HomeMy WebLinkAboutAgenda Report - October 19, 2022 C-08CITY OF
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AGENDA ITEM
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COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Awarding Contract for Grape Stake Replacement Project — Phase 1,
to Superior Industry Builders, of Merced ($218,221); Authorizing City Manager to
Execute Change Orders ($20,000); and Appropriating Funds ($38,221)
MEETING DATE: October 19, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution awarding contract for Grape Stake Replacement
Project — Phase 1, to Superior Industry Builders, of Merced, in the
amount of $218,221; authorizing City Manager to execute Change
Orders in an amount not -to -exceed $20,000; and appropriating funds in the amount of $38,221.
BACKGROUND INFORMATION: From the 1970's through the 1990's there were various subdivisions
that constructed approximately 3 miles of grape stake fences along
major roadways. These fences were typically constructed to comply
with Specific Plans that had been previously adopted by Council and are the City's long-term maintenance
responsibility.
This project, consisting of approximately one mile of fencing, will be the first phase in replacing the older
stakes (that are broken, stained and/or faded) with new ones. On August 17, 2022 Council approved the
specifications and authorized the advertisement for bids for this project (see attached Exhibit A for locations).
The bid opening date was Wednesday, September 7, 2022. No bids were received for the project. Staff
spoke with a few of the perspective bidders after the due date to determine why they did not bid. They
believed that there would be a high number of bidders and did not feel that their bid was likely to be the
lowest.
Section 20166 of the California Public Contract Code states that, "If no bids are received, the legislative body
may have the project done without further complying with this chapter."
After being notified that no bids were received, staff informed perspective bidders that the City would still be
receiving bids (by email) for anyone interested in the contract. Staff received one bid as follows:
Bidder Location Bid Above/(Below)
Estimate
Engineer's Estimate $ 260,000.00
Superior Industry Builders Merced $ 218,221.00 $ (31,779.00)
Superior Industry Builders has held five different contracts with the City of Lodi in the past three years. All
contracts were successfully completed without incident. Additionally, their bid was 16% below the project
estimate.
APPROVED: Andrew Keys
Stephen Schwabauer, City Manager
\\cvcfilv02Npubwks$\WP\PROJECTS\STREETS\Grape Stake Replacement\CAward doc
9/29/2022
Adopt Resolution Awarding Contract for Grape Stake Replacement Project — Phase 1, to Superior Industry Builders, of Lodi ($218,221); Authorizing City Manager to
Execute Change Orders ($20,000); and Appropriating Funds ($38,221)
October 19, 2022
Page 2
Staff recommends adopting a resolution awarding contract for Grape Stake Replacement Project — Phase 1,
to Superior Industry Builders, of Merced, in the amount of $218,221; authorizing City Manager to execute
Change Orders in an amount not -to -exceed $20,000; and appropriating funds in the amount of $38,221.
FISCAL IMPACT: The project will reduce staff time and ongoing maintenance costs associated
with these failing fence sections. Based on the lifespan of the original fence
installations, the new grape stake fences will last between 20 and 30 years.
FUNDING AVAILABLE: Fiscal Year 2022/23 Budget:
Street Fund (30099000.77020): $ 50,000
General Fund Capital (43199000.77020). $ 150,000
Requested Appropriation
Street Fund 30099000.77020 38,221
Total: $ 238,221
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/cd
Attachments
Exhibit A
Grape Stake Replacement
Phase 1
Legend
Phase 1 Location
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GRAPE STAKE REPLACEMENT PROJECT
PHASE1 CONTRACT
CITY OF LODI, CALIFORNIA
THIS CONTRACT made by and between the CITY OF LODI, State of California, herein
referred to as the "City," SUPERIOR INDUSTRY 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 11 - 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 09/30/22
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:
The work consists of replacing 5,200 feet of grape stake fencing and other incidental and
related work, all as described in the specifications for the project.
For additional bid item descriptions refer to Section 6-07 "Description of Bid Items".
