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Home My WebLink AboutAgenda Report - June 16, 2010 D-11AGENDA ITEM t>**%� CITY OF LODI ,. COUNCIL COMMUNICATION ,m AGENDA TITLE: Adopt Resolution Approving One -Year Extension of Fiscal Year 2009/10 Curb, Gutter and Sidewalk Replacement Contract with Jeff Case Construction Company, of Galt, for Fiscal Year 2010/11 ($46,570) MEETING DATE: June 16,2010 PREPARED BY: PublicWorks Director RECOMMENDED ACTION: Adopt a resolution approving a one-year extension of Fiscal Year 2009/10 Annual Curb, Gutter and Sidewalk Replacement contract with Jeff Case Construction Company, of Galt, for Fiscal Year 2010/11 in the amount of $46,570. BACKGROUND INFORMATION: The Annual Curb, Gutter and Sidewalk Replacement Contract is administered by the Streets and Drainage Division. This contract provides for the replacement of damaged sidewalk at various locations as guided by the Sidewalk Replacement Program and sidewalk inventory. Jeff Case Construction Company is currently under contract to perform the above -referenced services. Section 6-04.03 of the contract allows that "by mutual agreement, the City and Contractor may enter into an agreement for an annual extension of this contract based upon the same terms and conditions set forth herein." Jeff Case Construction Company has agreed to honor the prices from the FY 2009/10 contract with no increase for FY 2010/11. Jeff Case Construction Company has provided excellent service and produced high-quality product underthe existing contract. FISCAL IMPACT: This contract reducesthe potential for trip and fall claims resultingfrom damaged or offset sidewalk panels. FUNDING AVAILABLE: Fiscal Year 2010/11 Transportation Development Act Bicycle and Pedestrian Funn:::4 46,570 Jordan Ay rs Deputy City Manager/I ernal Services anager C Q�tiL FANally Sw lin PublicWorks Director Prepared by Curtis Juran, Streets and Drainage Superintendent FWS/CJ/dsg Attachment cc: Curtis Juran, Streets and Drainage Superintendent APPROVED: Konrad Bartlam, Interim City Manager K:\WP\COUNCIL\2010\ ContractExtension_JeffCase.doc 6/3/2010 CONTRACT EXTENSION AGREEMENT 2009/2010 CURB, GUTTER, AND SIDEWALK REPLACEMENT ANNUAL CONTRACT THIS CONTRACT EXTENSION AGREEMENT, made and effective this 1st day of July, 2010, by and between the CITY OF LODI, a municipal corporation, hereinafter called "Owner'. and JEFF CASE CONSTRUCTION COMPANY, hereinafter called "Contractor." WITNESSETH: CONTRACT: Contractor and Owner, entered into the 2009/2010 Curb, Gutter, and Sidewalk Replacement Annual Contract on July 1, 2009, providing that the contract could be extended by mutual agreement of the parties. 2. TERM AND TERMS: The term of this Contract Extension Agreement shall be for a period of one (1) year, commencing immediately and terminating June 30, 2011. The Contract may be extended by mutual agreement of the parties, and with City Council approval, for an additional term as specified. All other terms and conditions will remain as set forth in the 2009/2010 Curb, Gutter, and Sidewalk Replacement Annual Contract, attached hereto as Exhibit and made a part hereof as though fully set forth herein. IN WITNESS WHEREOF, Owner and Contractor have executed this Contract Extension Agreement on ,2010. CITY OF LODI, a municipal corporation JEFF CASE CONSTRUCTION COMPANY hereinabove called "Owner" hereinabove called "Contractor' KONRADT BARTLAM, Interim City Manager Attest: RANDI JOHL, City Clerk Approved as to Form: JANICE D. MAGDICH, Deputy City Attorney tV JEFF CASE, Owner Exhibit A 2009/2010 CURB, GUTTER, and SIDEWALK REPLACEMENT ANNUAL CONTRACT 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 JEFF CASE CONSTRUCTION COMPANY, 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 The July 1992 Edition, Information to Bidders Standard Specifications, General Provisions State of California, Special Provisions Business and Transportation Agency, Bid Proposal Department of Transportation Contract 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, the Contractor agrees with the City, at Contractor's cost and expense, to do ail the work and furnish ail 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 11 - The City hereby promises and agrees with the Contractorto 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 sat forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance cf the covenants herein contained. R:lGROUP1STREETS1SIDEWALK1Annual Sidewalk Replacement Contracts & PO's12002.20101Contract42009.2010.doc 4.1 00104/2009 ARTICLE III - The Contractor agrees to conform 40 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 at 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 expanses 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 Contract Documents and the requirements of the Resident Engineer underthem, to -wit; Perform the work necessary to remove and replace curb, gutter and sidewalk in various locations throughout the City and other incidental and related work, all as shown on the plans and