HomeMy WebLinkAboutAgenda Report - April 18, 2018 C-08TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C-8
AGENDA TITLE: Adopt Resolution Awarding Contract for White Slough Water Pollution Control
Facility Storage Expansion and Surface, Agricultural, and Groundwater Supply
Improvements Project to A.M. Stephens Construction Co., Inc., of Lodi
($3,713,005), and Appropriating Funds ($2,400,000)
MEETING DATE: April 18, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution awarding contract for White Slough Water Pollution
Control Facility Storage Expansion and Surface, Agricultural, and
Groundwater Supply Improvements Project to A.M. Stephens
Construction Co., Inc., of Lodi, in the amount of $3,713,005, and appropriating funds in the amount of
$2,400,000.
BACKGROUND INFORMATION: The project includes a new 300 acre-foot capacity storage pond that
will store tertiary -treated wastewater, approximately 3,400 feet of 18 -
inch diameter pipe that will convey water to and from the new pond,
a new pump station to both fill and drain the pond, a new structure that will monitor and control the flow to
the pond, piping connections at two existing structures, associated electrical/instrumentation
improvements, and other incidental and related work, all as shown on the plans and specifications for the
project.
Council initially approved the plans and specifications and authorized advertisement for bids on January
17, 2018. Four bids were received on March 1, 2018. The apparent low bidder, CNI Conco West, could
not locate their Receipt of Addendum No. 2 at the time their bid was publically opened and read, and was
deemed non-responsive. Ford Construction, of Lodi, was deemed the apparent lowest responsive bidder.
Approximately one hour after the public bid opening, the Receipt of Addendum No. 2 for CNI Conco West
was located between two pieces of paper submitted with their bid. It is unknown how both City Staff and
the CNI Conco West representative could not find the Receipt of Addendum No. 2 during the bid opening.
Because of the potential for bid protests, Staff recommended rejecting all bids, approving plans and
specifications, and authorizing re -advertisement for bids.
A Special Council Meeting was held on March 7, 2018. Council authorized rejecting all bids, approving
plans and specifications, and authorizing re -advertisement for bids. The City received the following two
bids for this project on March 29, 2018:
Bidder Location Base Bid Alternate Bid Total Bid
Engineers Estimate $3,751,950 $150,000 $3,901,950
AM Stephens Const. Co. Lodi $3,582,605 $130,400 $3,713,005
Ford Construction Lodi $3,846,674 $145,000 $3,991,674
Staff recommends awarding contract for White Slough Water Pollution Control Facility Storage Expansion
and Surface, Agricultural, and Groundwater Supply Improvements Project to A.M. Stephens Construction
Co., Inc., of Lodi, in the amount of $3,713,005, and appropriating funds in the amount of $2,400,000.
, City Manager
K:\WP\PROJECTS\SEWER\WSWPCF\WSWPCF Storage Expansion\CAward.doc 4/9/2018
Adopt Resolution Awarding Contract for White Slough Water Pollution Control Facility Storage Expansion and Surface, Agricultural, and Groundwater Supply
Improvements Project to A M Stephens Construction Co., Inc., of Lodi ($3,713,005), and Appropriating Funds ($2,400,000)
April 18, 2018
Page 2
FISCAL IMPACT:
The cost for this work is programmed in the Fiscal Year 2017/18 budget.
The City's cost share is 25 percent and the remaining 75 percent will be
reimbursed through the Proposition 84 Grant. This project does not impact
the General Fund.
FUNDING AVAILABLE: Fiscal Year 2017/18 Budget:
Wastewater Capital Outlay Fund (5319900.77020): $1,500,000
Appropriation Requested:
Wastewater Capital Outlay Fund (5319900.77020): $2,400,000
Total: $3,900,000
CES/CS/tdb
Attachment
Andrew Keys
Deputy City Manager/Internal Services Director
f2C)
Charles E. Swimley, Jr.
Public Works Director
K:\WP\PROJECTS\SEWER\WSWPCF\WSWPCF Storage Expansion\CAward.doc 4/9/2018
WSWPCF STORAGE EXPANSION AND SURFACE,
AGRICULTURAL, AND GROUNDWATER
SUPPLY IMPROVEMENTS PROJECT
CITY OF LODI, CALIFORNIA
CONTRACT
THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as
the "City," and A. M. STEPHENS CONSTRUCTION CO., INC., a California corporation, herein
referred to as the "Contractor."
WITNES SETH:
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 Conditions
Special Provisions
Bid Proposal
Contract
Contract Bonds
Plans (Drawings)
Specifications
Addenda
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, furnish all labor 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 Clauses 65 and 66 General Conditions, 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 programs. The responsibility for compliance with these Labor Code
requirements is on the prime contractor.
