Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, P.E., DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: JULY 25, 2023
SUBJECT: CONSTRUCTION CONTRACT FOR LAKEWOOD BOULEVARD TRAFFIC SIGNAL UPGRADES AT FOUR LOCATIONS, CAPITAL IMPROVEMENT PROJECT NO. 20- 36A
EXECUTIVE SUMMARY
The City Council will consider awarding a construction contract to Select Electric, Inc. for the completion of traffic signal upgrades on Lakewood Boulevard at Rosecrans Avenue, Gardendale Street, Alameda Street, and 5th Street-Cecilia Street in order to enhance traffic safety, improve operations and modernize the traffic signal equipment and infrastructure to decrease maintenance costs at said intersections.
RECOMMENDATION
That the City Council:
1. Award the Lakewood Boulevard Traffic Signal Upgrades at Four Locations, Capital Improvement Project No. 20-36A, to Select Electric, Inc., the lowest responsive, responsible bidder, for the total bid amount of $1,045,950 and waive any and all minor irregularities in the bidding documents as submitted by said bidder; and
2. Authorize the City Manager, or his designee, to execute the Constructi on Contract with Select Electric, Inc. in the amount of $1,045,950, including any non-substantive extensions, change orders, purchase orders, and amendments up to the authorized budget amount of $1,150,545; and
3. Authorize the City Manager, or his designee, to execute a cooperative agreement with the City of Bellflower in the amount of $331,016, including any non-substantive extensions and amendments, for their share of the project cost.
BACKGROUND
On January 24, 2023, the City Council approved plans (Attachment A) and specifications and authorized staff to advertise for bids for the Lakewood Boulevard Traffic Signal Upgrades at Four Locations, Capital Improvement Project (CIP) No. 20 -36A. A copy of the project specifications is available for public review at the Public Works Department.
APPROVED BY
CITY MANAGER
LAKEWOOD BOULEVARD TRAFFIC SIGNAL UPGRADES AT FOUR LOCATIONS, CIP 20-36A JULY 25, 2023
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This project will involve the modification of the existing traffic signals at the Rosecrans Avenue, Gardendale Street, Alameda Street, and 5th Street-Cecilia Street intersections on Lakewood Boulevard. Specifically, the eastbound and westbound approaches at the Gardendale Street intersection will be converted to protected-permissive left-turn phasing, and the northbound approach at Alameda Street and the northbound and southbound approaches at the 5th Street-Cecilia Street intersections will be converted to fully-protected left-turn phasing. The existing median-mounted signal equipment at the Rosecrans Avenue intersection will be removed, various equipment will be upgraded to current standards, including poles, mast arms, vehicle and pedestrian indications, pedestrian pushbuttons, conduits, pull boxes, conductors, controller cabinets and internal components, emergency vehicle pre-emption, electrical services, signs, pavement markings, and curb ramps; and new battery back-up and video detection systems will be installed.
ANALYSIS
The project was advertised for bids in the Downey Patriot on May 4, 2023, and May 11, 2023, posted on Planet Bids on May 5, 2023, and published in various trade publications.
On May 25, 2023, the City Clerk received and publicly opened three bids ranging from $1,045,950 to $1,266,000 (Attachment B). The bid results were as follows:
CONTRACTOR LOCATION BASE BID AMOUNT
Select Electric, Inc. Vista, CA $1,045,950
DBX, Inc. Temecula, CA $1,161,690
Belco Elecnor Group Chino, CA $1,266,000
The lowest responsive and responsible bidder was Select Electric, Inc., in the amount of $1,045,950 (Attachment B). Staff reviewed the bid proposal and references provided by Select Electric, Inc. and found that Select Electric, Inc. has satisfactorily completed similar projects for the Cities of Los Angeles, Pasadena, Inglewood, Manhattan Beach, Norwalk, and Downey as well as the County of Los Angeles and Caltrans. In addition, Select Electric Inc.’s State of California contractor’s license is current and active. Finally, Select Electric, Inc. and its subcontractors are registered with the California Department of Industrial Relations under the Public Works Contractor Registration Program for Labor Compliance.
Staff recommends that the City Council award a contract in the amount of $1,045,950 to Select Electric, Inc. for the Lakewood Boulevard Traffic Signal Upgrades at Four Locations, Capital Improvement Project No. 20 -36A. Construction is estimated to begin in August 2023 and be completed in December 2023. The execution of a cooperative
LAKEWOOD BOULEVARD TRAFFIC SIGNAL UPGRADES AT FOUR LOCATIONS, CIP 20-36A JULY 25, 2023
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agreement (Attachment C) with the City of Bellflower will also be necessary in order for this project to move forward, given that the project limits are partially located within the City of Bellflower. The agreement specifies the responsibilities of each agency and the cost-sharing. Staff recommends the execution of the agreement. The City of Bellflower approved said agreement on July 10, 2023.
