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HomeMy WebLinkAbout13 - CC-13 - Arlington Dr Bioswale and Dry Weather - 7/18/2017CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 18, 2017 ITEM NUMBER: CC -13 SUBJECT: ARLINGTON DRIVE BIOSWALE & DRY WEATHER DIVERSION PROJECT - CITY PROJECT NO. 17-09 DATE: JULY 6, 2017 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BALTAZAR MEJIA, CITY ENGINEER, (714) 754-5291 RECOMMENDATION: Adopt plans, specifications, and working details for the Arlington Drive Bioswale & Dry Weather Diversion Project - City Project No. 17-09. 2. Waive a minor irregularity in the bid submitted by the apparent low bidder and award a construction contract to Sully -Miller Contracting Company, 135 South State College Boulevard, Suite 400, Brea, CA 92821, in the amount of $4,011,000.00 (Base Bid Only). 3. Authorize the Mayor and the City Clerk to execute the Public Works Agreement. BACKGROUND: This project proposes construction of a linear park -like area with a vegetated bio-swale and a multipurpose bike trail along the south side of Arlington Drive from Newport Frontage Road to Fairview Road. The work also includes construction of storm drain facilities in partnership with the Orange County Fairgrounds and coordination with Orange County Water District for the relocation of interfering portions of an existing reclaimed water transmission mainline. In early 2014, the City was successful in capturing $1,690,000.00 in Environmental Cleanup funds to design and construct the Arlington Drive Bic-swale and Dry Weather Diversion Project. Also, the Orange County Fairgrounds has already submitted its contribution in the amount of $1.5 million toward the construction of storm drain improvements. ANALYSIS: The City Clerk received and opened ten (10) bids for this project on June 20, 2017. Sully -Miller Contracting Company was the apparent low bidder with a base bid proposal of $4,011,000.00 and is recommended for award. On June 23, 2017, the City received a bid protest letter from Los Angeles Engineering, Inc. ("LAE"), the second lowest bidder (Attachment 2). In its protest letter, LAE argues that it believes Sully -Miller received an unfair advantage pre- and post -bid because Sully -Miller listed two electrical subcontractors, California Professional Engineering Inc. ("CPE") and Traffic Loops, Crackfilling, Inc. ("TLCF"), for identical portions of work—Bid Items Nos. 62, 67, 69, 70, and 78. LAE believes that Sully -Miller's bid proposal should be deemed not responsive and that the contract should be awarded to LAE. Following receipt of LAE's protest letter, staff requested clarification from Sully -Miller relating to the listing of CPE and TLCF for the same portions of work. On June 27, 2017, staff received email correspondence from Sully -Miller indicating that the listing of two electrical subcontractors for the same bid items was a clerical error (Attachment 3). Sully -Miller's intent was to hire both CPE and TLCF for different portions of the electrical work, but it made a clerical error in listing the two subcontractors for the same portions of electrical work. Due to the clerical error, it appeared that the same portions of work were being bid to two electrical subcontractors. However, Sully -Miller clarified that it intends to hire both electrical subcontractors, but for different portions of the el9ctrical work. Sully -Miller intends to hire CPE as the electrical subcontractor for Bid Items Nos. 67, 70, and 78, and TLCF as the electrical subcontractor for Bid Items Nos. 62 and 69 relating to traffic loops. CPE and TLCF each verified to Sully -Miller which portions of work they will be performing in connection with the Project. The communications from CPE and TLCF to Sully -Miller are included in Attachment 3. Based on the clarifying information provided by Sully -Miller, it is staff's position that the clerical error is a minor irregularity in Sully Miller's bid. There does not appear to be an unfair advantage to Sully -Miller as a result