HomeMy WebLinkAboutAgenda Report - June 20, 2018 C-07CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
TM
AGENDA TITLE: Adopt Resolution Rejecting Lowest Bid and Awarding Contract for 2018 GrapeLine
Bus Stop Accessibility and Shelter Improvements to F. Loduca Co., of Stockton
($394,596)
MEETING DATE: June 20, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
Adopt resolution rejecting lowest bid and awarding contract for 2018
GrapeLine Bus Stop Accessibility and Shelter Improvements to F.
Loduca Co., of Stockton, in the amount of $394,596.
BACKGROUND INFORMATION: This project consists of removing accessibility barriers near seven
GrapeLine bus stops, installing 16 curb ramps, and associated
Americans with Disabilities Act (ADA) compliant paths of travel to
the bus stop locations that lack accessibility. The project will also be installing shelters at five locations.
Each new shelter will include lighting, a bench, and a trash can.
Plans and specifications for this project were approved on April 18, 2018. The City received the following
five bids for this project on May 16, 2018:
Bidder Location
Engineer's Estimate
*Taylor Backhoe Service, Inc.
F. Loduca Co.
A.M. Stephens Construction
FBD Vanguard Construction
Diede Construction, Inc.
Merced
Stockton
Lodi
Livermore
Woodbridge
Bid
$ 415, 555.00
$ 377,214.00
$ 394,595.45
$ 436,356.66
$ 450,685.50
$ 531,267.00
* Did not perform the required Disadvantaged Business Enterprise (DBE) good faith effort
Above/(Below)
Estimate
$ (38,341.00)
$ (20,959.55)
$ 20,801.66
$ 35,130.50
$ 115,712.00
After the bids were received, the City's Disadvantaged Business Enterprise Liaison Officer (DBELO)
reviewed the bids for Disadvantaged Business Enterprise (DBE) compliance, per the Federal Transit
Administration (FTA) requirements. The FTA requires that all bidders make a good faith effort to achieve the
specific goal established for DBE participation on a project. This project had a DBE goal of 2.84 percent.
Upon review of the bids, the DBELO determined that the lowest bidder, Taylor Backhoe Service, Inc., did not
meet the DBE goal, nor did they perform a good faith effort sufficient to meet FTA requirements. On May
23, 2018, the DBELO notified Taylor Backhoe Service, Inc. that their good faith effort was not sufficient and
informed them of their right to appeal this determination. The notification identified a response deadline of
May 30, 2018 at 5:00 PM if they wished to exercise their right to appeal. No appeal was received by the City
prior to the appeal deadline.
APPROVED:
Stephen
K:\WP\PROJECTS\TRANSIT\2018 Bus Stop Improvements\CAward.doc
auer, City Manager
6/12/2018
Adopt Resolution Rejecting Lowest Bid and Awarding Contract for 2018 GrapeLine Bus Stop Accessibility and Shelter Improvements to F. Loduca Co , of Stockton
($394,596)
June 20, 2018
Page 2
On May 31, 2018 the DBELO notified Taylor Backhoe Service, Inc. that since no appeal was received
they declined their right to a Reconsideration Hearing and the City would proceed with the
recommendation to award to the second lowest bidder. The second lowest bidder, F. Loduca Co.,
obtained a DBE participation of 7.6 percent on the project, which exceeds the DBE goal of 2.84 percent.
Staff recommends rejecting lowest bid and awarding contract for 2018 GrapeLine Bus Stop Accessibility
and Shelter Improvements to F. Loduca Co., of Stockton, in the amount of $394,596.
FISCAL IMPACT:
There will be a slight increase in the Tong -term maintenance costs
associated with these improvements, which will be included in future Transit
Operations budgets. This project does not impact the General Fund.
FUNDING AVAILABLE: This project will be funded by FTA/Transportation Development Act
(60199000).
alLr)67,
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/tdb
Attachment
cc: Transportation Manager
K:\WP\PROJECTS\TRANSIT\2018 Bus Stop Improvements\CAward.doc 6/12/2018
2018 GRAPELINE BUS STOP ACCESSIBILITY
AND SHELTER IMPROVEMENTS
VARIOUS LOCATIONS
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 F LODUCA CO, a sole proprietorship, 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
06/01/18
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 removing accessibility barriers near seven GrapeLine bus stops,
installing 16 curb ramps, and associated Americans with Disabilities Act (ADA)
compliant paths of travel to the bus stop locations. The project will also be installing
shelters at five locations. Each new shelter will include lighting, a bench, and a trash
can. All work is as described in the specifications for the above project.
