HomeMy WebLinkAboutAgenda Report - November 1, 2017 C-05TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
c.-5
AGENDA TITLE: Adopt Resolution Rejecting Non -Responsive Bid from Swierstok Enterprise, Inc. dba
Pro Builders and Awarding Contract for Lodi Station Parking Garage Maintenance
and Repair Project to TPA Construction, Inc., of Rocklin ($368,476)
MEETING DATE: November 1, 2017
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution rejecting non-responsive bid from Swierstok
Enterprise, Inc. dba Pro Builders and awarding contract for Lodi
Station Parking Garage Maintenance and Repair Project to TPA
Construction, Inc., of Rocklin, in the amount of $368,476.
BACKGROUND INFORMATION: The Lodi Station Parking Garage, located at 50 North Sacramento
Street, was constructed in 2002, using post -tensioned concrete. Due
to the age of the facility and observations of cracks in the concrete and
masonry, staff hired Siegfried Engineering, Inc., of Stockton, in October 2016, to conduct a structural
assessment of the structure. The assessment report identified several issues (primarily related to normal
wear and tear) that need to be addressed in order to maintain the parking structure's long-term structural
integrity. It must be emphasized that none of the identified deficiencies pose a risk to the public at this time.
This project consists of various structural repairs recommended by Siegfried Engineering, Inc. to address
cracks in the concrete columns, beams, and concrete decks. The project will also replace some exterior
veneer panels that were damaged by vehicles; and conduct other miscellaneous improvements needed to
extend the life of the parking structure.
Plans and specifications for this project were approved on September 6, 2017. The City received the
following four bids for this project on October 12, 2017.
Bidder Location Base Bid Abovel(Under)
Estimate
Engineer's Estimate $229,088.00
TPA Construction Inc. Rocklin $368,476.00 $139,388.00
Diede Construction Inc. Woodbridge $408,539.70 $179,451.70
Z Squared Construction El Dorado Hills $458,875.50 $229,787.50
*Swierstok Enterprise, Inc. (Pro Builders) Orangevale $263,083.70 $33,995.70
*Bidder did not submit Receipt of Addendum No.1 with the bid and is deemed non-responsive.
The Engineer's Estimate provided by Siegfried Engineering, Inc. was based on unit prices obtained from
bids on previous projects. Accurate engineering estimates are increasingly difficult to perform due to
current market forces and the recent natural disasters in Texas and Florida escalating construction and
material costs. Staff requested Siegfried Engineering, Inc. review the bids and, although substantially
higher than estimated, they agree the bid price is reasonable.
APPROVED:
er, City Manager
K:\WP\PROJECTS\TRANSIT\Lodi Station Parking Structure\2017 Structural Repair\CAward.doc 10/25/2017
Adopt Resolution Rejecting Non -Responsive Bid from Swierstok Enterprise, Inc. dba Pro Builders and Awarding Contract for Lodi Station Parking Garage Maintenance
and Repair Project to TPA Construction, Inc., of Rocklin ($368,476)
November 1, 2017
Page 2
The apparent low bid, submitted by Swierstok Enterprise, Inc., was deemed non-responsive because it did
not include the "Receipt of Addendum No.1." Addendum No. 1 contained clarification addressing contractor
questions resulting from a mandatory pre-bid conference. In accordance with contract documents, bids
received without containing all receipts of addenda are deemed non-responsive and may be rejected. The
second lowest bidder, TPA Construction, Inc., is the lowest responsive bidder for the project.
Staff notes a clerical error on the City's bid proposal, inadvertently requiring a five percent bid bond as
opposed to the State -required 10 percent bid bond. The bidder's bond submitted by the lowest responsive
bidder indicated a value of 10 percent; however, it also included a not -to -exceed amount of $30,000, which
is less than 10 percent ($36,847.60) of the submitted bid amount. The City Attorney determined this to be a
bid irregularity that does not alter the outcome of the bid results. The City has received the 10 percent bid
bond from TPA Construction, Inc.
Staff recommends rejecting non-responsive bid form Swierstok Enterprises, Inc. dba Pro Builders and
awarding contract for Lodi Station Parking Garage Maintenance and Repair Project Improvements to TPA
Construction, Inc., of Rocklin, in the amount of $368,476.
FISCAL IMPACT: The repair will extend the useful life of the parking structure. This project does
not impact the General Fund.
FUNDING AVAILABLE: Transportation Development Act funds (60199000.77020).
64/4'
Andrew Keys
Deputy City Manager/Internal Services Director
Prepared by Lyman Chang, City Engineer/Deputy Public
CES/LC/tdb
Attachment
cc: Transportation Manager/Senior Traffic Engineer
Public Works Management Analyst
City Engineer/Deputy Public Works Director
Siegfried Engineering, Inc.
Charles E. Swimley, Jr.