of the minor irregularity in the bid. Accordingly, staff recommends that City Council waive the minor irregularity and award the contract to Sully - Miller. Staff's response to LAE's bid protest letter is attached as Attachment 4. The Engineer's estimate was $4,518,620.50; and the average of the ten (10) bids received amounted to $4,644,255.93. An analysis of the bids indicates that this apparent low bidder submitted a bid proposal that is 11.2% lower than the Engineer's estimate. The variance between the low bidder and the Engineer's estimate may be attributed to the competitive conditions prevalent in the construction industry at this time. The Bid Abstract is included as Attachment 1. The license and references of Sully -Miller Contracting Company were checked and staff has found them to be in good standing. This construction company has completed numerous public works projects with the City of Costa Mesa in the past and is currently working on the Bristol Street Improvements. ALTERNATIVES CONSIDERED: Reject the apparent low bidder, Sully -Miller, as not responsive and award the contract to the second lowest bidder, LAE, as requested by LAE. Another option would be to reject all the bids. If all the bids are rejected, the City would need to readvertise or cancel the project. Staff believes that readvertising the project will not result in lower bids. FISCAL REVIEW: Construction funding for this project in the amount of $4,695,447.00 is available through a combination of Measure "M2" Grant, Orange County Fairgrounds' contributions, Drainage Fees, and Capital Improvements Fund. LEGAL REVIEW: The City Attorney's Office concurs with staffs position that the clerical error may be considered a minor irregularity that did not result in an unfair advantage to Sully -Miller. Upon Council award of the contract, the City Attorney's Office will review and approve the contract as to form. 2 CONCLUSION: The City has received bids for the Arlington Drive Bioswale & Dry Weather Diversion Project - City Project No. 17-09. Staff has evaluated all of the bids and recommends that the City Council adopt the plans, specifications, and working details for said project, waive the minor irregularity, and award a contract to the apparent low bidder, Sully -Miller Contracting Company, in the amount of $4,011,000.00. Staff further recommends that Council authorize the Mayor and the City Clerk to execute the Public Works Agreement. �0T RAJA SET KAMAN Public Services Director ATTACHMENTS: DISTRIBUTION 1 — 2- 3- 4— BALTAZARVMEJIA City Engineer Bid Abstract LAE Bid Protest Letters dated 6/23/17 and 7/11/17 Sully -Miller's Response to Bid Protest City's Response to LAE's Bid Protest City Manager Assistant City Manager City Attorney City Clerk Staff File 3 ATTACHMENT 1 CITY OF COSTA MESA DEPARTMENT OF PUBLIC SERVICES ARLINGTON DRIVE BIOSWALE AND DRY WEATHER DIVERSION CITY PROJECT 17-09 BID OPENING DATE: JUNE 20, 2017 BID OPENING RESULTS Bidder city Total Base Bid Total Base Bid + Additive Bid 1. Sully -Miller Contracting Co. BREA $4,011,000.00 $4,306,000.00 2. Los Angeles Engineering, Inc. COVINA $4,241,844.50 $4,412,590.50 3. Sukut Construction, Inc. SANTA ANA $4,246,750.00 $4,364,750.00 4. Environmental Construction, Inc. WOODLAND HILLS $4,378,120.00 $4,684,920.00 5. Boudreau Pipeline Corporation CORONA $4,546,321.30 $4,860,201.30 6. Beador Construction Company CORONA $4,595,750.00 $4,681,300.00 7. Palp, Inc. DBA Excel Paving Company LONG BEACH $4,647,970.00 $5,001,970.00 8. C.S. Legacy Construction, Inc. POMONA $4,842,111.00 $5,195,489.14 9. Kasa Construction CHINO $5,182,203.50 $5,524,403.50 10. Yakar COVINA $5,750,489.00 $5,927,489.00 Average $4,644,255.93 $4,895,911.34 Engineer's Estimate: $ 4,518,620.50 $ 4,754,620.50 General Engineering Contractor June 23, 2017 City of Costa Mesa Public Works 77 Fair Dr. Costa Mesa, CA 92626 714-754-5323 Attention: Arash Rahimian ATTACHMENT 2 RE: ARLINGTON DRIVE BIOSWALE & DRY WEATHER DIVERSION PROJECT CITY PROJECT NO. 17-09— BID PROTEST Mr. Rahimian, Los