Loading...
HomeMy WebLinkAboutAgenda Report - December 21, 2016 C-04TM CITY OF LODI COUNCIL COM MUNICATION AGENDA ITEM AGENDA TITLE: Adopt Resolution Rejecting Low Bid as Non -Responsive and Awarding Contract for Hutchins Street Square North Entrance Americans with Disabilities Act Improvements to A.M. Stephens Construction Company, Inc., of Lodi ($118,529) MEETING DATE: December 21, 2016 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution rejecting low bid as non-responsive and awarding contract for Hutchins Street Square North Entrance Americans with Disabilities Act Improvements to A.M. Stephens Construction Company, Inc., of Lodi, in the amount of $118,529. BACKGROUND INFORMATION: Hutchins Street Square is a community event center that offers entertainment, classes, and facility rentals to the local Lodi community. The existing concrete access ramp at the building's north entrance does not comply with the Americans with Disabilities Act (ADA). This project consists of removing the existing concrete ramp at the north entrance of the building and replacing it with a new, concrete, ADA -compliant ramp, along with new stairs for general public access. Three parking stalls will be removed to install two concrete, ADA -compliant parking stalls with appropriate signage and striping. A new crosswalk will be striped in the existing asphalt and new concrete sidewalk will join the existing sidewalk to the new access ramp. The specifications for this project were approved on August 17, 2016. The City received the following five bids for this project on November 16, 2016. Bidder Location Bid Engineer's Estimate $98,000.00 United Pavement Maintenance, Inc. Hughson $106,457.00 A.M. Stephens Construction Co., Inc. Lodi $118,529.00 Breneman, Inc. Concord $119,977.00 FBD Vanguard Construction, Inc. Livermore $139,397.00 Richard Townsend Construction, Inc. Oakdale $155,551.00 Staff reviewed all bids. The low bid submitted by United Pavement Maintenance, Inc. was determined to be non-responsive since the Secretary of State indicated the corporation under which United Pavement Maintenance, Inc. conducted business was suspended as of the time of the bid opening on November 16, 2016. Revenue and Taxation Code, Section 23301 states that a suspended corporation has no corporate powers rights and privileges. Accordingly, a suspended corporation such as United Pavement Maintenance, Inc. lacks the power to contract and cannot lawfully execute a contract without having been issued a certificate of reviver. For this reason, staff recommends awarding contract for Hutchins Street Square North Entrance ADA Improvements to A.M. Stephens Construction Company, Inc., of Lodi, in the amount of $118,529. APPROVED: Oh :'im• en Schvv, City Manager K:\WP\PROJECTS\MISC\HSS North Entrance ADA\Council Communications\HSS N Entrance CAward.doc 12/12/16 Adopt Resolution Rejecting Low Bid as Non -Responsive and Awarding Contract for Hutchins Street Square — North Entrance Americans with Disabilities Act Improvements to A.M. Stephens Construction Company, Inc. of Lodi ($118,529) December21, 2016 Page 2 FISCAL IMPACT: Completing the project reduces the City's exposure to ADA claims. FUNDING AVAILABLE: This project will be funded by the Community Development Block Grant. S san Bjork Supervising Budget Analyst Charles E. Swimtey, Jr. Public Works Director Prepared by Kimberly Sobin, Assistant Engineer CES/KS/tdb Attachment cc City Attorney Deputy Public Works Director/ City Engineer Neighborhood Services Manager PW Management Analyst, Yadav A.M. Stephens Construction, Inc. K:\WP\PROJECTSVIAISC\HSS North Entrance ADA\Council Communications\HSS N Entrance CAward.doc 12/12/16 HUTCHINS STREET SQUARE NORTH ENTRANCE ADA IMPROVEMENTS 125 S. HUTCHINS STREET 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 A. M. STEPHENS CONSTRUCTION COMPANY, 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 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. CONTRACT doc 4.1 11/17/16 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: Perform the work necessary to provide all labor, materials and equipment to remove existing concrete ramp, concrete sidewalk, asphalt parking stalls, planting and irrigation. The Contractor shall also provide all labor, materials and equipment to install one ADA accessible ramp with low wall and handrails, stairs with handrails, topiary bases, concrete sidewalk, two accessible concrete parking stalls, associated signage and striping, and other incidental and related work, all as shown on the plans and specifications for "Hutchins Street Square North Entrance ADA Improvements." ITEM NO. DESCRIPTION 1. Clearing and Grubbing 2 Sawcut and Remove Concrete and Pavement 3. Grading and Compaction 4 Install Wastewater Cleanout Cover and Box CONTRACT ITEMS EST'D. UNIT QTY UNIT PRICE TOTAL PRICE LS 1 $2,000 $2,000 LS 1 $9,000 $9,000 LS 1 $15,850 $15,850 EA 1 $200 $200 Construct Ramp including adjacent Walls and Railings LS 1 $29,010 $29,010 CONTRACT doc 4.2 11117116 ITEM NO. DESCRIPTION 6. Construct Stairs, Railing and Low Wall 7. Construct Concrete Walkway 8. Construct Concrete Parking Stalls 9. Truncated Domes 10. 