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HomeMy WebLinkAboutAgenda Report - April 7, 2021 C-08AGENDA ITEM (2am AN% CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Rejecting Lowest Bid and Awarding Contract for City Hall Security Improvements Project to Diede Construction, Inc., of Woodbridge ($243,602), and Appropriating Funds ($50,000) MEETING DATE: April 7, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution rejecting lowest bid and awarding Contract for City Hall Security Improvements Project to Diede Construction, Inc., of Woodbridge, in the amount of $243,602, and appropriating funds in the amount of $50,000. BACKGROUND INFORMATION: In recent years, there has been an increase in workplace shootings reported across the country. City Hall is the primary location for the City to conduct business with the public and there have been times Staff has had to deal with angry customers, resulting in calling for police assistance. The Police Department has conducted training sessions to address emergency exit and action plans and determined that during an active shooter event at City Hall, Staff on the first and second floors would be most vulnerable due to unsecure access points and public counters. This project consists of installing bullet resistant service windows on the existing public service counters on the first floor, installing and/or retrofitting existing doorways with security card access and hardware, and other incidental and related work, as shown in Exhibit A. These improvements will allow Staff more time to safely exit the premises during an active shooter event. The plans and specifications were approved by the City on February 3, 2021. The City received the following two bids for this project on March 3, 2021: Bidder Location Base Bid Alternate Bid *Top Estate Construction, Inc. Stockton $ 211,600.00 $ 6,600.00 Diede Construction, Inc. Woodbridge $ 263,402.00 $ 24,200.00 " Did not include the Receipt of Addendum No. 1 in the submitted bid package The lowest apparent bidder, Top Estate Construction, Inc., did not include the Receipt of Addendum No. 1 with the submitted bid package. For this reason, the bid is deemed non-responsive. At the time of bidding, it was determined that additional Americans with Disabilities Act (ADA) access issues related to the existing lobby counters also need to be addressed with the project. Recognizing the existing counters could be very expensive to modify for ADA compliance, Staff included the Alternate Bid Item that considers the cost of replacing the existing counters entirely. If the bid(s) to replace the existing counters (identified as "Alternate Bid") was less than the cost of modifying the existing counters (identified as Bid Item No. 9), the bid documents specify that Bid Item No. 9 will be eliminated. The low bid included Alternate Bid at a cost of $24,200 and Bid Item No. 9 at a cost of $44,000. Eliminating Bid Item No. 9 in favor of the Alternate Bid Item is a cost savings of $19,800. Staff recommends including APPROVED: City Manager \\cvcfilv02\pubwks$\WP\PROJECTS\MISC\City Hall Security\CAward doc 3/24/ Adopt Resolution Rejecting Lowest Bid and Awarding Contract for City Hall Security Improvements Project to Diede Construction, Inc , of Woodbridge ($243,602), and Appropriating Funds ($50,000) April 7, 2021 Page 2 the Alternate Bid Item to replace the counters and eliminate Bid Item No. 9, which reduces the project construction cost to $243,602. The total project cost is expected to be $300,000, which includes design, construction, contract administration, and contingencies. On February 3, 2021, Council authorized an appropriation of $135,000 to address the additional work on the second floor of City Hall. Staff is now requesting an additional appropriation of $50,000 to cover the required ADA improvements associated with the existing counters. The project is expected to be substantially complete before City hall re -opens to the public. Staff recommends rejecting lowest bid and awarding Contract for City Hall Security Improvements Project to Diede Construction, Inc., of Woodbridge, in the amount of $243,602, and appropriating funds in the amount of $50,000. FISCAL IMPACT: There will be a slight increase in building maintenance cost associated with the installed improvements. The lives the project may potentially save during active shooting will be worth the cost. FUNDING AVAILABLE: Fiscal Year 2020/21 Budget \\cvcfilv02Npubwks$\WP\PROJECTS\MISC\City Hall Security\CAward doc 3/24/2 General Fund Capital (43199000.77020): $115,000 Previous Appropriation: General Fund Capital (43199000.77020): $ 135,000 Requested Additional Appropriation: General Fund Capital (43199000.77020): $ 50,000 TOTAL: $ 300,000 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director 0--,QUI—Q Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/tc Attachments cc: Facilities Superintendent Construction Manager Management Analyst, Public Works NJ Associates, Inc. Top Estate Construction Inc. Diede Construction Inc. \\cvcfilv02Npubwks$\WP\PROJECTS\MISC\City Hall Security\CAward doc 3/24/2 EXHIBIT A PURI T'...