Angeles Engineering (LAE) respectfully submits the following letter in protest of the subject bid, read publicly on June 20th, 2017 at 2:00 PM. LAE believes the apparent low bidder (Sully -Miller Contracting Co.) is in breach of California Public Contractor Code and received an unfair advantage pre- and post -bid. After the bid was publicly read, those present had the opportunity to view and take pictures of the Subcontractor List. Upon review of the list (Attachment A), it is apparent that Sully Miller listed two Electrical contractors: California Professional Engineering, Inc. (listed as CPE) and Traffic Loops & Crackfilling (listed as TLCF). Additionally, both contractors are listed for identical Portion of Work and Bid Items number: Electrical; 62,67,69,70 and 78. Finally, in neither case is the portion of work said to be "Partial" or otherwise indicates that the listed contractor is not listed to perform the full scope of work per the bid items listed. California Public Contract Code (PCC) section 4106 discusses the above situation where a prime contractor specifies more than one subcontractor for the same portion of work: "If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of 1 percent of the prime contractor's total bid, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself." (Emphasis added) As such, according to PCC 4106, Sully -Miller must be both, certified to perform the portion themselves and must perform that scope themselves. However, per a search of Contractor's License (Exhibit B) current to June 20th, 2016 at 3:16 PM, Sully -Miller's business License Classification are: A — GENERAL ENGINEERING CONTRACTOR and C31 — CONSTRUCTION ZONE TRAFFIC CONTROL only. This 633 N. Barranca Avenue, Covina, California 91723 Main Phone Number: (626) 454-5222 Website: wtiv+v.laei�imt Fax Numbers: Estimating (626) 454-5226 Administration (626) 869-0902 Accounting (626) 869-0903 Dispatch (626) 869-0904 means that Sully -Miller is not qualified to perform the portions of work defined by bid items 62,67,69,70 and 78 as they do no have a C-10 ELECTRICAL license, which is the only license which would deem them "fully qualified" to perform said work. Therefore, Sully -Miller cannot perform the Electrical scope of work and cannot subcontract the work (as noted above) and as such is not capable of performing the complete scope of work for the contract and should be deemed not responsive. In addition to being unable to perform the Electrical scope of work, were Sully -Miller to be awarded the contract per their bid documents, they could effectively "shop" the electrical scope, by leveraging the two listed electrical contractors against each other to negotiate a better price than would have been available to the other bidders pre-bid, which they could have accounted for and adjusted their bid price accordingly. In conclusion, LAE is protesting Sully -Miller's Bid Proposal for the subject bid due to their listing two Electrical subcontractors for the same scope of work, in breach of PCC. By listing two Electrical subcontractors for the same scope of work Sully -Miller must perform the work themselves, which as shown above, they cannot do as they are not "fully qualified to do so per PCC. Additionally, Sully -Miller had an unfair advantage pre-bid as a direct result of listing two Electrical subcontractors as they could have estimated a lower total Electrical price knowing they would "shop" the price post -bid. Therefore, LAE respectfully believes that Sully -Miller's bid proposal should be deemed not responsive and the contract awarded to LAE. Sincerely, Aaron O'Brien. CC: City of Costa Mesa City Clerk 633 N. Barranca Avenue, Covina, California 91723 Main Phone Number: (626) 454-5222 Website: wwrv.laena.nct Fax Numbers: Estimating (626) 454-5226 Administration (626) 869-0902 Accounting (626) 869-0903 Dispatch (626) 869-0904 AN 5411/6 A • / \ General Engineering Contractor July 11th, 2017 City of Costa Mesa Public Works 77 Fair Dr. Costa Mesa, CA 92626 714-754-5323 