HomeMy WebLinkAboutAgenda Report - November 1, 2017 C-04CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C-4
TM
AGENDA TITLE: Adopt Resolution Rejecting Non -Responsive Bid from Marko Construction Group
and Awarding Contract for Transit Station Security Fencing Project to Diede
Construction, Inc., of Woodbridge ($296,329)
MEETING DATE: November 1, 2017
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
Adopt resolution rejecting non-responsive bid from Marko
Construction Group and awarding contract for Transit Station
Security Fencing Project to Diede Construction, Inc., of Woodbridge,
in the amount of $296,329.
BACKGROUND INFORMATION: The City of Lodi was awarded $399,000 in grant funding from the
Proposition 1B Transit System Safety, Security, and Disaster
Response Account (TSSSDRA) program for security fencing and
cameras. Council approved the grant submittal on December 16, 2015 and the City received funds in
June 2016.
Currently, all 24 of the City's buses park in an unsecured area located south of the transit station. The
buses range in value between $200,000 and $500,000 each, depending on the model. Though currently
under video surveillance, Transit has experienced vandalism and break-ins at the currently unsecured
parking area over the last few years.
This project consists of installing wrought iron security fencing, automated sliding gates, gate access
control systems, and a pedestrian swing gate to secure the transit station bus parking area. The work
also includes replacing a damaged driveway, installing a concrete accessible path of travel, replacing
damaged pavers, resetting pavers that have settled, and other incidental and related work, all as shown
on the plans and specifications for the above project.
Plans and specifications for this project were approved on August 2, 2017. The City received the
following seven bids for this project on October 11, 2017:
Bidder
Engineer's Estimate
Diede Construction, Inc.
Golden Bay Fence Plus Iron Works
NBC Construction
Bobo Construction, Inc.
B&M Builders, Inc.
*Marko Construction Group
*Martin General Engineering
*Non-responsive
**Corrected Amount
Location
Woodbridge
Stockton
San Francisco
Elk Grove
Rancho Cordova
Fresno
Rancho Cordova
Bid
$367,730.00
$296,328.90
$341,684.00
$387,788.00
$398,991.00
$435,584.00
$283,295.00
$373,047.00**
Above/(Below)
Engineer's Estimate
($71,401.10)
($26,046.00)
$20,058.00
$31,261.00
$67,854.00
($84,435.00)
$5,317.00
APPROVED:
Sc wa. a - , City Manager
K:\WP\PROJECTS\TRANSIT\Security Fencing\CAward.doc 10/25/2017
Adopt Resolution Rejecting Non -Responsive Bid from Marko Construction Group and Awarding Contract for Transit Station Security Fencing Project to Diede
Construction, Inc , of Woodbridge ($296,329)
November 1, 2017
Page 2
The apparent low bid submitted by Marko Construction Group did not contain the Receipt of Addendum
for Addendum No. 3 and was deemed non-responsive. Addendum No. 3 included clarifications regarding
the fencing material and gate operator voltages. In accordance with contract documents, bids received
without containing all receipts of addenda are deemed non-responsive and may be rejected.
Staff recommends rejecting the non-responsive bid from Marko Construction Group and awarding the
contract for Transit Station Security Fencing Project to Diede Construction, Inc., of Woodbridge, in the
amount of $296,329.
FISCAL IMPACT:
There will be an increase in the long-term maintenance costs associated
with the security fencing installation funded by Transit operations. Staff
anticipates a decrease in vehicle repair costs associated with vandalized
vehicles in an unprotected area. This project will not impact the General
Fund.
FUNDING AVAILABLE: Funding for the security fencing has been appropriated in Fiscal Year
2017/18 budget, utilizing Proposition 1B TSSSDRA Program funds and
Transit Development Act funds.
CLift,
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Jinni Billigmeier, Associate Civil Engineer
CES/JB/tdb
Attachment
cc: Paula Fernandez, Transportation Manager
K:\WP\PROJECTS\TRANSIT\Security Fencing\CAward.doc 10/25/2017
TRANSIT STATION SECURITY FENCING PROJECT
24 South Sacramento 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 DIEDE CONSTRUCTION, Inc., A California corporation,
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 111 - 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
4.1 10/11/17
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 install wrought iron security fencing, automated sliding
gates, gate control systems and a pedestrian swing gate to secure the Transit Station
bus parking area. The work also includes replacing a driveway, installing a concrete
accessible path, replacing damaged pavers and resetting pavers that have settled, and
other incidental and related work, all as shown on the plans and specifications for the
above project.