14 -Inch Asphalt Concrete Transition 11. Signage and Striping 12. Construct Topiary Base Stands 13. Landscape and Irrigation Improvement EST'D. UNIT QTY UNIT PRICE TOTAL PRICE LS 1 $29,935 $29,935 SF 795 $8 $6,360 SF 640 $9 $5,760 SF 84 $46 $3,864 LF 54 $50 $2,700 LS 1 $2,050 $2,050 EA 5 $500 $2,500 LS 1 $9,300 $9,300 TOTAL BID $118,529 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 doc 4.3 11/17/16 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 30 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. CONTRACT.doc 4.4 11/17/16 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 By: STEPHEN SCHWABAUER City Manager By. Date. Attest: Title JENNIFER M. FERRAIOLO City Clerk (CORPORATE SEAL) Approved As To Form: CONTRACT doc JANICE D. MAGDICH City Attorney 4.5 11/17/16 RESOLUTION NO. 2016-217 A RESOLUTION OF THE LODI CITY COUNCIL REJECTING THE LOW BID AS NON-RESPONSIVE AND AWARDING THE CONTRACT FOR THE HUTCHINS STREET SQUARE NORTH ENTRANCE AMERICANS WITH DISABILITIES ACT (ADA) IMPROVEMENTS PROJECT TO A.M. STEPHENS CONSTRUCTION COMPANY, INC., OF LODI WHEREAS, this project consists of removing the existing concrete ramp at the north entrance of the building and replacing it with a new, concrete, ADA -compliant ramp, along with new stairs for general public access. Three parking stalls will be removed to install two concrete ADA -compliant parking stalls with appropriate signage and striping. A new crosswalk will be striped in the existing asphalt, and new concrete sidewalk will join the existing sidewalk to the new access ramp; 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 November 16, 2016, at 11:00 a.m., for the Hutchins Street Square North Entrance Americans with Disabilities Act Improvements Project described in the plans and specifications therefore approved by the City Council on August 17, 2016; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder Bid United Pavement Maintenance, Inc. $106,457 A.M. Stephens Construction Company, Inc. $118,529 Breneman, Inc. $119,977 FBD Vanguard Construction, Inc. $139,397 Richard Townsend Construction, Inc. $155,551 WHEREAS, the low bid submitted by United Pavement Maintenance, Inc., was determined to be non-responsive since the Secretary of State's records show that the corporation under which United Pavement Maintenance, Inc., conducted business was suspended as of the time of the bid opening on November 16, 2016; and WHEREAS, staff recommends rejecting the low bid of United Pavement Maintenance, Inc., as non-responsive and awarding the contract for the Hutchins Street Square North Entrance Americans with Disabilities Act Improvements Project to A.M. Stephens Construction Company, Inc., of Lodi, in the amount of $118,529. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject the low bid of United Pavement Maintenance, Inc., as non-responsive, and award the contract for the Hutchins Street Square North Entrance Americans with Disabilities Act Improvements Project to the lowest responsive bidder, A.M. Stephens Construction Company, Inc., of Lodi, California, in the amount of $118,529. Dated: December 21, 2016 I hereby certify that Resolution No. 2016-217 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 21, 2016 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2016-217 4NIFE JVI. FERRAa/126WY4 IOLO ity Clerk CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi gov www.gov December 15, 2016 A.M. STEPHENS CONSTRUCTION COMPANY, INC. PO BOX 1867 LODI, CA 95241 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E SWIMLEY, JR. Public Works Director SUBJECT ADOPT RESOLUTION REJECTING LOW BID AS NON-RESPONSIVE AND AWARDING CONTRACT FOR HUTCHINS STREET SQUARE NORTH ENTRANCE AMERICANS WITH DISABILITIES ACT IMPROVEMENTS TO A.M. STEPHENS CONSTRUCTION COMPANY, INC., OF LODI ($118,529) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, December 21, 2016. 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 -deliver the 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 prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Kimberly Sobin at (209) 333- 6706 f Cliarles E. Swimley, Jr. Public Works Director CES/tdb Enclosure cc: City Clerk