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
The total estimated cost of the project is $1,939,684.80 as shown in the table below:
Item Amount
Construction Contract $1,045,950
Contingencies $104,595
Subtotal Construction Cost $1,150,545
Design Engineering $136,800
City-Furnished Materials $480,339
Construction Inspection $97,000
Construction Engineering and Contract Administration $75,000 Grand Total $1,939,684
Approval of the recommended actions will result in an expenditure of $1,939,684 from the State Relinquishment, Measure R, Measure M, and Proposition C Local Return funds involving various Public Works Capital Improvement accounts as previously approved in the Fiscal Year (FY) 2021-2022, FY 2022-2023, and FY 2023-2024 Capital Improvement budgets as shown in the following table. There is sufficient fund balance for the recommended actions as shown in the below table:
Account No. Funding Source Amount
36-1-6769 State Relinquishment funds (previously expended in FY 2022 thru FY 2024 $107,775
56-1-6791 Measure R Local Return (previously expended in FY 2022 & FY 2023 $29,025
57-1-6769 Measure M Local Return (budgeted in FY 2023-24) $649,244 36-1-6769 State Relinquishment funds (budgeted in FY 2023-24) $590,307 54-1-6791 Proposition C Local Return (budgeted in FY 2023-24) $500,000 56-1-6454 Measure R Local Return (budgeted in FY 2023-24) $63,333 Total Project Funding: $1,939,684
LAKEWOOD BOULEVARD TRAFFIC SIGNAL UPGRADES AT FOUR LOCATIONS, CIP 20-36A JULY 25, 2023
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ATTACHMENTS
Attachment A: Plans
Attachment B: Bid Summary
Attachment C: Agreement with the City of Bellflower
Item
No.Description Qty.Unit Unit Price Amount Unit Price Amount Unit Price 1 Traffic Control, Public Convenience and Safety 1 LS 34,679.00$ 34,679.00$ 25,000.00$ 25,000.00$ 62,500.00$ 62,500.00$ 2 Traffic Signal Modification - Lakewood Blvd. at
Rosecrans Ave.1 LS 395,385.00$ 395,385.00$ 410,000.00$ 410,000.00$ 488,500.00$ 488,500.00$ 3 Traffic Signal Modification - Lakewood Blvd. at
Gardendale St.1 LS 236,395.00$ 236,395.00$ 283,940.00$ 283,940.00$ 290,500.00$ 290,500.00$ 4 Traffic Signal Modification - Lakewood Blvd. at
Alameda St.1 LS 173,251.00$ 173,251.00$ 196,350.00$ 196,350.00$ 208,500.00$ 208,500.00$ 5 Traffic Signal Modification - Lakewood Blvd. at Cecilia St. - 5th St.1 LS 206,240.00$ 206,240.00$ 246,400.00$ 246,400.00$ 216,000.00$ 216,000.00$ 1,045,950.00$ 1,161,690.00$ 1,266,000.00$
Unit Price Amount
Capital Improvement Project No. 20-36A
Lakewood Boulevard Traffic Signal Upgrades at Four Locations
BID SUMMARY
May 25, 2023
Select Electric, Inc.DBX, Inc.Belco Elecnor Group
BASE BID ITEMS
Total Base Bid - (Items 1 to 5)
ATTACHMENT B
AGREEMENT NO. __________
AGREEMENT FOR LAKEWOOD BOULEVARD AT
GARDENDALE STREET AND LAKEWOOD BOULEVARD
AT ROSECRANS AVENUE TRAFFIC SIGNAL
MODIFICATIONS BETWEEN THE CITY OF BELLFLOWER
AND THE CITY OF DOWNEY
THIS AGREEMENT, made and concluded, this ____ day of _____ 2023, by and between the City of Downey, hereinafter "DOWNEY'', and the City of Bellflower hereinafter "BELLFLOWER" (collectively referred to herein as the “Parties”)for the modification of the traffic signals at the intersections of Lakewood Boulevard at Gardendale Street and Lakewood Boulevard at Rosecrans Avenue to upgrade all existing equipment (i.e., poles, services, controller cabinets, conduits, pull boxes, safety lighting, pedestrian indications, etc.), hereinafter referred to as the ''PROJECT."
