HomeMy WebLinkAboutAgenda Report - March 17, 2010 J-05AGENDA ITEM
CITY OF LODI
,. COUNCIL COMMUNICATION
,M
AGENDA TITLE: Adopt Resolution Awarding Contract for the Central Plume PCE/TCE Remedial
Measures Project to Diede Construction, Inc., of Woodbridge ($1,758,672.42)and
Appropriating Funds ($2,000,000)
MEETING DATE:
PREPARED BY:
March 17, 2010
Public Works Director
RECOMMENDED ACTION: Adopt a resolution awarding the contract for the Central Plume
PCE/TCE Remedial Measures Projectto Diede Construction, Inc.,
of Woodbridge, in the amount of $1,758,672.42 and appropriating
funds in the amount of $2,000,000.
BACKGROUND INFORMATION: This project consists of design, construction, operation and
maintenance of a groundwater extraction and treatment system and a
soil vapor extraction and treatment system. The Central Plume
Source Area is bounded by Pine Street and Oak Street and
Church Street and Pleasant Avenue. The project includes two groundwater extraction wells, nine soil
vapor extraction well sites (18 wells), three monitoring well sites (six wells), an approximately 600 -square -
foot treatment facility, electrical and control wiring, associated utility piping and site improvements; and all
other associated work needed and described in the project RFP documents, plans (drawings) and
specifications. Nine firms were prequalified to bid on this project. This project will be approved by the
Regional Water Quality Control Board in the very near future.
Plans and specifications for this project were approved on May 6, 2009. The City received the following
three bids for this project on February 23, 2010.
Bidder
Engineer's Estimate
Diede Construction
Engineering/Remediation Resources Group
*LFR/Arcadis (non-responsive bid)
Location Bid
$1,216,000.00
Woodbridge $1,758,672.42
Martinez $3,443,666.00
Emeryville $1,367,542.00
*The LFR/Arcadis bid included a "Bid Clarification" letter and has been determined to be non-responsive
by the City Attorney. A city is required to reject a bid as non-responsive when the response: 1) affects
the amount of the bid; 2) gives a bidder an advantage over others; 3) provides a potential vehicle for
favoritism; 4) might cause other potential bidders to refrain from bidding; or 5) affects the ability to make
bid comparisons (Ghillotti v City of Richmond (1996) 45 Cal.AppAth 897). Arcadis' clarifications give
them an advantage, affect the amount of the bid and affect bid comparisons because they are saying
they will not provide services required in the bid package.
Staff is recommendingthe appropriation of $2,000,000to cover construction costs, operating costs for
two years, testing and inspection, City staff time, and contingencies.
APPROVED:
t
Blair King, nager
K:\WP\PROJECTS\WATER\PCE,TCE\ExtractTreatSystem\CAward Central PlumelRM.dac
3/11/2010
Adopt Resolution Awarding Contract for the Central Plume PCE/TCE Remedial Measures Project to
Diede Construction, Inc., of Woodbridge ($1,758,672.42) and Appropriating Funds ($2,000,000)
March 17, 2010
Page 2
The Community Development Director has determined the project is categorically exempt under the
California Environmental Quality Act pursuant to Section 15330, Class 30.
FISCAL IMPACT: Capital and Operations funding for these facilities was anticipated in the
current water rate.
FUNDING AVAILABLE: Requested Appropriation:
Central Plume Settlement Funds (190) $2,000,000
Jordan Ayers
Deputy City Manager/Internal Services Director
W'
F. Wally S ndelin
Public Works Director
Prepared by Gary Wiman, Construction Project Manager
FWS/GW/pmf
cc: CityAttorney
Purchasing Officer
ManagementAnalyst Areida-Yadav
K:\WP\PROJECTS\WATER\PCE,TCE\ExtractTreatSystem\CAward Central PlumelRMAOC 3/9/2010
City of Lodi
Central Plume PCE/TCE Interim Remedial Measures Improvements 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 DIEDE 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:
Request for Design/Build Proposal
Bridging Documents
Bid Proposal (Contractor Provided Schedule of Values)
Special Provisions
Contract
Contract Bonds
1. Project Engineer Drawings:
SVG -1
EW G-1
SVC -1
EW C-1
SV c-2
EW C-2
SVM -1
EW M-1
SV M-3
EW M-2
SV M-4
EW M-3
S V E-1
EW M-4
EWE -1
Addenda
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, furnish all labor 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.
CITY OF LODI PAGE 1
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 Clauses 65 and 66 Special Conditions, 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 III - 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, 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:
TOTAL CONTRACT AMOUNT
Guaranteed Maximum Price $1,758,672.42*
*Exhibit A is the Schedule of Values from Contractor dated February 23,2010.
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.
ARTICLE VII - The City is to furnish the necessary rights-of-way and easements for the work as
specified under the Special Provisions. All labor or materials not mentioned specifically as being done
by the City will be supplied by the Contractor to accomplish the work as outlined in the documents,
ARTICLE VIII — The Contractor agrees to commence work pursuant to this contract and to diligently
prosecute to completion in accordance with the following schedule:
1. Complete design and submission of plans to the City of Lodi Building Department within 120 calendar
days after the Notice to Proceed;
2. Complete construction 90 calendar days after the date of the City of Lodi Building Permit issuance.
3. Total Construction Project (excluding Building Department Permit Review): 225 calendar days.
4. The Operations and Maintenance (O& M) period shall be 365 calendar days from date of City Council
Acceptance of the project. O & M Term may be renewed annually as stated in the documents.