Public Works Director
Works Director
K:\WP\PROJECTS\TRANSIT\Lodi Station Parking Structure\2017 Structural Repair\CAward.doc 10/25/2017
LODI STATION PARKING GARAGE
MAINTENANCE AND REPAIR PROJECT
50 N 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 TPA 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
Certifications and Forms
General Provisions
Federal Requirements
Special Provisions
Bid Proposal
Contract
Contract Bonds
Federal Minimum Wage Rates
Plans
Addenda
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,
CONTRACT.doc
4.1
10112117
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.
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:
This work consists of performing various minor structural repairs, reinforcement, and
other miscellaneous improvements to Lodi Station Parking Garage as shown on the
plans and specifications for the above project.
CONTRACT ITEMS
Item
Description
Unit
Qty
Unit Price
Total
1
2
3
Mobilization/Demobilization
LS
1
$15,000.00
$15,000.00
Traffic Control
LS
1 $3,200.00
$3,200.00
Remove Concrete Deck Spalling
Debris, Prep Surface (52)
LS
1
$950.00
$950.00
4
Remove Existing Parking Deck
Sealant, Prep Surface (S3)
SF
11,134
$7.00
$77,938.00
5
6
Sawcut & Remove Damaged
Masonry Wall (E2)
LS
1
$15,000.00 $15,000.00
Elevator Door Concrete Threshold
EA
3
$1,000.00 $3,000.00
7
8" Masonry Wall Repair/Doweling
(North Elevator Tower) (E2)
LS
1
$15,000.00 $15,000.00
8
Sawcut/Install Masonry Control
Joints (MW1)
LS
1
$5,400.00
$5,400.00
CONTRACT.doc
4.2
10/12/17
Item Description
9
Unit Qty 1 Unit Price
Total
Parking Deck SpaII Repair (S2) LS 1 $3,500.00
10
Crack Seal Deck (51)
$3,500.00
11
Traffic Deck Coating System (S3)
12
13
14
FRP Wrap/Beam Concrete Fill
(J2H)
Beam -Masonry Wall
Patching/Sealing (B3)
Masonry Wall -Epoxy Injection
(MW1)
LF
SF
EA
1,723 $16.00
11,134 $4.00
1
EA
6
15
LS
1
Beam -Epoxy Injection (B2)
16
Column -Epoxy Injection (J1H)
17
18
19
20
Exterior Stair Injection (M2)
Prep & Paint Exposed Surfaces
(P1)
Veneer Replacement (M1)
Secutiry Modifications (M3)
LS
EA
LS
1
$27,568.00
$44,536.00
$12,714.00
$1,050.00
$27,300.00
$12,714.00
$6,300.00
$27,300.00
$22,500.00
7
1
$1,300.00
$22,500.00
$ 9,100.00
$11,250.00
SF
22,110
$2.00
$11,250.00
$44,220.00
LS
LS
$10,000.00
$10,000.00
$14,000.00
$14,000.00
TOTAL $368,476.00
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.
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)].
CONTRACT.doc
4.3
10/12/17
• 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
By:
STEPHEN SCHWABAUER
City Manager
By: Date:
Title
Attest
JENNIFER M. FERRAIOLO
City Clerk
(CORPORATE SEAL) Approved As To Form:
CONTRACT doc
JANICE D. MAGDICH
City Attorney
4.4
10/12/17
RESOLUTION NO. 2017-199
A RESOLUTION OF THE LODI CITY COUNCIL REJECTING
NON-RESPONSIVE BID FROM SWIERSTOK ENTERPRISES, INC., dba
PRO BUILDERS AND AWARDING THE CONTRACT FOR THE
LODI STATION PARKING GARAGE MAINTENANCE AND REPAIR
PROJECT TO TPA CONSTRUCTION, INC., OF ROCKLIN
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 12, 2017, at 11:00 a.m.,
for the Lodi Station Parking Garage Maintenance and Repair Project, described in the plans and
specifications therefore approved by the City Council on September 6, 2017; and
WHEREAS, said bids have been checked and tabulated and a report thereof filed with the
City Manager as follows:
Bidder
Engineer's Estimate
TPA Construction, Inc.
Diede Construction, Inc.
Z Squared Construction
*Swierstok Enterprise, Inc. (Pro Builders)
Base Bid Above/(Under)
Estimate
$229,088.00
$368,476.00
$408,539.70
$458,875.50
$263,083.70
$139,388.00
$179,451.70
$229,787.50
$33,995.70
*Bidder did not submit Receipt of Addendum No.1 with the bid and it is deemed non-responsive.
WHEREAS, staff recommends that the City Council reject non-responsive bid from
Swierstok Enterprises, Inc., dba Pro Builders, and award the contract for the Lodi Station Parking
Garage Maintenance and Repair Project to TPA Construction, Inc., of Rocklin, in the amount of
$368,476.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject
non-responsive bid from Swierstok Enterprises, Inc., dba Pro Builders, and award the contract for
the Lodi Station Parking Garage Maintenance and Repair Project to TPA Construction, Inc., of
Rocklin, California, in the amount of $368,476; 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. 2017-199 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 — None
2017-199
�.,25:e-AAOLGta
NIFER FERRRIOLO
y Clerk