See Section 6-07 "Description of Bid Items" for additional information.
BID ITEMS
Ite
m
Description
QTY
Unit
Unit Price
Total
1
Mobilization, Temporary Facilities and
Demobilization
1
LS
$12,900.00
$12,900.00
2
Demolition, Clearing and Grubbing
1
LS
$29,573.00
$29,573.00
3
Construct Concrete Curb _
30
LF
$118.90
$3,567.00
4
Construct Concrete Driveway and Ramp
564
SF
$18.30
$10,321.20
5
Construct 4"Concrete
1,094
SF
$11.30
$12,362.20
6
Construct Concrete Apron
! 72
SF
$35.30
$2,541.60
7
Construct Concrete Trash Pad
67
SF
$26.00
$1,742.00
8
Raise Pavers
1,276
SF
$19.40
$24,754.40
9
Replace Pavers
241
SF
$24.50
$5,904.50
10
Install Security Fence
615
LF
$97.60
$60,024.00
11
Install Pedestrian Gate
1
LS
$6,366.00
$6,366.00
12
Install 18' Sliding Gate
1
LS
$61,220.00
$61,220.00
13
Install 20' Sliding Gate
1
LS
$61,247.00
$61,247.00
14
Traffic Striping and Signage
1
LS
$3,806.00
$3,806.00
4.2
K:.WP'vPROJEC1 S\TRANSIT\Security Fencing\CONTRACT doc
TOTAL BID $$296,328.90
10/11/17
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.
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 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.
4.3
K:\VVV,PROJ ECTS\TRANSIT;Security Fencing\CONTRACT doc
10/11/17
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:
Title
Attest:
JENNIFER M. FERRAIOLO
City Clerk
(CORPORATE SEAL) Approved As To Form•
JANICE D. MAGDICH
City Attorney
4.4
K.`\VJP'PROJECTS\\TRANSIT•Securrty Fencing\CONTRACT doc
10/11/17
RESOLUTION NO. 2017-198
A RESOLUTION OF THE LODI CITY COUNCIL REJECTING THE
NON-RESPONSIVE BID FROM MARKO CONSTRUCTION GROUP AND
AWARDING THE CONTRACT FOR THE TRANSIT STATION SECURITY
FENCING PROJECT TO DIEDE CONSTRUCTION, INC., OF WOODBRIDGE
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 October 11, 2017, at
11:00 a.m., for the Transit Station Security Fencing Project, described in the plans and
specifications therefore approved by the City Council on August 2, 2017; and
WHEREAS, said bids have been checked and tabulated and a report thereof filed with
the City Manager as follows:
Above/(Below)
Bidder Bid Engineer's Estimate
Engineer's Estimate $367,730.00
Marko Construction Group $283,295.00* ($84,435.00)
Diede Construction, Inc. $296,328.90 ($71,401.10)
Golden Bay Fence Plus Iron Works $341,684.00 ($26,046.00)
NBC Construction $387,788.00 $20,058.00
Bobo Construction, Inc. $398,991.00 $31,261.00
B&M Builders, Inc. $435,584.00 $67,854.00
Martin General Engineering $373,047.00** $5,317.00
*Non-responsive
**Corrected Amount
WHEREAS, the bid received from the apparent low bidder, Marko Construction Group,
did not contain the Receipt of Addendum for Addendum No.3 and was deemed non-responsive;
and
WHEREAS, staff recommends that the City Council reject the non-responsive bid from
Marko Construction Group and award the contract for the Transit Station Security Fencing
Project to Diede Construction, Inc., of Woodbridge, in the amount of $296,328.90.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject
the non-responsive bid from Marko Construction Group and awards the bid for the Transit
Station Security Fencing Project to Diede Construction, Inc., of Woodbridge, California, in the
amount of $296,328.90; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract on behalf of the City of Lodi.
Dated: November 1, 2017
I hereby certify that Resolution No. 2017-198 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 1, 2017 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson and Mounce
ABSTAIN: COUNCIL MEMBERS — No
y
2017-198
NIFE FERRAIOLO
Clerk