Attention: Arash Rahimian RE: ARLINGTON DRIVE BIOSWALE & DRY WEATHER DIVERSION PROJECT CITY PROJECT NO. 17.09 — BID PROTEST - Rebuttal Mr. Rahimian, We are in receipt of your letter dated July 10th in regards to our Arlington Drive Bioswale & Dry Weather Diversion Project Formal Bid Protest. In your response, you reference that the listing of two subs for the same portion of work was a minor irregularity and that it did not provide an unfair advantage. This is incorrect and does not follow the California Public Contract Code. If this was in fact a clerical error and is covered by section 4107.5 of the public contract code, Sully Miller Contracting Co. would have had to assert a claim of inadvertent Clerical error in the listing of subcontractors within two working days after the time of bid opening which they did not. Attached to your letter, you included emails from California Professional Engineering, Traffic Loops Crackfilling, Inc., and Charlie Pessa from Sully Miller Contracting Co. On June 26th six days after the bid opening, Diem Chu from California Professional Engineering, Inc (CPE) sent an email to Charlie Pessa deducting bid items 62 and 69 from their proposal. On June 27th seven days after the bid opening, Mailan Nguyen from Traffic Loops Crackfilling, Inc. (TLC) sent Charlie Pessa a revised quote which Charlie Pessa accepted in the same email chain. With the findings in the emails provided in your response, it is very clear that this was not a minor irregularity but actual bid shopping. It was not the intent of Sully Miller to use both Electrical Subcontractors for different scopes as both subcontractors bid complete scopes. Both CPE and TLC revised their proposals after the bid date which is "Bid Shopping" by Sully Miller and is against California Public Contract Code. If this was negotiated by Sully Miller and both electrical subcontracts before the actual bid date they would have not had to revised their proposals, which both electrical subs did revise their proposals. 633 N. Barranca Avenue, Covina, California 91723 Main Phone Number: (626) 454-5222 Website: www.laene.net Fax Numbers: Estimating (626) 454-5226 Administration (626) 869-0902 Accounting (626) 869-0903 Dispatch (626) 869-0904 In conclusion, LAE is rebutting your decision to find Sully Millers bid package to have a "minor irregularity" and going against California Public Contract Code, and we request you find Sully Millers bid to be non- response for the listing of two Electrical Subcontractors and "Bid Shopping" several days after the bid opening. Therefore, LAE respectfully believes that the contract shall be awarded to LAE as the lowest responsive bid. If you have any questions concerning this matter please feel free to contact me. Sz ly, Aaron O'Brien CC: City of Cost Mesa City Clerk 633 N. Barranca Avenue, Covina, California 91723 Main Phone Number: (626) 454-5222 Website: www.lamg.net Fax Numbers: Estimating (626) 454-5226 Administration (626) 869-0902 Accounting (626) 869-0903 Dispatch (626) 869-0904 ATTACHMENT B i. r y T O. r STATE BOARD Contractor's License Detail for License # 747612 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per BRP 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information SULLY - MILLER CONTRACTING COMPANY 135 SOUTH STATE COLLEGE BLVD SUITE 400 BREA, CA 92821 Business Phone Number:(714) 578-9600 r. ...... ........ ...... This license is current and active. All information below should be reviewed. Entity Corporation Issue Date 03/30/1998 Expire Date 03131/2018 License Status Additional Status Data current as of 6/20/2017 3:16:00 PM The license may be suspended at a future date if the qualifying person is not replaced by 0713112017. Classifications A - GENERAL ENGINEERING CONTRACTOR C31 - CONSTRUCTION ZONE TRAFFIC, CONTROL Bonding Information Contractor's Bond _._ ..... ..........................................._.. ..........._.