Ruby Gonzales. Whittier Daily News. Whittier, Calif.: Feb 7, 2011.
PICO RIVERA – Mayor David Armenta accused city staff of lying about which company made the lowest proposal to manage a project that would build a median on Beverly Boulevard and add landscaping.
He also criticized the way city employees evaluated the proposals.
“When staff recommends something, staff needs to tell the complete truth,” Armenta said at the Jan. 25 City Council meeting.
He told this newspaper last week that Assistant City Manager Jeff Prang lied because Prang told the City Council on Dec. 14 that Willdan Engineering of Anaheim’s bid of $66,630 was the lowest for the construction management agreement on the Beverly Boulevard landscape median project.
But Armenta said AAE, Inc. in Orange actually was the lowest bidder.
AAE, Inc. came second with its proposal of $69,270, according to staff reports. Armenta said if you subtract the $10,280 in community outreach from the company’s proposal, which staff didn’t ask for, AAE’s bid would be $7,640 less than Willdan’s.
“We’re giving away $7,000 and engineering recommended AAE and Jeffrey Prang, who is not an engineer, overrides that,” Armenta said.
Prang said he didn’t lie to the council.
“I certainly understand and respect the mayor’s methodology and I regret he feels that way. But I stand by the staff recommendation as it relates to both cost analysis and the overall recommendation,” he said.
When he made the statement Willdan Engineering was lowest, Prang said it was based on the overall proposal. He also mentioned that because the council went with the cheaper company in other contracts.
He said it’s not unusual for council members to ask questions and be critical of staff.
Armenta met Jan. 4 with staff and AAE. He also put the issue back before the council at the Jan. 25 meeting where he made a motion to award the remainder of the contract to AAE Inc. None of the other council members supported the motion, which died.
City staff members don’t believe their methodology was flawed, saying they looked at the companies’ past performance on other city projects and at the amount of inspection hours proposed for the Beverly Boulevard project.
Prang said the $10,000 cost for community outreach didn’t win or lose the contract for AAE.
“The decision was based on their overall proposal which included hours of inspection, past performance, personnel assigned to the project,” Prang said.
AAE, Inc. officials couldn’t be reached for comment last week and Monday.
Councilman Bob Archuleta said it was quite a long meeting to go back to Point A and wasn’t necessary.
“It was puzzling. In some aspects everyone was puzzled,” Archuleta said.
“We select our staff professionally and I feel they’ve done a good job. When the mayor didn’t get a second that speaks very largely of the issue and the balance of support of the council for staff.”
Councilman Gregory Salcido said a council member who voted in the affirmative on an item can later bring it back to the council for reconsideration.
“Any member of the council can do that and may get support. In this case, it did not,” Salcido said.
He said he wasn’t told about the Jan. 4 meeting Armenta had with AAE and staff.
“Private meetings with staff and outside contractors complicates our ability to craft effective public policy,” Salcido said.
The agreement that raised the mayor’s ire was for the construction management and inspection services on the Beverly Boulevard median project. (Another company is building the median and adding the landscaping which is a separate contract.)
This type of contract with Willdan doesn’t require the city to go with the applicant that made the lowest bid.
“You award it to the best qualified candidates,” Prang said.
“There are a number of factors to be considered. Past experience. Past performance with the city. You look at the cost.”
The five-member City Council originally voted for Willdan Engineering to be the construction manager at its Dec. 14 meeting.
Staff recommended Willdan from a pool of six engineering firms and said the Anaheim-based company offered 100 more inspection hours than its closest competitor, AAE Inc.
“We felt it was a better quality proposal,” Prang said. “My argument did not lead with the cost. Cost was a factor, not the factor.”
Armenta denied he brought the issue up to benefit AAE. He said he checks city contracts and if he finds inconsistencies, he would ask questions.
“I’m doing this to benefit the city,” he said.
“I don’t care who gets the contract to tell the truth. I first look at can they do the job and dollar value.”
While staff said community outreach is supposed to be included in the project already, they didn’t ask for enhanced community outreach.
Since AAE broke out the $10,280 cost for community outreach in its proposal, Armenta said it is the city’s responsibility to look at each bid and check if something was added or missing.
“I would hope we are professional enough and educated enough to analyze bids to compare apples to apples. And if we’re not, we’ve got a problem,” he said.
After the proposals were submitted, he said staff spoke to AAE and told them to increase their inspection hours. He said the city has no right to tell any contractor how many hours they should be bidding.
Al Cablay, director of Public Works, told the council at the Jan. 25 meeting said he chose AAE and the request for inspection hours was made at his direction. The city has done that in the past when negotiating with companies.
Cablay said his choice wasn’t supported after further analysis by city administration.
Prang said Cablay may have had an opinion but there was no recommendation.
“He (Cablay) didn’t have a formal recommendation because I told him the decision will be made by me,” Prang said.
Armenta said he didn’t have a private meeting with AAE. He said he met with staff and the company on Jan. 4 to talk about the way staff evaluated the proposals and the past performance of the company on other city projects.
He said it came out that there was a lot of miscommunication between the city, a third party and AAE on previous projects.
AAE said it was at fault on one instance but everything else was a miscommunication, according to Armenta. He said since it’s the city’s projects, the city should take the lead and coordinate communication between the different parties.
Prang said they respectfully disagree and pointed out that’s not standard practice.
“Staff’s position is when we’re paying someone for construction management, they manage the contract,” Prang said.