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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