__-,.,,,. ,....,-_-., ._.. This license filed a Contractor's Bond with LIBERTY MUTUAL INSURANCE COMPANY, Bond Number: 014012431 Bond Amount: $15,000 ;Effective Date: 01/01/2016 ,Contractor's Bond History ............................... ..... ---- .......................... _....... ................. Workers' Compensation . _._ ....................... .. .. ........ is license has workers compensation insurance with the LIBERTY INSURANCE CORPORATION jP_.olicy Number:WC7631004125 !Effective Date: 04/01/2016 xpire Date: 04/01/2018 orkers' Compensation History umer Personnel listed on this license (current or disassociated) are listed on other licenses. ATTACHMENT 3 GARCIA, IRMA From: PESSA, Charlie (SBREA) <Charlie.Pessa@sully-miller.com> Sent: Tuesday, June 27, 2017 5:09 PM To: SMEETS, LUDWIG Subject: Sully -Miller's bid proposal for Arlington Dr. City Project No. 17-09 Attachments: 20170627165714184.pdf Dear City of Costa Mesa, Regarding Sully -Miller's proposal for the Arlington Dr. Bioswale & Dry Weather Diversion Project No. 17-09: To begin, Sully -Miller submitted a responsive bid which substantially complies with the invitation to bid. A minor irregularity was discovered on our subcontracting listing sheet, but this irregularity did not provide Sully -Miller with an unfair bid advantage or in itself is cause for our bid to be rejected by the City. Regarding the two electrical subcontractor's that were listed on our subcontractor sheet: CPE (California Professional Engineering, Inc.) is our electrical subcontract and will be performing all of the electrical work except the loop work. TLCF (Traffic Loops and Crackfilling, Inc.) is also and electrical subcontractor and they will be performing the loop work. Both electrical subcontractor will be preforming electrical work, but one will be performing the loop work, and the other will be performing the rest of the electrical work as described above. I have attached confirmation from both electrical subcontractor of the electrical scope that each subcontractor will be performing for your convenience. Respectfully, Charlie Pessa Chief Estimator Sully -Miller PESSA, Charlie (SBREA) From: Diem Chu (CPE) < them @cpengineeringinc.com> Sent: Monday, lune 26, 2017 4:51 PM To: PESSA, Charlie (SBREA) Cc: Van Nguyen Subject: Costa Mesa I Arlington Scope of Work Message sent from Internet moth diem&pengineeringine. comas email address Hi Charlie, CPE is willing to accept a subcontract per Estimate #17-1551, deducting :Item #s 62 "Install type e loop detectors with 10' spacing..." and Item. #69 -."Install type d bicycle loop detector with DLC's..." and solely honor bid items 67, 70, and 78. Let me know if I can be of further assistance at this time. Thank you! If there are any further questions/concerns, please feel free to contact me at ,the;,numbers below. Sincerely, Ms. Dileat Glia, ijetiarae )Kaaagar California Professional Engineering, Inc. (CPE) License #793907, Class A, C-10 929 Otterbein Avenue, Unit E, La Puente, CA 91748 [626] 810-1338 office / (626] 810-1322 fax [626] 353-3733 direct "Work hard and become a leader; be lazy and become a slave." Proverbs 12:24 1 PESSA, Charlie (SBREA) From: trafficloops@sbcglobal.net Sent: Tuesday, June 27, 201.7 1:53 PM To: PESSA, Charlie (SBREA) Subject: Re: Revised quote - Costa Mesa, Arlington Dr. Bioswale tYlessage sentfrom Internet with trafficloops@sbcglvbaL net as email address Hi Charlie, That is correct. Traffic Loops Crackfilling, Inc will only be installing the traffic loops for this project. Please let me know if you have any questions. Thanks, Mai -Lan Nguyen On Jun 27, 2017, at 1:16 PM, PESSA, Charlie (SBREA) <Charlie.Pessaoa sully-miller.com> wrote: For you record, we agree to the cost and terms of this revised proposal. Can you please send us an email that simply confirms that your will be doing the loop work only for this project. Thank you, Charlie From: mailan nguyen[mailto:trafficloopsE2sbcglobaI.net] Sent: Tuesday, June 27, 2017 12:49 PM To: PESSA, Charlie (SBREA) <Charile. Pessa @sully-miller.com> Subject: Revised quote - Costa Mesa, Arlington Dr. Bioswale Message sent from