specifications for the above project. This is an annual unit price bid and the work will be divided into purchase orders which will usually range in price between $500 and $20,000, all as shown on the plans and specifications for "200912010 Sidewalk Repair Program and Miscellaneous Concrete Work". Rt1QItOUP1STRrzETS1SIOE•WAI.K1Nnnual Sidewalk Replacement Contracts & PO'812008.20•I01Cnntract#2009.2010.doo 4.2 owdlanoo 60OZA119 E -V COP'O&OZ-600e=a4UO3\CWZ-60oaS,od 32 =e=o3zueulaoqda8 MPMaP!S]2nU�l-IVAA3(IISXS.L33ULMdrIOM:ZI oo,00c-;,z 00.OL _is o9z AePASALJCI 18!31;DLULUOO IleISUI —E: oo-c-; (As ODE:<) 42-AA—GAIla je!jUaPjSGU JO 311'eAWp!S fj-P-�jU—j ZL oo-gzg 2 SE9 009 L -flki i- 311SAA9p!S fleISUI -9S OOE: -AP-PA-SAP(] kl 91 -P!Sei�l lo ) oo"OS;Z't'L 0-2 * 6 005L (jS AEM9Aljc[ fullueplSeE Jo )j]Waep!s flapul OL 00,009 O 'le4n!D pue qjnojepun nS40ou 6 00,00t, V2 0— Beiv ielueij ul lo memems japunke-WnS looa —9 00,0Z 0 — lapnE) pue qjno ed eLUWOO 9AOW8�j ie;4nE) pue qjno;@clA-AemeAp(3 aAowqE _L 9 00'9L Al 0 — japnE) pue qjno adA_L-1 aoqjeA 15A—owa-8 9 oo*gzz 00*0 L is AS 0 0s; jagnE) pueqlno;@dA i enbS75mwa� N18A&GP!S IE!OJZWUJOO QAOW% 9pjouo:D jjeT4d TO ifIF-Ift6PIS 9AOUJ8U —I, —Z Pun T 919JOU00 no meS I Item Description Unit Price Total 14 Install Square-TyRe Curb and Gutter 7 -inch or less 0 - 20 L 20 LF $ 30-00 $ 60€I.00 15 nstall Square -Type Curb and Gutter? -inch or less (>20 L 20 LF 25.00 500.00 16 Install Square -Type Curb and Gutter Greater than 7 -inch 0- 20 LF 20 LF 30.00 600.00 17 Square -Type Curb and Gutter Greater than 7 -inch >20 LF) 20 LF 25.00 500.00 118 Install Vertical -Type Curb and Gutter 0 - 20 L 20 LF 30.00 600.00 19 Install Vertical -Type Curb and Gutter (>20 LF) 20 LF 25.00 540.00 20 install Driveway -Type Curb and Gutter 0 - 20 LF 20 LF 30.00 600.00 21 Install Driveway -Type Curb and Gutter >20 LF 20 LF 25.00 500.00 22 install Tree Well 1 EA 350.00 358.00 23 install Furnished Side -Inlet Catch Basin Assembly 0 EA 700.00 I { 24 Install Catch Basin Barrel 0 EA 1,200.00 25 install Furnished Street Name Sign Base LF 200.00 200.00 26 Miscellaneous Concrete Saab rade Com action s0 LF 2.95 147.50 f 27 Move -In Cost for Jobs <$200 2 FA 250.00 1 500.00 TOTAL BI® 1 $ 46,670.00 RAGROt1PWREETS4SIDEWALKAnnual Sidewalk Replacement Contracts & PO5520o9-20101Contmct,2009-2010.doc 4.4 6/4/2009 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 accordancewith the provisions of that code, and I will comply with such provisions before commencing the performance cf 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 and to establish lines and grades for the work as specified under tho Special Provisions. All labor or materials not mentioned specificallyas being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract as directed by the City during the 2009/2090 fiscal year, R:ICROUP\STREETS1SIDEWALK\Annual Sidewalk Replacement Contracts & PO's12009.20101Contmct#2000.2010.doe 4.6 6!9/2009 WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND 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 WI--IEREOI!', the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: By: t (("s Jill f Title (CORPORATE SEAL) CITY OF LODI By: Blair King City Manager 4 — c' Date: At Ran ,lohl City Clerk Approved as to form: D. Stephen) Schwabouer Gity A -ttorney "'Idpwalk Rep!"Acemont Contracts FA 4.6 0111/2009 RESOLUTION NO. 2010-92 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING ONE-YEAR EXTENSION OF 2009/10 ANNUAL CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT WITH JEFF CASE CONSTRUCTION COMPANY FOR FISCAL YEAR 2010/11 WHEREAS, the Annual Curb, Gutter, and Sidewalk Replacement Contract is for replacement of existing damaged sidewalk locations as guided by the sidewalk replacement program and sidewalk inventory; and WHEREAS, Jeff Case Construction Company, of Galt, California, is the company currently under contract; and WHEREAS, Section 6-04.03 of the contract allows that "by mutual agreement, the City and Contractor may enter into an agreement for an annual extension of this contract based upon the same terms and conditions set forth herein"; and WHEREAS, Jeff Case Construction Company has agreed to honor the prices from the 2009/10 contact with no increase for the 2010/11 fiscal year and has provided excellent service and a very good product during the existing contract. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve a one-year extension of the 2009/10 Annual Curb, Gutter, and Sidewalk Replacement Contract with Jeff Case Construction Company, of Galt, California, in the amount of $46,570. Dated: June 16,2010 ------------------------------------------------------------------- ................................................................... hereby certify that Resolution No. 2010-92 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 16, 2010, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, and Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— Mayor Katzakian ABSTAIN: COUNCIL MEMBERS— None &JOHIL City Clerk 2010-92