HomeMy WebLinkAboutAgenda Report - January 18, 2012 C-06AGENDA ITEM C04010
.tOF�CITY OF LODI
COUNCIL COMMUNICATION9<IFOR�
AGENDA TITLE: Adopt Resolution Rejecting Non -Responsive Bid, Authorizing City Managerto
Execute Contract for City of Lodi Facility Painting Project with OnPoint Construction,
of Millbrae ($53,140), and Appropriating Funds ($23,584)
MEETING DATE: January 18,2012
PREPARED BY: PublicWorks Director
RECOMMENDED ACTION: Adopt resolution rejecting non-responsive bid, authorizing
City Managerto execute contract for City of Lodi facility painting
project with OnPoint Construction, of Millbrae, in the amount of
$53,140, and appropriating funds in the amount of $23,584.
BACKGROUND INFORMATION: This project consists of various painting needs and some minor
repair work at various City facilities. Locations include two trailers
and the equipment bays located at the Municipal Service Center,
Fire Station No. 4, City Hall, and the Carnegie Forum.
Specifications for this project were approved on November 16, 2011. The City received the following
14 bids for this project on December 14, 2011.
Bidder
Location
Bid
Engineer's Estimate
$60,100
Pro -Ex Painting & Decorating
Mather
$41,333
OnPoint Construction
Millbrae
$53,140
Michael Watson Painting
Chico
$55,478*
Color New Company
Woodland Hills
$55,500
Tony Painting
Garden Grove
$57,850
Seven Island Painting
Daly City
$58,000
Northern California Painting
Penryn
$58,350
River City Painting
Sacramento
$58,350
A & A Painting
San Jose
$59,891
Bella Painting
Fairfield
$69,950
Affordable Painting Service
Sacramento
$71,500
Pacific Painting Company
Northridge
$78,000
BA Painting
West Sacramento
$78,900
TPA Construction
Rocklin
$85,410
*Corrected Total
Pro -Ex Painting & Decorating (Pro -Ex) is the apparent low bidder. However, Pro -Ex has a probationary
contractors' license pursuant to Business and Professions Code Section 7073. Section 7073 allows the
Contractors' License Board to deny a license or in its discretion issue a probationary license to
APPROVED:
Konradt Bartlam, City Manager
K:IWP\PROJ ECTS V ISCtFacilityPainting\CAward. doc
1/3/2012
Adopt Resolution Rejecting Non -Responsive Bid, Authorizing City Managerto Execute Contractfor City
of Lodi Facility Painting Projectwith OnPoint Construction, of Millbrae ($53,140), and Appropriating
Funds ($23,584)
January 18,2012
Page 2
contractors who fall within the proscriptions of Business and Professions Code Section 480. Section 480
only allows a denial or probation for a "crime or act [that] is substantially related to the qualifications,
functions or duties of the business or profession for which application is made." Cities may reject an
apparent low bidder upon a finding that the apparent low bidder is not responsible (Public Contracts
Code Section 1103). A responsible bidder is one who has "demonstrated the attribute of trustworthiness,
as well as quality, fitness, capacity, and experience to satisfactorily perform the work. Pro -Ex, having
committed a crime or act in connection with its contractor's license that violates the Contractors' License
law, could be found non -responsible. After consulting with the City Attorney, staff recommends rejecting
the Pro -Ex bid and awarding the contract to the second low bidder, OnPoint Construction.
FISCAL IMPACT: This projectwill preventfurther damage to City facilities.