Internet with tra 'icloo s (' , bcglobal.net cis email address Hi Charlie, Please see the attached revised quote. I July 10, 2017 ATTACHMENT 4 CITY OF COSTA MESA P.O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628-1200 FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION Aaron O'Brien Los Angeles Engineering, Inc. 633 N. Barranca Avenue Covina, CA 91723 SUBJECT: ARLINGTON DRIVE BIOSWALE & DRY WEATHER DIVERSION PROJECT CITY PROJECT NO. 17-09 — BID PROTEST Dear Mr. O'Brien: This letter responds to your bid protest, dated June 23, 2017, protesting the bid submitted by Sully -Miller Contracting Co. ("Sully -Miller"), the apparent low bidder for the City of Costa Mesa's Arlington Drive Bioswale & Dry Weather Diversion Project, City Project No. 17-09 (the "Project"). For the reasons set forth below, following City staff's review and analysis of the protest and in consultation with legal counsel, we have determined that the inclusion of two subcontractors for the same portion of work was a minor irregularity in the bid that did not provide an unfair advantage to the apparent low bidder. Accordingly, staff will recommend that the City Council waive the minor irregularity and award the Project to Sully -Miller. Sully -Miller submitted a responsive bid proposal prior to the time and date required. The bid proposal included the listing of two subcontractors for five bid items related to electrical work. The five bid items that were listed with two subcontractors included: • Bid Item No. 62 — Install Type E Loop Detector with 10' Spacing in the Direction of Travel Centered in the Lane with DLC's to Controller • Bid Item No. 67 — Electrical Service Connection (Illuminated Pedestrian Crossing & Irrigation) • Bid Item No. 69 — Install Type D Bicycle Loop Detector with DLC's to Controller • Bid Item No. 70 — Install In -Roadway Hardwired Illuminated Pedestrian Crossing Marker System (SWARCO Lane Light MLK150.400 Series or Approved Equal) • Bid Item No. 78 - Relocate Ex. Speed Feedback Sign Sully -Miller listed two subcontractors to perform the work on the above -listed bid items: (1) California Professional Engineering Inc. ("CPE") and Traffic Loops, Crackfilling, Inc. ("TLCF"). Following receipt of your bid protest, staff requested that Sully -Miller clarify the subcontractors listed on page P-5 of Sully -Miller's bid ("Designation of Subcontractors"). On June 27, 2017, the City received email correspondence from Sully -Miller indicating that the listing of two electrical subcontractors for the same bid items was a clerical error. Sully -Miller's intent was to hire both CPE and TLCF for different portions of the electrical work, but it made a clerical error in listing the two subcontractors for the same portions of electrical work. Due to the clerical error, it appeared that the same portions of work were being bid to two electrical subcontractors. However, Sully -Miller clarified that it intends to hire both electrical subcontractors, but for different portions of the electrical work. Sully -Miller intends to hire CPE as the PHONE: (714) 754-5335 FAX: (714) 754-5028 TDD: (714) 754-5244 www.costamesaca.gov Aaron O'Brien Los Angeles Engineering, Inc. July 10, 2017 Page 2 of 2 electrical subcontractor for Bid Items Nos. 67, 70, and 78, and TLCF as the electrical subcontractor for Bid Items Nos. 62 and 69 relating to traffic loops. CPE and TLCF each verified to Sully -Miller which portions of work they will be performing in connection with the Project. The CPE and TLCF communications with Sully -Miller were attached to Sully -Miller's June 27, 2017 email. The June 27, 2017 email and its attachments are enclosed for your reference. Based on the clarifying information provided by Sully -Miller, it is staff's opinion that the clerical error is a minor irregularity in Sully -Miller's bid. There does not appear to be an unfair advantage to the apparent low bidder, Sully -Miller, as a result of this minor irregularity in the bid. Therefore, staff will recommend that City Council