HomeMy WebLinkAboutAgenda Report - October 4, 2016 B-01 SMAGENDA ITEM B"l
&IM CITY OF LODI
• COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Rejecting Low -Bid as Non -Responsive and Awarding Contract for
2016 Downtown Concrete Cleaning to City Wide Property Service, Inc., of
Sacramento ($19,980)
MEETING DATE: October 4, 2016
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution rejecting low -bid as non-responsive and awarding
contract for 2016 Downtown Concrete Cleaning to City Wide Property
Service, Inc., of Sacramento, in the amount of $19,980.
BACKGROUND INFORMATION: In 1998, the City's Central City Revitalization Improvement Project
installed yellow colored concrete on School Street from Lodi Avenue
to Locust Street. As part of the maintenance, the colored concrete
should be cleaned periodically. The last time the sidewalk was cleaned was in the spring of 2015.
This project will remove debris and pressure wash the yellow concrete bands and spot clean the paver
areas along School Street between Lodi Avenue and Locust Street. The project will also include the large
concrete Sun located in Elm Street between School and Sacramento Streets. The work will include wash
water containment and disposal in order to comply with State storm water requirements. The work will be
done at night in order to minimize business interruptions. It is intended to complete this work prior to the
holiday season.
The specifications for this project were approved on September 7, 2016. The City received the following
two bids for this project on September 21, 2016.
Bidder Location Bid
Engineer's Estimate $ 18,000
Fleetwash, Inc. Manteca $ 14,950
City Wide Property Services Sacramento $ 19,980
Staff review all bids submitted. The low bid received by Fleetwash, Inc. was determined to be non-
responsive since the contractor was not registered with the Department of Industrial Relations, pursuant to
Labor Code Section 1725.5, prior to submitting the bid. For this reason, staff recommends awarding
contract for 2016 Downtown Concrete Cleaning to City Wide Property Service, Inc., of Sacramento, in the
amount of $19,980.
FISCAL IMPACT: There will be minimal long-term fiscal impact associated with this project.
APPROVED:
ephen ScWabaur, City Manager
KAWP\PROJECTS\STREETS\Downtown Concrete Cleaning Project\2016 Project\CAward.doc 9/26/16
Adopt Resolution Rejecting Low -Bid as Non -Responsive and Awarding Contract for 2016 Downtown Concrete Cleaning to City Wide Property Service, Inc., of
Sacramento ($19,980)
October 4, 2016
Page 2
FUNDING AVAILABLE: This project will be funded by the Streets Fund (30099000.77020).
Jv Ay®rs
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/tdb
Attachment
cc: Utilities Manager
K:\WP\PROJECTS\STREETS\Downtown Concrete Cleaning Project\2016 Project\CAward.doc 9/26116
2016 DOWNTOWN CONCRETE CLEANING
School Street, Lodi to Locust 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 CITY WIDE PROPERTY SERVICE, 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
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, 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
CONTRACT City Wide.doc 4.1 09/21/16
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:
Perform the work necessary to power wash the yellow concrete curb, gutter and
sidewalks in the downtown area and the Elm Street Center Paving (concrete sun).
Heated water shall be used and all washing water shall be collected and properly
disposed of. Major stains on adjacent paver areas shall also be cleaned. This work
includes protecting the adjacent structures, street furniture, and pavers, and other
incidental and related work, all as shown on the plans and specifications for the above
project.
For additional bid item descriptions refer to Section 6-07 "Description of Bid Items" and
Exhibits A, B, C, D and E.
CONTRACT ITEMS
Item
Description
Qty
Unit
Total
1
Power Wash Decorative Concrete
1
LS
$18,580.00
2
Paver Spot Cleaning
1000
SF
$1,400.00
TOTAL $19,980.00
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 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.
CONTRACT City Wide doc 4.2 09/21/16
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 14 CALENDAR DAYS.
ARTICLE IX - State of California Senate Bill 854 requires the following:
No contractor or subcontractor may be listed on a bid proposal for a public works
project unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5 [with limited exceptions from this requirement for bid
purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
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.
CONTRACTOR: CITY OF LODI, a municipal corporation
M
STEPHEN SCHWABAUER
City Manager
By: Date:
Title
Attest:
JENNIFER M. FERRAIOLO
City Clerk
(CORPORATE SEAL) Approved As To Form:
JANICE D. MAGDICH
City Attorney
CONTRACT City Wide.doc 4.3
09/21/16
RESOLUTION NO. 2016-176
A RESOLUTION OF THE LODI CITY COUNCIL
REJECTING LOW -BID AS NON-RESPONSIVE AND
AWARDING CONTRACT FOR 2016 DOWNTOWN
CONCRETE CLEANING TO CITY WIDE PROPERTY
SERVICES, INC., OF SACRAMENTO
WHEREAS, this project consists of removing debris and pressure -washing the yellow
concrete bands and spot cleaning the paver areas along School Street between Lodi Avenue
and Locust Street. The project will also include the large concrete sun located in Elm Street
between School and Sacramento Streets. The work will include wash water containment and
disposal in order to comply with State storm water requirements; and
WHEREAS, in answer to notice duly published in accordance with law and the order of
this City Council, sealed proposals were received and publicly opened on September 21, 2016,
at 11:00 a.m., for the 2016 Downtown Concrete Cleaning Project, described in the specifications
therefore approved by the City Council on September 7, 2016; and
WHEREAS, said bid has been checked and tabulated and a report thereof filed with the
City Manager as follows:
Bidder Bid
Fleetwash, Inc. $14,950
City Wide Property Services $19,980
WHEREAS, the low bid received by Fleetwash, Inc., was determined to be non-
responsive since the contractor was not registered with the Department of Industrial Relations,
pursuant to Labor Code Section 1725.5, prior to submitting the bid; and
WHEREAS, staff recommends awarding the contract for 2016 Downtown Concrete
Cleaning to City Wide Property Services, Inc., of Sacramento, in the amount of $19,980.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject
the low -bid as non-responsive; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby award the contract
for 2016 Downtown Concrete Cleaning to City Wide Property Services, Inc., of Sacramento,
California, in the amount of $19,980; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract on behalf of the City.
Dated: October 4, 2016
I hereby certify that Resolution No. 2016-176 was passed and adopted by the City
Council of the City of Lodi in a special meeting held October 4, 2016 by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
4JNIFER FERRAIOLO
City Clerk
2016-176