WITNESSETH:
WHEREAS, Downey received relinquishment funds from Caltrans in the amount of $375,000.00 toward the cost of the PROJECT; and
WHEREAS, DOWNEY and BELLFLOWER have appropriated sufficient funds in their respective Capital Improvement Programs to cover the local match portion of the total cost associated with the modification of the traffic signals at the intersections of Lakewood Boulevard at Gardendale Street and Lakewood Boulevard at Rosecrans Avenue to upgrade all existing equipment (i.e., poles, services, controller cabinets, conduits, pull boxes, sa fety lighting, pedestrian indications, etc.) under the PROJECT; and
WHEREAS, the local match portion of the project consists of the difference between the total cost of the PROJECT and the $375,000 in Caltrans relinquishment funds received for the PROJECT; and
WHEREAS, the City boundary between DOWNEY and BELLFLOWER coincides with the Lakewood Boulevard and Gardendale Street centerlines; and
WHEREAS, the PROJECT will be of mutual benefit to both DOWNEY and BELLFLOWER by enhancing traffic safety and minimizing traffic signal maintenance costs at these intersections; and
WHEREAS, DOWNEY and BELLFLOWER desire cooperating in the development and construction of the improvements to be completed under the PROJECT;
ATTACHMENT C
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, the parties agree as follows:
A. DOWNEY shall be responsible for providing all design and construction engineering necessary to complete the PROJECT. This shall include, without limitation, the following: design and preparation of complete plans, specifications and estimates; advertisement, bidding and award; contract administration , materials testing and inspection for the contemplated improvements, in accordance with the Public Contract Code , the City of Downey Charter, the City of Downey Municipal Code and the most recently adopted City of Downey Purchasing Policy, as applicable.
B. BELLFLOWER will compensate DOWNEY for its share of the local match portion of the total PROJECT cost. The actual BELLFLOWER share is fifty percent (50%) for the Lakewood Boulevard at Rosecrans Avenue Intersection and twenty five percent (25%) for the Lakewood Boulevard at Gardendale Street Intersection, of all costs associated with the local match portion of the PROJECT, including design, construction and construction engineering. Bellflower agrees to reimburse Downey for Bellflower’s Costs within 30 days of receiving an invoice. Any dispute regarding Bellflower’s Costs must be made within 10 business days of receiving an invoice. Upon request, Downey must provide Bellflower with any supporting documentation within 10 business days. All as -built plans must be provided to Bellflower within 30 days after a notice of completion is recorded for the Project and all of Bellflower’s Costs are paid to Downey.
C. DOWNEY and BELLFLOWER hereby approves or shall approve the scope, design and estimated cost of the PROJECT prior to the commencement of the PROJECT.
D. After the PROJECT is completed and accepted by both Parties , DOWNEY and BELLFLOWER agree to be responsible for maintenance of the improvements constructed for the PROJECT, and DOWNEY will continue to bill BELLFLOWER for 50% of the maintenance cost at the Lakewood Boulevard at Rosecrans Avenue Intersection and 25% of the maintenance cost at the Lakewood Boulevard at Gardendale Street Intersection pursuant to the traffic signal maintenance agreement between DOWNEY and its traffic signal maintenance vendor.
E. BELLFLOWER shall pay to DOWNEY an amount equal to fifty percent (50%) for the Lakewood Boulevard at Rosecrans Avenue Intersection and twenty five percent (25%) for the Lakewood Boulevard at Gardendale Street Intersection of the total PROJECT costs upon contract completion, and final acceptance of the PROJECT by DOWNEY. Bellflower agrees to reimburse Downey for Bellflower’s Costs within 30 days of receiving an invoice. Any dispute regarding Bellflower’s Costs must be made within 10 business days of receiving an invoice. Upon request, Downey must provide Bellflower with any supporting documentation within 10 business days. All as-built plans must be provided to Bellflower within 30 days after a notice of completion is recorded for the Project and all of Bellflower’s Costs are paid to Downey.
F. Each Party, as an Indemnitor, agrees to protect, indemnify, and hold the other Party (the “Indemnitee”) and its employees, officers and agents free and harmless from any and all losses, claims, liens, demands and causes of action of every kind including, without limitation, the amounts of judgment, interests, court costs, legal fees, experts fees, experts costs, and other expenses incurred by the Indemnitee including losses and claims regarding personal injuries, death, or damages to property, and without limitation by enumeration, all other claims or demands of every kind occurring or arising directly out of the negligent acts, errors or omissions of the Indemnitor in the performance of its obligations and duties under this Agreement, except to the extent the injury to persons or damage to property are due or claimed to be due to the Indemnitee’s negligence or willful misconduct. This provision is not intended to create any cause of action in favor of any third party against either Party to this Agreement, but is intended solely to provide for indemnification of a Party for liability for damages and injuries to third persons or property arising from the Indemnitor Party’s negligent performance of this Agreement. Bellflower and Downey waive the pro rata risk allocation contained in Government Code § 895.6. This Section survives termination or expiration of this Agreement.