- PLANNING '..._ PLANNING AND PUBLIC WORKS DESK DESIGN LILY W LODI 11 1 06.30.20 1 RECEPTION DESK DESIGN PUBLIC WORKS PLANNING AND PUBLIC WORKS DESK DESIGN i_I - Y 9f LO DI 11 1 06.30.20 1 RECE P710N DESK DESIGN 1: CITY HALL SECURITY IMPROVEMENTS PROJECT 221 W PINE 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 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, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT 4.1 03/08/21 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 existing casement walls and doors, existing door panels and glazing, installing new ballistics -resistant and forced -entry -resistant walls, doors, frames, glazing, hardware, armor plating, and security specialties, installing new counter top, and wood trim, painting walls, ceiling, and armor plating, and other miscellaneous and related work including associated electrical and fire protection as necessary, as shown on the plans and specifications for the above project. For additional bid item descriptions refer to Section 6-07 "Description of Bid Items". CONTRACT ITEMS Item Description Mobilization/General Conditions QTY 1 Unit I LS LS LS EA Unit Cost $ 45,800.00 $ 8,260.00 $ 18,470.00 $ 6,714.00 f Total j $ 45,800.00 $ 8,260.00 $ 18,470.00 $ 33,570.00 1 2 Selective Demolition Rough Carpentry and Framing1 1 3 _ 5 174 4 _ Ballistics -Resistant and Forced -entry Resistant Doors and Frames 5 Ballistics -Resistant and Forced -entry Resistant Glazing Ballistic -Resistant Armor Reinforcement Security Specialties SF $ 148.00 $ 25,752.00 6 200 SF $ 138.00 $ 27,600.00 7 1 LS $ 4,720.00 $ 4,720.00 8 Door Finish Hardware 1 LS $ 3,840.00 $ 3,840.00 9 Casework Modifications 1,100 SF $ $ 10 Wood Trim 200 LF $ 59.00 $ 11,800.00 11 Painting, Staining, and Sealing 1 LS $ 28,380.00 $ 28,380.00 12 Fire Protection 1 LS $ 7,670.00 $ 7,670.00 13 General Electrical 1 LS $ 3,540.00 $ 3,540.00 Bid Alternate Total Base Bid $ 219,402.00 CONTRACT 4.2 03/08/21 1 New Casework 1 1100 SF 1 $ 22.00 T_$_24,200.00 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, or as agreed-upon by the City and the Contractor in writing 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. ARTICLE X - Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. CONTRACT 4.3 03/08/21 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: Title M STEPHEN SCHWABAUER City Manager Date - Attest: JENNIFER CUSMIR City Clerk (CORPORATE SEAL) Approved As To Form: JANICE D. MAGDICH City Attorney 4 CONTRACT 4.4 03/08/21 Capital Improvement Plan Project Title: City Hall Srvc Counter Security Upgrade Munis Project Code: GFCP-21003 #138 Section I: Description District Nos: Project Length Priority Upgrade the City Hall service counter on the first floor to improvement security. Justification/factor driving project The upgraded security measure will improve safety of office occupants in case of an active shooter or other threat. Additional Information Section II Estimated Project Costs Expenditure Prior Years FY 19120 FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 Future Yrs Total Contracts $ - Estimate Budget $ 290,000 $ 290,000 Miscellaneous $ - $ 10,000 $ 10,000 Total Capital Costs $ - $ - $ 300,000 $ - $ - $ - $ - $ - $ 300,000 Section III Funding Sources/Methods of Financing Funding Source(s) Prior Years FY 19120 FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 Future Yrs Total Estimate Budget 431 - Capital Outlay/General $ - $ 300,000 $ 300,000 Total Project Financing $ - $ - $ 300,000 $ - $ - $ - $ - $ - $ 300,000 Section IV Operating Budget Impact Operating Cost or Prior Years FY 19120 FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 Future Yrs Total (savings) Estimate Budget Personnel $ - $ - Other Operating Costs $ - $ - Total Operating Impact $ - $ - $ - $ - $ - $ - $ - $ - $ - RESOLUTION NO. 2021-78 A RESOLUTION OF THE LODI CITY COUNCIL REJECTING THE LOWEST BID AND AWARDING THE CONTRACT FOR THE CITY HALL SECURITY IMPROVEMENTS PROJECT TO DIEDE CONSTRUCTION, INC., OF WOODBRIDGE; 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 3, 2021, at 11:00 a.m., for the City Hall Security Improvements Project, described in the plans and specifications therefore approved by the City Council on February 3, 2021; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder Location Base Bid Alternate Bid Top Estate Construction, Inc.* Stockton $ 211,600 $ 6,600 Diede Construction, Inc. Woodbridge $ 263,402 $ 24,200 " Did not include the Receipt of Addendum No. 1 in the submitted bid package. WHEREAS, staff included the Alternate Bid Item that considers the cost of replacing the existing counters entirely if the bid(s) to replace the existing counters (identified as "Alternate Bid") was less than the cost of modifying the existing counters (identified as Bid Item No. 9), the bid documents specify that Bid Item No. 9 will be eliminated; and WHEREAS, staff recommends rejecting the lowest bid and awarding the contract for the City Hall Security Improvements Project to Diede Construction, Inc., of Woodbridge, in the amount of $243,602; and WHEREAS, staff also recommends that the City Council appropriate funds in the amount of $50,000 from the fund balance of General Fund Capital (43199000.77020) for Fiscal Year 2020/21. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for the City Hall Security Improvements Project to Diede Construction, Inc., of Woodbridge, California, in the amount of $243,602; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve an appropriation for the City Hall Security Improvements Project, in the amount of $50,000, as set forth above; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: April 7, 2021 I hereby certify that Resolution No. 2021-78 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 7, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JENNIF CUSMIR City Clerk 2021-78