FUNDING AVAILABLE: This projectwill use the following funds:
Electric Utility Administration (160601)
$3,575
Water Operating (170401)
$6,555
Wastewater Operating (180451)
$6,555
Streets Operating (3215011)
$4,767
Building Maintenance (103511)
$8,360
General Fund Capital (1211)
$5,060
Requested Appropriation:
Transit Facilities Upgrades (125179) $8,184
Streets Capital (320) $15,400
Total (including contingency): $58,456
Jord ers
Deputy City Manager/Internal Services Director
ou�
F. Wally Sandelin
Public Works Director
Prepared by John Munoz, Facilities Supervisor
FWS/JM/pmf
cc: CharlieSwimley, Deputy PublicWorks Director— Utilities
Elizabeth Kirkley, Electric Utility Director
Pro -Ex Painting& Decorating
OnPoint Construction
K:\WP\PROJECTS\MISC\FacilityPainting\CAward.doc 1/4/2012
CITY OF LODI
FACILITY PAINTING PROJECT
CITY OF LODI, CALIFORNIA
CONTRACT
THIS CONTRACT made by and between the CITY OF LODI, State of California, herein
referred to as the "City," and ONPOINT CONSTRUCTION, 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 1992 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 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.
Contract.DOC 1 12115111
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:
Perform the work necessary to complete the painting of various City facilities at seven different
locations throughout the City, including various painting needs and some minor repair work, as
shown on the exhibits and described in this specification, and other incidental and related work,
all as shown on the plans and specifications for the City of Lodi Facility Painting Project.
CONTRACT ITEMS
ITEM
EST'D.
NO.
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
1
Site No. 1
LS
1
$ 3,250.00
$ 3,250.00
2.
Site No. 2
LS
1
$ 3,250.00
$ 3,250.00
3.
Site No. 3
LS
1
$ 13,000.00
$13,000.00
4.
Site No. 4
LS
1
$ 7,440.00
$ 7,440.00
5.
Site No. 5
LS
1
$ 7,600.00
$ 7,600.00
6.
Site No. 6
LS
1
$ 4,600.00
$ 4,600.00
7.
Site No. 7
LS
1
$ 14,000.00
$14,000.00
TOTAL
$53,140.00
The Contractor's attention is directed to Section 8-1.05 "Temporary Suspension of Work" of the
Standard Specifications. It is the City's intention to delay start of work until weather conditions
are suitable.
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
Contract.DOC 2 12/15/11
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 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 specifications.
ARTICLE VIII - 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 60 WORKING DAYS.
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 WHEREOF, the parties to these presents have hereunto set their hands the year
and date written below.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date written below.
CONTRACTOR: CITY OF LODI
By:
Konradt Bartlam
City Manager
By: Date:
Attest:
Title
City Clerk
(CORPORATE SEAL) Approved As To Form
D. Stephen Schwabauer
CityM'e Y
Contract. DOC 3 12/15/11
1. AA#
2. JV#
TO: Internal Services Dept. - Budget Division
3. FROM: Rebecca Areida-Yadav 15. DATE: 01/04/2012
4. DEPARTMENT/DIVISION: Public Works
B.
USE OF
FINANCING
REQUEST IS MADE TO FUND THE FOLLOWING PROJECT i NOT INCLUDED IN THE CURRENT BUDGET
'lease provide a description of the project, the total cost of the project, as well as justification for the
equested adjustment. If you need more space, use an additional sheet and attach to this form.
;ontract with OnPoint Construction for the facility painting project.
Council has authorized the appropriation adjustment, complete the following
leeting Date Res No Attach copy of resolution to this form
)epartment Head Signature
8. APPROVAL SIGNATURES
Deputy Cit Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation
Final approval will be provided in electronic copy format.
FUND#
BUS. UNIT# I ACCOUNT# I ACCOUNT TITLE
AMOUNT
A.
1211
1211000 1820 Capital Pro'ects - New
$
5,060.00
SOURCE OF
320
3205 Fund Balance
$
15 400.00
FINANCING
1250
5493 TDA
$
8,184.00
B.
USE OF
FINANCING
REQUEST IS MADE TO FUND THE FOLLOWING PROJECT i NOT INCLUDED IN THE CURRENT BUDGET
'lease provide a description of the project, the total cost of the project, as well as justification for the
equested adjustment. If you need more space, use an additional sheet and attach to this form.
;ontract with OnPoint Construction for the facility painting project.
