HomeMy WebLinkAboutAgenda Report - November 19, 2008 E-22/ 2AGENDA ITEM F
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Awarding Contract for Lodi Public Library Entry Project to
SW Allen Construction, Inc., of Sacramento ($37,244.75)
MEETING DATE: November 19,2008
PREPARED B Y Public Works Director
RECOMMENDED ACTION: Adopt a resolution awarding the contract for the Lodi Public Library
Entry Project to SW Allen Construction, Inc., of Sacramento, in the
amount of $37,244.75.
BACKGROUND INFORMATION: This project consists of removing and replacing the existing
concrete entry to the Lodi Public Library with a new concrete ramp
and guardrails. The project also includesthe replacement of the
existing exterior automatic door system, and other and incidental
and related work, all as shown on the plans and specifications for the above project.
In 2005, the City of Lodi performed a self-evaluation of its facilities and programs to determine what
needed to be done to achieve compliance with requirements of the Americans with Disabilities Act (ADA).
The front entrance to the Lodi Public Librarywas identified in the transition plan as being a physical
barrierfor the disabled community. This projectwill reconstructthe entrance to the library to meetADA
requirements.
Plans and specificationsfor this projectwere approved on September 3, 2008. The City received the
following five bids for this project on October 15, 2008.
Bidder
Engineer's Estimate
SW Allen Construction, Inc.
Diede Construction
AMECA General Engineering
SPOSETO General Contractor
Big B Construction
Location
Bid
$44,100.00
Sacramento
$37,244.75
Woodbridge
$37,464.25
Fairfield
$40,200.00
Union City
$56,800.00
Stockton
$31,595.88
*The bid proposal from Big B Construction was submitted with a total bid of $34,777.49. 1 n analyzing this
bid, it was discovered that their actual total was $31,595.88 when multiplying each unittimes the listed
unit price, and adding those subtotals. Big B has explained that the error occurred because when they
revised the unit price, they forgot to change anything other than the subtotal. Unfortunately, under Lodi's
bidding rules it is the price per unit times the unit that controls in the event of a discrepancy between that
number and the subtotal. As a result of this mathematical error, Big B Construction has requested that
its bid be withdrawn. The City Attorney's office has concluded that Council could probably not hold Big B
Construction to the bid because of their mistake and cannot award them the contract at $34,777.49
APPROVED:
BlairKing�ity anager
K 4WMPROJECTSWISCUBRARYIEnhy pnojecAGAwani_SWAllen dor-11/1412008
Consider Adopting Resolution Awarding Contractfor Lodi Public Library Entry Projectto Big B
Construction, Inc., of Stockton ($31,596)
November 19,2008
Page 2
because it conflictswith our bidding rules. As such the City Attorney recommends Council allow Big Bto
withdraw and award to the lowest responsive bidder, SW Allen Construction, Inc., in the amount of
$37,244.75.
FISCAL IMPACT: There will be no additional maintenance costs associated with this
project.
FUNDING AVAILABLE: Community Development Block Grant Funds ($86,558)
. 11"�2le
an ; e n r
F, Wally sarAfelln
Public Works Director
Prepared by Wesley K. Fujitani, Senior Civil Engineer
FWS/WKF/pmf
cc: City Attorney
Purchasing Officer
Fleet and Facilities Manager
Library Services Director
Community Improvement Manager
K:IWPIPROJECTS\MISCILIBRARYIEntry prOjecHCAwarcSWAIIen.doc 1111412008
LODI PUBLIC LIBRARY ENTRY PROJECT CONTRACT
CITY OF LODI, CALIFORNIA
THIS CONTRACT made by and between the CITY OF LODI. State of California, herein
referred to as the "City," and SW ALLEN CONSTRUCTION, INC., herein referred to as the
"Contractor."
WITNESSETH:
That the parties hereto have mutually covenanted and agreed, and by these presents do
covenant and agree with each other, as follows:
The complete Contract consists of the following documents which are incorporated herein by
this reference, to -wit:
Notice Inviting Bids
Information to Bidders
General Provisions
Special Provisions
Bid Proposal
Contract
Contract Bonds
Plans
The July 2002 Edition,
Standard Specifications,
State of California,
Business and Transportation Agency,
Department of Transportation
All of the above documents, sometimes hereinafter referred to as the "Contract Documents."
are intended to cooperate so that any work called for in one and not mentioned in the other is to
be executed the same as if mentioned in all said documents.
ARTICLE I - That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the City and under the condition expressed in the two
bonds bearing even date with these presents and hereunto annexed, the Contractor agrees
with the City, at Contractor's cost and expense, to do all the work and furnish all the materials
except such as are mentioned in the specifications to be furnished by the City, necessary to
construct and complete in a good workmanlike and substantial manner and to the satisfaction
of the City the proposed improvements as shown and described in the Contract Documents
which are hereby made a part of the Contract.