CITY OF LODI Page 1
WSWPCF STORAGE EXPANSION AND SURFACE,
AGRICULTURAL, AND GROUNDWATER
SUPPLY IMPROVEMENTS PROJECT
CONTRACT
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:
BASE BID ITEMS
Item
No. Description
Estimated
Unit Quantity
Unit
Price Total Price
1. Mobilization/Demobilization LS NA NA $20,000
2. Worker Safety and Protection LS NA NA $7,500
3. Storm Water Quality Controls LS NA NA $10,000
4. Field Engineering and Location of Existing
Underground Utilities and Interferences LS NA NA $23,000
5. Tertiary Storage Pond Earthwork LS NA NA $560,540
6. Tertiary Storage Pond Rock Slope Protection LS NA NA $322,880
7. Class II Aggregate Base Surfacing of Tertiary
Storage Pond Levees LS NA NA $92,200
8. Tertiary Storage Pond Pump Station LS NA NA $819,180
9. Improvements at Irrigation Distribution Box LS NA NA $58,608
10. Flow Monitoring/Control Structure LS NA NA $200,910
11. Improvements at Filter Pump Station LS NA NA $86,136
12. FE Inlet/Outlet Pipeline LS NA NA $925,370
13. Wet or Unstable Pipe Trench Bottom Preparation LF 1,500 $28.86 $43,290
14. All Electrical/Instrumentation work associated
with Base Bid Item Improvements LS NA NA $380,491
15. All work in accordance with the contract
documents, not included under Base Bid Items 1
through 14 and Additive Bid Item LS NA NA $32,500
Total Base Bid Amount $3,582,605
Total Base Bid Amount (written form) Three million five hundred eighty two thousand six hundred five
CITY OF LODI Page 2
WSWPCF STORAGE EXPANSION AND SURFACE,
AGRICULTURAL, AND GROUNDWATER
SUPPLY IMPROVEMENTS PROJECT
CONTRACT
ADDITIVE BID ITEMS
Item
No. Description
Unit
Unit Qty Price Total Price
Al, 2-1/2 Inches Asphalt Concrete over Base Bid
Surfacing of Storage Pond Levees (Base Bid
Item 7). LS NA NA $130,400
Total Additive Bid Amount $130,400
Total Additive Bid Amount (written form) One hundred thirty thousand four hundred
Total Base and Additive Bid Amount $ 3,713,005
Total Contract Amount $3,713,005
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 and to diligently
prosecute to completion in accordance with the following schedule:
CITY OF LODI Page 3
WSWPCF STORAGE EXPANSION AND SURFACE,
AGRICULTURAL, AND GROUNDWATER
SUPPLY IMPROVEMENTS PROJECT
TIMES ALLOWED FOR COMPLETION
CONTRACT
Milestone
Contractual Completion Event
Completion Time
(calendar days following
Contractor's receipt of notice
to proceed)
1
Completion of all Earthwork, Structures, Pond Slope
Protection, Surfacing of Pond Levees, Paving, and Buried
Pipelines, with the exception of the Pipe Connections at Filter
Pump Station.
198
2
Final Completion of all Work
245
. Milestones — Milestone 1 and 2 work is defined in greater detail in Section 01140.
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 for each day the work is not
completed beyond the time specified in the preceding paragraph. Contractor agrees that this amount may
be deducted from the amount due the contractor under the contract. Amounts of liquidated damages shall
be as follows:
DAMAGES FOR DELAYS
Milestone
Contractual Completion Event
Dollars Per Day
Liquidated Damages
(Amount in Dollars)
1
Completion of all Earthwork, Structures, Pond Slope
Protection, Surfacing of Pond Levees, Paving, and Buried
Pipelines, with the exception of the Pipe Connections at Filter
Pump Station.
$2,000
2
Final Completion of all Work
$2,000
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.
CITY OF LODI
Page 4
WSWPCF STORAGE EXPANSION AND SURFACE,
AGRICULTURAL, AND GROUNDWATER
SUPPLY IMPROVEMENTS PROJECT
CONTRACT
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date
written below.
CONTRACTOR: CITY OF LODI
By:
Stephen Schwabauer, City Manager
By: Date:
Attest:
Title
Jennifer M. Ferraiolo, City Clerk
(CORPORATE SEAL)
Approved as to form:
Janice D. Magdich, City Attorney
CITY OF LODI Page 5
RESOLUTION NO. 2018-67
A RESOLUTION OF THE LODI CITY COUNCIL AWARDING
CONTRACT FOR WHITE SLOUGH WATER POLLUTION CONTROL
FACILITY STORAGE EXPANSION AND SURFACE, AGRICULTURAL,
AND GROUNDWATER SUPPLY IMPROVEMENTS PROJECT TO
A.M. STEPHENS CONSTRUCTION COMPANY, INC., OF LODI; AND
FURTHER APPROPRIATING FUNDS
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 March 29, 2018, at
11:00 a.m., for the White Slough Water Pollution Control Facility Storage Expansion and
Surface, Agricultural, and Groundwater Supply Improvements Project, described in the plans
and specifications therefore approved by the City Council on March 7, 2018; and
WHEREAS, said bids have been checked and tabulated and a report thereof filed with
the City Manager as follows:
Bidder Base Bid Alternate Bid Total Bid
A.M. Stephens Construction Company $3,582,605 $130,400 $3,713,005
Ford Construction $3,846,674 $145,000 $3,991,674
WHEREAS, staff recommends that the City Council award the contract for White Slough
Water Pollution Control Facility Storage Expansion and Surface, Agricultural, and Groundwater
Supply Improvements Project to A.M. Stephens Construction Company, Inc., of Lodi, in the
amount of $3,713,005; and
WHEREAS, staff also recommends that the City Council appropriate funds in the
amounts of $2,400,000, from the fund balance of Wastewater Capital Outlay Fund (5319900) for
Fiscal Year 2017/18.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award
the contract for White Slough Water Pollution Control Facility Storage Expansion and Surface,
Agricultural, and Groundwater Supply Improvements Project to A.M. Stephens Construction
Company, Inc., of Lodi, California, in the amount of $3,713,005; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute the contract on behalf of the City of Lodi; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize an
appropriation for the project, in the amount of $2,400,000, as set forth above.
Dated: April 18, 2018
I hereby certify that Resolution No. 2018-67 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 18, 2018 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — Mounce
ABSENT: COUNCIL MEMBERS — Kuehne
ABSTAIN: COUNCIL MEMBERS — None
2018-67
NIFER M
ity Clerk
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RRAIOLO