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HomeMy WebLinkAboutAgenda Report - April 20, 2022 C-08CITY OF x w CALIFORNIA AGENDA ITEM C 01111111, COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Awarding Contract for Alley Improvement Project — Phase 9 (2021) to B & M Builders, Inc., of Rancho Cordova ($399,909), Authorizing the City Manager to Execute Change Orders ($40,000), and Appropriating Funds ($125,000) MEETING DATE: April 20, 2022 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution awarding contract for Alley Improvement Project — Phase 9 (2021) to B&M Builders, Inc., of Rancho Cordova, in the amount of $399,909, authorizing City Manager to execute change orders in an amount not -to -exceed $40,000, and appropriating funds in the amount of $125,000. BACKGROUND INFORMATION: The City has reconstructed various alleys over the past 10 years. The projects have typically included between one and two alleys per year, depending on funding levels. Specific projects are selected based on a citywide alley condition assessment list and are rated based on pavement condition and drainage improvement needs. On November 17, 2021, the Council approved plans and specifications for this project, as shown on Exhibit A, and authorized the City Manager to award contract to the lowest bidder not -to -exceed $344,000 and execute change orders not -to -exceed $30,000. The bid opening was held on March 2, 2022 and the City received the following three bids: Above/(Below) Bidder Location Bid Engineer's Estimate Engineer's Estimate $320,412.00 *Consolidated Engineering Valley Springs $362,156.80 $41,744.80 B & M Builders, Inc. Rancho Cordova $399,909.00 $79,497.00 FBD Vanguard Construction, Inc. Livermore $520,812.000 $200,400.00 Consolidated Engineering was deemed unresponsive as they did not include the Receipt of Addendum 1. Factors contributing to the low bid exceeding the Engineer's Estimate include market forces subject to historic inflation and material and supply shortages, and the short supply of available contractors. The additional appropriation is intended to cover costs related to potential change orders and staff time. Staff recommends adopting a resolution awarding contract for Alley Improvement Project — Phase 9 (2021) to B & M Builders, Inc. of Rancho Cordova, in the amount of $399,909, authorizing City Manager to execute change orders in an amount not -to -exceed $40,000, and appropriating funds in the amount of $125,000. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\cvcfi lv02\pu bw ks$\WP\P ROJ ECTS\STRE ETS\Al ley Improvoments Phase 9 (2021)\CAward.docx 2/24/2022 Adopt Resolution Awarding Contract for Alley Improvement Project — Phase 9 (2021) to B & M Builders, Inc.., of Rancho Cordova ($399,909), Authorizing the City Manager to Execute Change Orders ($40,000), and Appropriating Funds ($125,000) April 20, 2022 Page 2 FISCAL IMPACT: The project will reduce maintenance costs in the reconstructed alleys and continues the City's efforts to systematically reconstruct alleys within the Community Development Block Grant service area. This project does not impact the General Fund. FUNDING AVAILABLE: 2021/22 CDBG Funds (35099000.77020): $413,147 Requested appropriation 2021/22 CDBG Funds (35099000.77020): $37,500 2022/23 CDBG Funds 35099000.77020: $87,500 TOTAL: $538,147 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director —Ckl —aff D Charles E. Swimley, Jr. Public Works Director Prepared by Jimi Billigmeier, Associate Civil Engineer CES/JB/cd Attachment cc: CDBG Program Specialist 2021/22 Alley Improvement Project - Phase 9 Exhibit A 9 Oak St. 'a Walnut St. Walnut St. Legend Project Location Boundary /" h-Rho, 0 50 100 Feet 200 ALLEY IMPROVEMENT PROJECT — PHASE 9 Alley North of Walnut, Washington -Central 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 B&M Builders, 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 2018 Edition, Standard Specifications, State of California, Business and Transportation Agency, Department of Transportation City of Lodi Construction Specifications 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 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 4.1 03123/22 \\cvcfilv02\pubwks$\WP\PROJECTS\STREETSWIley Improvements Phase 9 (2021)\CONTRACT doc 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 consisting of improvements to the existing alley north of Walnut Street (Washington Street to Central Avenue). The project includes replacement of approximately 15,000 square feet of pavement and 1,400 square feet of concrete, and other incidental and related work, all as shown on the plans and specifications for the above project. For additional bid item descriptions refer to Drawing No. 021 DO10 and Section 6-07 "Description of Bid Items". CONTRACT ITEMS Item Description Qty Unit Unit Price Total Price 1 Mobilization and Temporary Facilities 1 LS $ 52,220.00 $ 52,220.00 2 Demolition, Clearing, Grubbing, and Grading 1 LS $ 67,763.00 $ 67,763.00 3 Construct Alley Approach 681 SF $ 23.00 $ 15,663.00 4 Construct Pavement Repair 204 SF $ 55.00 $ 11,220.00 5 Construct Valley Gutter 550 LF $ 50.00 $ 27,500.00 6 Construct Curb and Gutter 116 LF $ 43.00 $ 4,988.00 7 Construct Vertical Curb 289 LF $ 38.00 $ 10,982.00 8 Construct Modified Rolled Curb 86 LF $ 45.00 $ 3,870.00 9 Construct Miscellaneous Concrete 711 SF $ 18.00 $ 12,798.00 10 Construct Pavement Section 15,284 SF $ 3.75 $ 57,315.00 11 Install 12" Storm Drain Line 220 LF $ 305.00 $ 67,100.00 12 Install DICB 2 EA $ 4,275.00 $ 6,550.00 13 Install Manhole 1 EA $ 21,810.00 $ 21,810.00 14 Adjust Utilities to Grade 3 EA $ 1,250.00 $ 3,750.00 15 Relocate Water Meter 3 EA $ 5,960.00 $ 17,880.00 16 Perform Root Surgery 5 EA $ 1,350.00 $ 6,750.00 17 Provide Monument Preservation 3 EA $ 3,250.00 $ 9,750.00 TOTAL $ 399,909.00 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 4.2 03/23/22 \\cvcfilv02kpubwks$\WP\PROJECTS\STREETSWIIey Improvements Phase 9 (2021)\CONTRACT doc 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 40 CALENDAR DAYS. The calendar day count may pause or delay while equipment is being ordered. 