CITY OF LODI PAGE 2
When signing this contract, the Contractor agrees that the times of completion for this contract are
reasonable, that failure to meet the milestones completion shall result in the assessment of liquidated
damages charges to the Contractor, and that the Contractor agrees to pay the City liquidated damages of
$1,000.00 per day for each day the work is not totally completed beyond the times specified in the
preceding paragraph. 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
Title
(CORPORATE SEAL)
By:
Blair King, City Manager
Date:
Attest:
Randi Johl, City Clerk
Approved as to form:
D. Std en Schwabauer, City Attorney
CITY OF LODI PAGE 3
Part A, Section 3, Schedule of Values
Item I Description
Oty I
Unit
Unit Price
Total Reference
1 Design
1
LS
$12,750.00
$12,750.00
2 Bonds and insurance
1
LS
$53,225.64
$53,25.64
3 Overhead
1
LS
$71,539.74
$71,539.74
4 Construction Mobilization
1
LS
$2,121.60
$2,121.60
5 Construction Supervision
1
LS
$35,769.36
$35,769.36
6 Health And Safely
1
LS
$1,452.48
$1,452.48 6-146
7 Erosion Control
1 I
LS1
$6,834.00
$6,834.001
8 GroundwaterExtraction Well Location
1 21
Eachl
$51.379.44
$102,758.8816-165. Details 1.2 and 3 on EW M-2
1 A Liquid System GranularActivated Carbon GAC 36,0001 Pound 2.701 $97,200.0016-153
14 Vanor Svstem GranularActivated Carbon (GAC) 196.0001 Pound 3.3 $323.520.0016-153
1 171 Groundwater Treatment System Facility Materials!& Equipment
181 Soil Vapor Treatment System Facility Materials & Equipment
___1 I
1
LS`
LS
$132,589.801
$269,157.60$269,157.6016-160,
$132,589.806-144 Drawings EW C-2 and EW M-1
Drawings SV C-1 and SV M-1
1 Start-up and Operations and Maintenance Manual
11
ILSI
$5,033.701
$5,033.7016-147
A Wada nicnncal (Knncknut Drum Watar)
0001
Clalloril
2.041
$2.040.0016-161
21 Controlled Density Fill
500
Cubic
Yard
84.66
$42,380.00 6-19.02 and 6-19.07
22 Asphalt Paving
200
Ton
71.40
$14,280.00 6-39.01 & 6-39.04
23 Electrical
1
LS
$8,670.00
$8,670.00 6-168
24 Year 1 Operation, Maintenance, Sampling and Reporting
12
Month
7,562.54
$90,750.48 RWQCB and SJVAPCD Requirements
25 All other items needed for a complete and o erational System
1
LS
$312,111.84
$312,1+11.84
26 Profit
1
LS
$17,872.44
$17,872.44
Total Guaranteed Maximum Price
Total of above items 1 - 26. This amount
on RFP Part B a_
$1,758,672.42 Maximum Price.
Y2-1 Year 2 Operation, Maintenance Sampling and Reporting
12
Month
4,080.00
$48,960.00
6-145, 6-148, 6-149, 6-150, 6-162 and
RWQCB and SJVAPCD Requirements
Y2-2 Liquid System GranularActivated Carbon GAC
36,000
Pound
3.23
$116,280.00
6-153
Y2-3 Val2or System GranularActivated Carbon GAC
96,000
Pound
4.06
$389,760.00
6-153
Y2-4 Waste Disposal Knockout Drum Water
1,000
Gallon
3.87
$3,870.00
6-161
Total Year 2 Operation, Maintenance Sampling and Reporting
Total of items is amount, divided
12, should be the same amount entered on RFP
$558,870.001 Part B as the Year 2 Monthlycost.
Diede Construction, Inc.
Signature Date Firm
Design and Construction of the Central Plume PCE/TCE Interim Remedial
Measures Improvements Project
SUBCONTRACTOR'S LIST
Name/Address Portion of Work License Number
RESOLUTION NO. 2010-36
A RESOLUTION OF THE LODI CITY COUNCIL AWARDING CONTRACT
FOR CENTRAL PLUME PCE/TCE REMEDIAL MEASURES PROJECT
AND FURTHER APPROPRIATING FUNDS
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 February23, 2010, at
2:00 p.m. for the Central Plume PCE/TCE Interim Remedial Measures Project, described in the
plans and specifications therefore approved by the City Council on May 6, 2009; and
WHEREAS, said bids have been checked and tabulated and a report thereof filed with
the City Manager as follows:
Bidder Bid
Diede Construction $1,758,672.42
Engineering/Remediation Resources Group $3,443,666.00
LFR/Arcadis (non-responsive bid) $1,367,542.00
WHEREAS, the LFR/Arcadis bid included a "Bid Clarification" letter and has been
determined to be non-responsive by the City Attorney; and
WHEREAS, staff recommends awarding the contract for the Central Plume PCERCE
Interim Remedial Measures Project to the low bidder, Diede Construction, Inc., of Woodbridge,
California; and
WHEREAS, staff is recommending the appropriation of $2,000,000 to cover construction
costs, testing and inspection, City staff time, and contingencies.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award
the contract for the Central Plume PCERCE Interim Remedial Measures Project to the low
bidder, Diede Construction, Inc., of Woodbridge, California, in the amount of $1,758,672.42; and
BE IT FURTHER RESOLVED that funds in the amount of $2,000,000 be appropriated
from Central Plume Settlement Funds.
Dated: March 17, 2010
I hereby certify that Resolution No. 2010-36 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 17, 2010, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RANDI JOHL
City Clerk
2010-36