CONTRACT ITEMS
Item Description Qty Unit Unit Price Total
1 Grape Stake Fence Replacement 5,200 LF $ 41.96557 $218,221.00
TOTAL $ 218,221.00
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 120 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
contract 4.2 09/30122
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.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date written below.
CONTRACTOR:
M
Title
(CORPORATE SEAL)
CITY OF LODI, a municipal corporation
0
STEPHEN SCHWABAUER
City Manager
Date:
Attest:
OLIVIA NASHED
City Clerk
Approved As To Form:
JANICE D. MAGDICH
City Attorney
contract 4.3 09/30/22
Capital Improvement Program - Maintenance
FY 2022-2023
Maintenance Project Title:
Grapestake Fense Repair
Munis Project Code:
PWST-20004
#41
Section I:Description
District Nos:
Citywide Project Length
7/20-6/23
Priority
Normal
This project is to repair damaged grapestake reverse frontage fence throughout Lodi.
Justification/factor driving project
This is a public fence maintenance project.
Additional Information
Public Works staff will be purchasing materials and will perform the repairs.
Section II
Estimated Project Costs
Expenditure
Prior Years FY 21122
FY 22123
FY 23124 FY 24125
FY 25126 FY 26127 FY 27128 FY 28129
FY 29130 Future Yrs
Total
Estimate
Budget
Contracts
$ 50,000 $ 150,000
$ 37,221
_
N/A
$ 237,221
Internal Staff
$ -
$ 1,000
N/A
$ 1,000
$
N/A
$
$
N/A
$
Total Capital Costs
$ 50,000 $ 150,000
$ 38,221
$ $
_ _
$
NIA
$ 238,221
Section III
Funding Sources/Methods of Financing
Funding Source(s)
Prior Years FY 21122 I
FY 22123
FY 23124 FY 24125
FY 25126 FY 26127 FY 27128 FY 28129
FY 29130 Future Yrs
Total
Estimate
Budget
300 - Street Fund
$ 50,000
$ 38,221
N/A
$ 88,221
431 - Capital Outlay/General Fund
$ - $ 150,000
N/A
$ 150,000
$
N/A
$
$
N/A
$
Total Project Financing
$ 50,000 $ 150,000 1
$ 38,221
$ $
$
NIA
$ 238,221
RESOLUTION NO. 2022-247
A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT
FOR GRAPE STAKE REPLACEMENT PROJECT — PHASE 1 TO SUPERIOR
INDUSTRY BUILDERS, OF MERCED; AUTHORIZING THE CITY MANAGER
TO EXECUTE CHANGE ORDERS; AND FURTHER APPROPRIATING FUNDS
WHEREAS, from the 1970's through the 1990's, there were various subdivisions that
constructed approximately three miles of grape stake fences along major roadways, that were
typically constructed to comply with Specific Plans that had been previously adopted by Council
and are the City's long-term maintenance responsibility; and
WHEREAS, on August 17, 2022, Council approved the specifications and authorized
the advertisement for bids for this project; and
WHEREAS, the bid opening date was Wednesday, September 7, 2022, and no bids
were received for the project; and
WHEREAS, Section 20166 of the California Public Contract Code states that, "If no bids
are received, the legislative body may have the project done without further complying with this
chapter"; and
WHEREAS, after being notified that no bids were received, staff informed prospective
bidders that the City would still be receiving bids (by email) for anyone interested in the
contract. Staff received one bid as follows:
Bidder Location Bid Above/(Below)
Estimate
Superior Industry Builders Merced $ 218,221 $ (31,779)
WHEREAS, staff recommends awarding the contract for Grape Stake Replacement
Project — Phase 1 to Superior Industry Builders, of Merced, in the amount of $218,221 and
authorizing City Manager to execute Change Orders in an amount not to exceed $20,000; and
WHEREAS, staff further recommends appropriating funds in the amount of $38,221 to
the Street Fund (30099000.77020).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award
the contract for Grape Stake Replacement Project — Phase 1 to Superior Industry Builders, of
Merced, California, in the amount of $218,221; 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 $20,000;
and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds
in the amount of $38,221 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: October 19, 2022
I hereby certify that Resolution No. 2022-247 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held October 19, 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
2022-247