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. 4.3 03/23/22 \\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\Alley Improvements Phase 9 (2021)\CONTRACT doc 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. By: Title (CORPORATE SEAL) CITY OF LODI, a municipal corporation 0 STEPHEN SCHWABAUER City Manager Date - Attest: PAMELA M. FARRIS Assistant City Clerk Approved As To Form: JANICE D MAGDICH City Attorney 4.4 03123122 \\cvcfilv02\pubwks$\WP\PROJECTS\STREETSWIley Improvements Phase 9 (2021)\CONTRACT doc Capital Improvement Plan FY 2021-2022 Project Title: Alley Improvement Phase FY 2021-22 Munis Project Code: CDBG-22001 #180 Section I: Description District Nos: 4 Project Length Priority FY 21 projects are anticipated to include Two Alley Improvement projects of approximately $413,150 ($344,347 to Public Works and $68,803 in Activity Delivery Costs). Improve Alleyways that suffer from damaged pavement and poor drainage by removing existing pavement, installing drainage systems, and repaving each alleyway. Justification/factor driving project Council annually approves the CDBG program. FY 21 Total Federal Allocation is anticipated at $659,204. Additional Information Appropriating addition $37,500 in 2021122 funds and $87,500 from 2022123 funding Section II: Estimated Project Costs Expenditure Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget Contracts $ - $ 518,150 $ 518,150 Internal Staff $ $ 20,000 $ 20,000 Total Capital Costs $ - $ - $ 538,150 $ - $ - $ - $ - $ - $ 538,150 Section III: Funding Sources/Methods of Financing Funding Source(s) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget 350 - Commmunity Develop Block Grant -H $ - $ 538,150 $ 538,150 Total Project Financing $ - $ - $ 538,150 $ - $ - $ $ $ - $ 538,150 Section IV Operating Budget Impact Operating Cost or (savings) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget Personnel $ - $ - Other Operating Costs $ - $ - Total Operating Impact $ - $ - $ - $ - $ - $ - $ - $ - $ - RESOLUTION NO. 2022-89 A RESOLUTION OF THE LODI CITY COUNCIL REJECTING THE LOW BID AS NON-RESPONSIVE; AWARDING THE CONTRACT FOR ALLEY IMPROVEMENT PROJECT — PHASE 9 (2021) TO B & M BUILDERS, INC., OF RANCHO CORDOVA; AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS; AND FURTHER APPROPRIATING FUNDS WHEREAS, on November 17, 2021, the Council approved plans and specifications for the Alley Improvement Project, and authorized the City Manager to award the contract to the lowest bidder in an amount not to exceed $344,000 and execute change orders in an amount not to exceed $30,000; and WHEREAS, the City received the following three bids on March 2, 2022: Above/(Below) Bidder Location Bid Engineer's Estimate Consolidated Engineering's Valley Springs $362,156.80 $41,744.80 B & M Builders, Inc. Rancho Cordova $399,909.00 $79,497.00 FBD Vanguard Const., Inc. Livermore $520,812.00 $200,400.00 *Consolidated Engineering's bid was deemed unresponsive as it did not include the Receipt of Addendum No. 1. WHEREAS, factors contributing to the low bid exceeding the Engineer's Estimate include market forces subject to historic inflation and material and supply shortages, and the short supply of available contractors; and WHEREAS, staff recommends rejecting the low bid as non-responsive and awarding the contract for Alley Improvement Project — Phase 9 (2021) to B & M Builders, Inc., of Rancho Cordova, in the amount of $399,909; and WHEREAS, staff further recommends authorizing the City Manager to execute change orders in an amount not to exceed $40,000; and WHEREAS, staff further recommends appropriating funds in the amount of $37,500 from the 2021/22 CDBG Funds (35099000.77020) and $87,500 from the 2022/23 CDBG Funds (35099000.77020). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject the low bid as non-responsive and award the contract for Alley Improvement Project — Phase 9 (2021) to the lowest responsive bidder, B & M Builders, Inc., of Rancho Cordova, California, in the amount of $399,909; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract and change orders in an amount not to exceed $40,000; and BE IT FURTHER RESOLVED, that the Lodi City Council does hereby appropriate funds in the amount of $37,500, 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 20, 2022 I hereby certify that Resolution No. 2022-89 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 20, 2022 by the following votes: AYES' COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES- COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-89