Council has authorized the appropriation adjustment, complete the following
leeting Date Res No Attach copy of resolution to this form
)epartment Head Signature
8. APPROVAL SIGNATURES
Deputy Cit Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2012-02
A RESOLUTION OF THE LODI CITY COUNCIL
REJECTING NON-RESPONSIVE BID,
AWARDING CONTRACT FOR CITY OF LODI
FACILITIES PAINTING PROJECT, AUTHORIZING
THE CITY MANAGER TO EXECUTE CONTRACT
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 December
14, 2011, at 11:00 a.m., for the City of Lodi Facilities Painting Project, described in the
specifications therefore approved by the City Council on November 16, 2011; and
WHEREAS, said bids have been checked and tabulated and a report thereof
filed with the City Manager as follows:
Bidder
Bid
Pro -Ex Painting & Decorating
$
41,333
OnPoint Construction
$
53,140
Michael Watson Painting
$
55,478*
Color New Company
$
55,500
Tony Painting
$
57,850
Seven Island Painting
$
58,000
Northern California Painting
$
58,350
River City Painting
$
58,350
A & A Painting
$
59,891
Bella Painting
$
69,950
Affordable Painting Service
$
71,500
Pacific Painting Company
$
78,000
BA Painting
$
78,900
TPA Construction
$
85,410
*Corrected Total
WHEREAS, Pro -Ex Painting & Decorating, the apparent low bidder, has a
probationary contractors' license pursuant to Business and Professions Code Section
7073. Section 7073 allows the Contractors' License Board to deny a license or in its
discretion issue a probationary license to contractors who fall within the proscriptions of
Business and Professions Code Section 480. Section 480 only allows a denial or
probation for a "crime or act [that] is substantially related to the qualifications, functions
or duties of the business or profession for which application is made." Cities may reject
an apparent low bidder upon a finding that the apparent low bidder is not responsible
(Public Contracts Code Section 1103). A responsible bidder is one who has
"demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and
experience to satisfactorily perform the work; and
WHEREAS, staff recommends rejectingthe non-responsive bid and awarding the
contract for the City of Lodi Facilities Painting Project to the lowest responsive bidder,
OnPoint Construction, of Millbrae, California, in the amount of $53,140.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
reject the non-responsive bid and award the contract for the City of Lodi Facilities
Painting Project to the lowest responsive bidder, OnPoint Construction, of Millbrae,
California, in the amount of $53,140; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute the contract; and
BE IT FURTHER RESOLVED that funds in the amount of $23,584 be
appropriated from the Transit Facilities Upgrade Fund and the Streets Capital Fund for
this project.
Dated: January 18, 2012
-------------------------------------------------------------------
-------------------------------------------------------------------
I hereby certify that Resolution No. 2012-02 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 18, 2012, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS —Johnson
ABSTAIN: COUNCIL MEMBERS— None
&J10HL
City Clerk
2012-02
CITY COUNCIL
JOANNE L. MOUNCE, CITY O F L O D I
ALAN NAKANISHINISHI,
Mayor Pro Tempore PUBLIC WORKS DEPARTMENT
LARRY D. HANSEN
BOBJOHNSON CITY HALL, 221 WEST PINE STREET
PHILKATZAKIAN P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
January 12,2012
Pro -Ex Painting and Decorating OnPoint Construction
4602 Excelsior Road 8 Seville Court
Mather, CA 95055 Millbrae, CA 94030
KONRADT BARTLAM
City Manager
RANDIJOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Adopt Resolution Rejecting Non -Responsive Bid, Authorizing City Managerto
Execute Contract for City of Lodi Facility Painting Project with
OnPoint Construction, of Millbrae ($53,140) and Appropriating Funds ($23,584)
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, January 18, 2012. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliverthe letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately priorto the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call John Munoz,
Facilities Supervisor, at (209) 333-6800, extension 2692.
J F. Wally Sandelin
Public Works Director
FWS/pmf
Enclosure
cc: City Clerk
NCAWARD.DOC