G. DOWNEY shall require any consultant and contractor to perform work on the PROJECT or to perform maintenance services for the improvements to protect, indemnify and defend BELLFLOWER in the manner that DOWNEY is indemnified in the contract documents.
DOWNEY shall require any consultant and contractor to name both DOWNEY and BELLFLOWER as additional insureds on all required insurance under the PROJECT contract documents.
H. The parties of this Agreement are the City of Downey, a municipal corporation and charter city, having its principal office at 11111 Brookshire Avenue, Downey, CA 90241 and the City of Bellflower, a municipal corporation, having its principal office at 16600 Civic Center Drive, Bellflower, CA 90706.
I. The representatives of the respective parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given, are as follows:
The principal representative of the City of Downey is:
Matthew Baumgardner, P.E.
Director of Public Works/City Engineer
11111 Brookshire Avenue
Downey, CA 90241
(562) 904-7102
The principal representative of the City of Bellflower is:
Len Gorecki
Director of Public Works
16600 Civic Center Drive
Bellflower, CA 90706
(562) 804-1421 x 2217
J. This Agreement shall be effective upon execution by DOWNEY and BELLFLOWER and shall continue in full force and effect until June 30, 2024, unless extended by written amendment signed by the parties, including the City Manager of the City of Downey.
Notwithstanding this Section J, if the construction is in progress on June 30, 2024, the Agreement shall continue in effect until project completion. Further, the obligations and promises of the parties set forth in Sections D, E, F, and G of this Agreement shall survive the termination of this Agreement.
K. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
L. Integration. This instrument and its attachments constitute the sole agreement between Bellflower and Downey respecting the matters above and correctly sets forth the obligations of Bellflower and Downey. Any Agreement or representations respecting the Project not expressly set forth in this instrument are void.
M. This Agreement is covered by the laws of the State of California. Any action must be filed in the Los Angeles Superior Court, Southeast Judicial District, California.
N. Default and Termination.
1. Notice of Default. If for any reason, a Party fails to fulfill in a timely and proper manner its obligation under this Agreement, or a Party has violated any of the terms or conditions of this Agreement, the non-violating Party must provide a Notice of Default to the violating Party setting forth the breached terms or conditions of this Agreement. The violating Party then has 30 days to cure the terms and conditions in the written notice, unless extended by mutual agreement of the Parties in writing.
The Notice of Default must refer to this clause, specify the nature of the alleged default, and must specify the effective date of the termination if a breach does lead to termination.
2. Failure to Cure. If the violating Party fails to cure and bring into compliance all terms specified, the non-violating Party then may terminate this Agreement upon thirty (30) days written notice. Downey would then only receive reimbursement for Bellflower’s Costs, if any are due, for the portion of the Project performed in compliance with this Agreement as of the termination date.
O. Compliance with Law. Both Parties will, at their sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to this Agreement.
P. Waiver of Breach. Any express or implied waiver of a breach of any term of this Agreement will not constitute a waiver of any further breach of the same or other term of this Agreement.
Q. Term. This Agreement becomes effective 10 business days after the date it is fully executed and, unless otherwise terminated, remains effective until Downey is fully reimbursed for Bellflower’s Costs.
R. Cooperation between the Parties. The respective Public Works Director for each party may undertake most decisions regarding the Project. Among other things, the Public Works Directors must agree on the specific design standards and project scope for any work performed within Downey’s jurisdiction that constitutes part of Bellflower’s Costs.
S. Downey as Lead Agency; Selection of Contractors and Consultants. The Parties agree that Downey will be lead agency for all aspects of the Project (including environmental review) and is responsible for Project management. Both Parties will cooperate, in the manner anticipated in Section 4, regarding selection of professional services; contractors will be awarded a contract in accordance with applicable law.
T. Required Contract Clauses. As to any element of the Project affecting Bellflower’s jurisdiction or Bellflower’s Costs, Bellflower will be identified as an intended third-party beneficiary in all contracts executed by Downey. Moreover, Bellflower will be listed as an “additional insured” for any insurance provided by consultants or contractors in accordance with Bellflower’s insurance requirements.
U. Permits. Bellflower agrees to issue a “no fee” permit for any work performed within its jurisdiction as may be required. For example, and not limitation, Bellflower will issue an encroachment permit and grading permit to the contractor constructing the Project.
V. Partial Invalidity. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement will remain in effect, unimpaired by the holding.
W. Construction. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
X. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment.
Y. Electronic Signatures. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is