The URL can be used to link to this page

Home My WebLink About2005-08-16; City Council; 18243; Traffic Signal Battery Backup Systems Contract4B# 18,243 dTG. 08/16/05 IEPT. PW/GS CITY OF CARLSBAD -AGENDA BILL TITLE: AWARD OF CONTRACT FOR PURCHASE AND INSTALLATION OF 36 TRAFFIC SIGNAL BATTERY BACKUP SYSTEMS CONTRACT NO. UPS-2 RECOMMENDED ACTION: Adopt Resolution No. 2005-256 accepting the bid of $213,120 and awarding the contract to Econolite Traffic Engineering and Maintenance, Inc. for purchase and installation of 36 traffic signal battery backup systems and auxiliary cabinets - Contract No. UPS-2. ITEM EXPLANATION: During the energy crisis, staff identified the need to provide back up power for traffic signal systems. Staff researched the options and determined that the best product available was the unit manufactured by the Clary Corporation. In an effort to retrofit existing signals with battery backup systems, the City has purchased and installed 15 units since FY 1999-2000. In addition, recent construction requirements have included the backups in 19 additional signal systems. Staff is now ready to move ahead with the purchase and installation of 36 additional backup units. This will make a total of 70 systems with back up power, representing 53% of our current traffic signal inventory. On April 5, 2005, City Council approved contract documents and special provisions, and authorized the City Clerk to advertise for bids for this project. Four bids were received, opened, witnessed and recorded on June 28, 2005. The bid amounts ranged from $213,120 to $288,252. The bids were review by the Public Works Department and were as follows: Econolite Traffic Engineering and Maintenance, Inc. $21 3,120 Republic Electric $223,200 TSD Engineering $228,744 Select Electric $288,252 The Engineer’s Estimate for this project was $288,000. Republic Electric submitted a formal letter of protest dated June 30, 2005. Republic Electric alleges that the low bidder was not a plan holder and therefore not a responsive bidder. They also allege that the low bidder and a parts supplier have business interests with a third company. They believe that this gave the low bidder an unfair advantage. This letter was forwarded to the City Attorney for review. The City does not have a requirement that bidders must be registered plan holders. The purpose of registering plan holders is to ensure that bidders have the correct plans and can be sent addendum when necessary. Based on the City Attorney’s recommendation, a letter of response was returned to Republic Electric on July 21, 2005 explaining staff‘s intent to recommend the protest be denied. Econolite Traffic Engineering and Maintenance, Inc submitted the lowest responsive bid. Therefore, staff recommends the protest made by Republic Electric be denied and the contract be awarded to Econolite Traffic Engineering and Maintenance, Inc, the lowest responsive bidder, in the amount of $213,120. The contractor‘s registration and bonds are in order and references are satisfactory. Contract documents are on file in the General Services offices of Public Works. Page 2 of Agenda Bill No. 18,243 ENVIRONMENTAL REVIEW: This project has been determined to be exempt from environmental review per CEQA (14 Cal Code Reg s15301) - minor alteration of an existing facility. FISCAL IMPACT: Design of this project was completed in-house. The total estimated project cost including labor, materials, tax, and contingency is $223,770. This includes a 5% contingency. The General Fund FYO5-06 Traffic Signal Maintenance Operating Budget currently has sufficient appropriations. Staff is requesting no additional funding for this project. EXHIBITS: 1. Resolution No. 2005-256 accepting the bid of $213,120 and awarding the contract to Econolite Traffic Engineering and Maintenance, Inc. for the purchase and Installation of 36 Clary Battery Backup and Auxiliary Cabinets and authorizing a 5% contingency amount of $1 0,650. 2. Republic Electric Letter of Protest 3. City of Carlsbad Letter of Response to Formal Protest DEPARTMENT CONTACT: Heidi Heisterman, 760-434-2937, hheis@ci.carlsbad.ca.us a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING THE CONTRACT FOR PURCHASE AND INSTALLATION OF 36 CLARY BATTERY BACKUP SYSTEMS AND AUXILIARY CABINETS, CONTRACT NO. UPS-2 WHEREAS, the City Council adopted Resolution No. 2005-1 02 approving contract documents, special provisions and specification, and authorized the City Clerk to advertise for bids to purchase and install 36 Clary battery backup systems and auxiliary cabinets at existing traffic signal locations, hereinafter referred to as the “Project;” and WHEREAS, bids have been received by the City of Carlsbad, California to purchase and install 36 Clary battery backup systems and auxiliary cabinets ; and WHEREAS, the bids were opened, witnessed and recorded on June 28,2005; and WHEREAS, the lowest responsive bid received was submitted by Econolite Traffic Engineering and Maintenance, Inc. in the amount of $213,120; and WHEREAS, adequate funds currently exist in the General Fund FYO5-06 Traffic Signal Maintenance Operating Budget to cover this expense. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the low bid of $213,120 submitted by Econolite Traffic Engineering and Maintenance, Inc for the purchase and installation of 36 Clary battery backup systems and auxiliary cabinets, Contract No. UPS-2, is hereby accepted. That the above recitations are true and correct. 4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute a contract for the Purchase and Installation of 36 Clary Battery Backup Systems and Auxiliary Cabinets, Contract No. UPS-2 with Econolite Traffic Engineering and Maintenance , I nc. 5. That a 5% contingency amount of $10,650 is hereby approved. VI 111 VI 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 6. That the award of this contract is contingent upon Econolite Traffic Engineering and Maintenance, Inc. executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within twenty (20) days of adoption of this resolution. The City Manager may grant reasonable extensions of time. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of AUGUST , 2005 by the following vote, to wit: lchin, Sigafoose ATTEST (SEAL) 7 June 30,2005 Econolite Traffic Engineering and Maintenance Republic Electric TDS Select KPv;!l D2Vk Purchasing City of Carlsbad Faraday Center 1635 Faraday Ave. Carlsbad. CA 92008 $2 13,140.00 $223,200.00 $228,744.00 $288,252.00 Subject: Traffic Signal Battery Backup Systems Bid LETTER OF PROTEST Dear Mr. Davis: We are writing to protest the subject bid which opened on Tuesday, June 28, 2005. As you are aware, the City received four bids as follows: Ecanolite Traffic Engineering and Maintenance was not a plan holder for the referenced project, and is therefore not a responsive bidder. The plans were held by Econolite Control Products, a manufacturer of traffic signal equipment that has an interest or ownership of Econolite Traffic Engineering and Maintenance. Republic Electric requested and used pricing for BBS cabinets from California Chassis, another company for which Econolite Control Products has an interest Maintenance, we would not have worked with them in hying to price the cabinets. \if owncrship. IIad wc: b~ri+n tit& Cii!ifhki Chasi; *i.ii~ SO wuik;~~;: iviih C,u,ui;ie T'zEL Ei;giiict, ;.ig We therefore protest an award to Econolite Traffic Engineering and Maintenance based on the facts that they were not an official plan holder for the project, and they had an unfair competitive advantage in that they had potential access to information regarding pricing that other bidders were receiving for cabinets. We hereby request that you reject the bid from Econolite Traffic Engineering and Maintenance, and you award the project to Republic Electric, the lowest responsive, responsible bidder. Please contact us at your earliest convenience with your determination on this issue. Very truly yours, (pb-9- Ja es A. Wagner, P.E. Engineering A EXG, i bi’f 3 City of Carlsbad July 21 , 2005 James A. Wagner, P.E. Republic Electric 715 Debra Lane Anaheim CA 92805 BY FAX AND BY MAIL RESPONSE TO LETTER OF PROTEST DATED JUNE 30, 2005 RE: CLARY BATTERY BACKUP AND AUXILIARY CABINET INSTALLATIONS, CONTACT NO. UPS2 Your letter of protest requested that we reject the bid received from Econolite Traffic Engineering and Maintenance (Econolite), the apparent low bid. The reasons you state for this request is that Econolite was “not an official plan holder for the project” and that due to their relationship with a company called Econolite Control Products, “they had an unfair competitive advantage in that they had potential access to information regarding pricing that other bidders were receiving for cabinets”. While the City of Carlsbad strongly encourages contractors to be registered plan holders for the projects they intend to bid, there is no requirement for this. Lack of registration alone does not render a bidder’s submission non-responsive. Also, there is no requirement for the City to keep a plan holder’s list. These lists are kept for the convenience of the City and shared with the public because they are public records. Although contractors are free to use them as they desire, they are not intended to provide contractors with tactical bidding information. Regarding Econolite having an unfair advantage due to their possible connection to California Chassis and your lack of knowledge of this relationship due to the absence of Econolite’s presence on the plan holder’s list, we do not find a reason to reject their bid. In addition to the reasons stated in the previous paragraph, It is not unusual for a supplier to quote prices to several contractors for a single bid. Quoted prices are not always confidential or equal in cost. The California Public Contract Code directs us to award contracts to the lowest responsive bidder. As a result, City staff will recommend to the Carlsbad City Council that the award for this bid be made to Econolite Traffic Engineering and Maintenance. Thank you for the opportunity to address your concerns. I look forward to receiving future bids from your organization. Buyer 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2730 - FAX (760) 602-8562 @