For additional contract item descriptions refer to Section 6-07 "Description of Bid Items"
and Attachment "D".
CONTRACT ITEMS
Item L Description
Unit
Qty
Unit Price
Total
1
2
Misc. Clearing and Grubbing
LS
1
$ 60,000.00
$ 60,000.00
Remove Sidewalk / Ramp / Dwy / AC
Patch
SF
6,165
$ 5.05
$ 31,133.25
3
Remove Curb / Curb and Gutter
LF
578
$ 3.40
$ 1,965.20
4
Furnish and Install New Sign Post
Sleeve. Relocate Ex Sign and Post
EA
3
$ 200.00
$ 600.00
5
6
Furnish and Install New Sign Post
and Sleeve. Relocate Ex Sign
EA
4
$ 250.00
$ 1,000.00
Remove & Salvage Bench
EA
4
$ 300.00
$ 1,200.00
7
Install Concrete Pad / Sidewalk /
Ramp / Res. Dwy
SF
3,980
$ 15.00
$ 59,700.00
8
Install Curb / Curb and Gutter
LF
842
$ 40.00
$ 33,680.00
9
10
Install Asphalt Concrete Patch
SF
2,249
$ 13.00
$ 29,237.00
Install Shelter, Bench, Trash Can and
Amenities
EA
5
$ 5,300.00
$ 76,500.00
11
Furnish and Install Bench
EA
6
$ 1,900.00
$ 11,400.00
12
Install Salvaged Bench
EA
4
$ 200.00
$ 800.00
13
Install 12" SD Lateral and
Connections
LF
146
$ 150.00
$ 21,900.00
CONTRACT doc
4.2
05/31/18
14
Furnish and Install 24" Riser
EA
9
$ 2,800.00
$ 25,200.00
15
Furnish and Install SICB
EA
9
$ 3,400.00
$ 30,600.00
16
Furnish and Install Truncated Domes
SF
192
$ 40.00
$ 7,680.00
17
Perform Root Surgery and Install
Root Barrier
EA
2
$ 500.00
$ 1,000.00
18
Provide 2 -Year Maintenance Bond
LS
1
$ 1,000.00
$ 1,000.00
TOTAL $394,595.45
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.
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.
CONTRACT doc
4.3
05/31/18
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
4.4
05/31/18
RESOLUTION NO. 2018-117
A RESOLUTION OF THE LODI CITY COUNCIL REJECTING
LOWEST APPARENT BID AND AWARDING THE CONTRACT FOR
2018 GRAPELINE BUS STOP ACCESSIBILITY AND SHELTER
IMPROVEMENTS TO F. LODUCA CO., OF STOCKTON
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 May 16, 2018, at
11:00 a.m., for the 2018 GrapeLine Bus Stop Accessibility and Shelter Improvements, described
in the plans and specifications therefore approved by the City Council on April 18, 2018; and
WHEREAS, said bids have been checked and tabulated and a report thereof filed with
the City Manager as follows:
Bidder Bid Above/(Below)
Estimate
Taylor Backhoe Service, Inc.* $ 377,214.00 $ (38,341.00)
F. Loduca Co. $ 394,595.45 $ (20,959.55)
A.M. Stephens Construction $ 436,356.66 $ 20,801.66
FBD Vanguard Construction $ 450,685.50 $ 35,130.50
Diede Construction, Inc. $ 531,267.00 $ 115,712.00
* Did not perform the required Disadvantaged Business Enterprise (DBE) good faith effort.
WHEREAS, staff recommends rejecting the bid received from Taylor Backhoe Service,
Inc., of Merced, for failure to meet the City's Disadvantaged Business Enterprise goal or perform
a good faith effort sufficient to meet Federal Transit Administration requirements; and
WHEREAS, staff also recommends that the City Council award the contract for 2018
GrapeLine Bus Stop Accessibility and Shelter Improvements to F. Loduca Co., of Stockton, in
the amount of $394,596.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject
the bid received from Taylor Backhoe Service, Inc., of Merced, for failure to meet the City's
Disadvantaged Business Enterprise goal or perform a good faith effort sufficient to meet Federal
Transit Administration requirements; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby award the contract
for 2018 GrapeLine Bus Stop Accessibility and Shelter Improvements to F. Loduca Co., of
Stockton, California, in the amount of $394,596; 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.
Dated: June 20, 2018
I hereby certify that Resolution No. 2018-117 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 20, 2018 by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Chandler
ABSTAIN: COUNCIL MEMBERS — None
J'NNIFER . FERRAIOLO
City Clerk
2018-117