waive the minor irregularity in Sully -Miller's bid, and award the Project to Sully -Miller. This item will be presented to City Council at the July 18, 2017 Council meeting. Thank you for your interest in this project. Please feel free to contact the undersigned if you have any further comments or questions. Sincerely, Arash Rahimian Acting Senior Engineer City of Costa Mesa Attachments c: City Clerk City Engineer City Attorney's Office GARCIA, IRMA From: PESSA, Charlie (SBREA) <Charlie.Pessa@sully-miller.com> Sent: Tuesday, June 27, 2017 5:09 PM To: SMEETS, LUDWIG Subject: Sully -Miller's bid proposal for Arlington Dr. City Project No. 17-09 Attachments: 20170627165714184.pdf Dear City of Costa Mesa, Regarding Sully -Miller's proposal for the Arlington Dr. Bioswale & Dry Weather Diversion Project No. 17-09: To begin, Sully -Miller submitted a responsive bid which substantially complies with the invitation to bid. A minor irregularity was discovered on our subcontracting listing sheet, but this irregularity did not provide Sully -Miller with an unfair bid advantage or in itself is cause for our bid to be rejected by the City. Regarding the two electrical subcontractor's that were listed on our subcontractor sheet: CPE (California Professional Engineering, Inc.) is our electrical subcontract and will be performing all of the electrical work except the loop work. TLCF (Traffic Loops and Crackfilling, Inc.) is also and electrical subcontractor and they will be performing the loop work. Both electrical subcontractor will be preforming electrical work, but one will be performing the loop work, and the other will be performing the rest of the electrical work as described above. I have attached confirmation from both electrical subcontractor of the electrical scope that each subcontractor will be performing for your convenience. Respectfully, Charlie Pessa Chief Estimator Sully -Miller PESSA, Charlie (SBREA) From: Diem Chu (CPE) < them @cpengineeringinc.com> Sent: Monday, June 26, 2017 4:51 PM To: PESSA, Charlie (SBREA) Cc: Van Nguyen Subject: Costa Mesa I Arlington Scope of Work Message sentfrom. Internet with diem@epengineeringine.com as email address Hi Charlie, CPE is willing to accept a subcontract per Estimate #17-1551, deducting 4I em #s 62 "Install type e loop detectors with 10' spacing..." and Item #69 -'."Install type d bicycle loop detector with DLC`s..." and solely honor bid items '67, 70, and 78. Let me know if I can be of further assistance at this time. Thank you! If there are any further questions/concerns, please feel free to contact me at .the: numbers below. Sincerely, Ms. Died OAA, Generae Mana gar California Professional Engineering, Inc. (CPE) License #793907, Class A, C-10 929 Otterbein Avenue, Unit E, La Puente, CA 91748 [626] 810-1338 office / [626) 810-1322 fax [626] 353-3733 direct "Work hard and become a leader; be lazy and become a slave." Proverbs 12:24 PESSA, Charlie (SBREA) From: trafficloops@sbcgloba1.net Sent: Tuesday, lune 27, 201.7 1:53 PM Ta: PESSA, Charlie (SBREA) Subject: Re: Revised quote - Costa Mesa, Arlington Dr. Bioswale .Message sent, from Internet with trafficloops@sbcglobal. net as email address Hi Charlie, That is correct. Traffic Loops Crackfilling, Inc will only be installing the traffic loops for this project. Please let me know if you have any questions. Thanks, Mai -Lan Nguyen On Jun 27, 2017, at 1:16 PM, PESSA, Charlie (SBREA) <Charlie.Pessa ,s,.sully-miller.com> wrote: For you record, we agree to the cost and terms of this revised proposal. Can you please send us an email that simply confirms that your will be doing the loop work only for this project. Thank you, Charlie From: mailan nguyen mallto:trafficloo s sbc lobal. et Sent: Tuesday, lune 27, 2017 12:49 PM To: PESSA, Charlie (SBREA) <Charile. Pessaf@sully-miller.com> Subject: Revised quote - Costa Mesa, Arlington Dr. Bloswale Message .rent from Internet with tra "clan s@sbcglobal.net cis email address Hi Charlie, Please see the attached revised quote. Thanks, 1