ARTICLE ii - The City hereby promises and agrees with the Contractor to employ, and does
hereby employ, the Contractor to provide all materials and services not supplied by the City and
to do the work according to the terms and conditions for the price herein, and hereby contracts
to pay the same as set forth in Section 5.600, "Measurement, Acceptance and Payment," of the
General Provisions, in the manner and upon the conditions above set forth; and the said parties
for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree
to the full performance of the covenants herein contained.
ARTICLE f i I - The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division
2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing
wage rate and other employer payments for health and welfare, pension, vacation, travel time,
CONTRACT.DOC I 1110712008
and subsistence pay, apprenticeship or other training programs. The responsibility for
compliance with these Labor Code requirements is on the prime contractor,
ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full
compensation for furnishing all materials and for doing all the work contemplated and embraced
in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or
from the action of the elements, or from any unforeseen difficulties or obstructions which may
arise or be encountered in the prosecution of the work until its acceptance by the City, and for
all risks of every description connected with the work; also for all expenses incurred by or in
consequence of the suspension or discontinuance of work and for well and faithfully completing
the work, and the whole thereof, in the manner and according to the Plans and Contract
Documents and the requirements of the Engineer under them, to -wit:
The work consists of removing and replacing the existing 600 square foot concrete entry to the
Lodi Public Library with a new concrete ramp and guard rails. The project also includes the
replacement of the existing automatic door system and other incidental and related work, all as
shown on the plans and specifications for the above project.
CONTRACT ITEMS
ITEM EST'D.
NO. DESCRIPTION UNIT QTY
1. Remove Existing Concrete
Ramp LS LS
2. Import Fill CY 8
3. Construct New Concrete Ramp SF 600
4. Furnish and Install Guard Rails LF 75
5. Remove and Replace Existing
Exterior Automatic Door System LS LS
UNIT PRICE
$ 2,254.00
TOTAL PRICE
$ 2,254.00
$ 250.00 $ 2,000.00
$ 9.13 $ 5,478.00
$ 182.69 $13,701.75
$ 13.811.00
TOTAL
$13,811.00
$37,244.75
ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code, which requires every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract.
ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should
there be any conflict between the terms of this instrument and the Bid Proposal of the
Contractor, then this instrument shall control and nothing herein shall be considered as an
acceptance of the said terms of said proposal conflicting herewith.
LIBRARYENTRYContract DOC 2 11/07/08
ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to
establish lines and grades for the work as specified under the Special Provisions. All labor or
materials not mentioned specifically as being done by the Citywill be supplied by the Contractor
to accomplish the work as outlined in the specifications.
ARTICLE Vill - The Contractor agrees to commence work pursuant to this contract within 15
calendar days after the City Manager has executed the contract and to diligently prosecute to
completion within 35 WORKING DAYS.
WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF
COMPLETION FOR THIS CONTRACT B REASONABLEAND THE CONTRACTOR AGREES
TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH IN SECTION 6-04.03 OF THE
SPECIAL PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE
DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date written below.
CONTRACTOR: CITY OF LODI
M
Title
(CORPORATE SEAL)
By:
Blair King
City Manager
Attest:
City Clerk
Approved As To Form
D. Stephen Schwabauer
City Attorney
OnD
LIBRARYENTRYContract.DOC 3 11107108
RESOLUTION NO. 2008-230
A RESOLUTION OF THE LODI CITY COUNCIL
AWARDING THE CONTRACT FOR LODI
PUBLIC LIBRARY ENTRY PROJECT
WHEREAS, in answer to notice duly published in accordance with law and the order of
this City Council, sealed bids were received and publicly opened on October 15, 2008, at
11:00 a.m. for the Lodi Public Library Entry project described in the specifications therefore
approved by the City Council on September 3,2008; and
WHEREAS, said bids have been checked and tabulated and a report thereof filed with
the City Manager as follows:
Bidder
Engineer's Estimate
SW Allen Construction, Inc.
Diede Construction
AMECA General Engineering
SPOSETO General Contractor
*Big B Construction
Location
Sid
$44,100.00
Sacramento
$37,244.75
Woodbridge
$37,464.25
Fairfield
$40,200.00
Union City
$56,800.00
Stockton
$31,595.88
The bid proposal from Big B Construction was submitted with a total bid cf $34,777.49. In analyzing this bid, it was
discovered that their actual total was $31,595.88. As a result of this mathematical error, Big B Construction has
requested that their bid be withdrawn.
WHEREAS, staff recommends awarding the contract for the Lodi Public Library Entry
project to the lowest responsive bidder, SW Allen Construction, Inc., of Sacramento, California.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby allow
the withdrawal of the Big B Construction bid and hereby awards the contract for the Lodi Public
Library Entry project to the lowest responsive bidder, SW Allen Construction, Inc., of
Sacramento, California, in the amount of $37,244.75.
Dated: November 19,2008
hereby certify that Resolution No. 2008-230 was passed and adopted by the Lodi City
Council in a regular meeting held November 19, 2008, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Katzakian, and
Mayor Mounce
COUNCIL MEMBERS — None
COUNCIL MEMBERS— None
COUNCIL MEMBERS— None
2008-230
&DIHL
City Clerk