'ices of available minority community oraanizations; minority contractors' g'roups, local, State and Federal Minority Business Assistance in the recruitment and placement of DBE(s): (Name, date of contact, information provided) Signature, local agency DBE Liaison Officer Dis.~bmion for NHS Dir'.. ~ixr. ion for non-NHS proje~,s: (I) Ofi~naJ-Caltrarts DI..AE, (2) Copy - Lo:al Ag:n~ Proje= File (I) Original - Lo:al Agenzy Proje= File Page 15-36 Feb:-ua~, I, 1998