HomeMy WebLinkAboutAgenda Report - March 1, 1995 (65)oF� CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Washington School Playground Equipment Contract
MEETING DATE: March 1, 1995
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council rescind the contract award to Benton Fence and
Drilling and authorize staff to fulfill its obligation to the Lodi Unified
School District by purchasing the playground equipment for
Washington School directly from the supplier and, by using purchase
orders for the work needed, to install the equipment and complete the project as described below.
BACKGROUND INFORMATION:. In June 1994, the City entered into an agreement with the .Lodi
Unified School District to dedicate a well site at Washington School
in exchange for the purchase and installation of playground
equipment at the same school.
On July 8, 1994, Council approved plans and specifications to install the playground equipment at
Washington School. Only two bids were received for this work and the low bidder was Benton Fence
and Drilling of Galt. The total contract amount was $32,469.46 which included $2,875.00 in additional
work being paid for by the School District. Eagle Enterprises, the other bidder, was significantly higher
($41,279.00) than both the engineer's estimate and Benton Fence and Drilling. The State Licensing
Board was contacted prior to the award of the contract and the City was informed that Benton Fence
and Drilling's contractor's license and bonds were current and active. Council awarded the contract to
Benton Fence and Drilling on September 15, 1994, and a preconstruction meeting was held with
Benton Fence and representatives from the School District on September 28, 1994.
The contract and instructions for bonding and insurance were sent to Benton Fence the week after
Council awarded the contract. The original contract papers were misplaced by the contractor and a
second set of contract documents was sent. Benton Fence has signed and returned the contract and
also submitted general liability insurance naming the City of Lodi as an additional insured. Mr. Benton
was contacted last October on the status of his bonds and, at that time, he told the City he was having
trouble getting his bonding company to complete the paperwork. In December, Mr. Benton informed
the City he had switched bonding companies and the new bonding agency was reviewing his
application and doing a background check on his company. Last month, Mr. Benton said his new
bonding company was still reviewing his application and his concrete subcontractor was willing to have
his bonding company provide the surety for the project. City staff offered to allow the subcontractor to
provide the necessary bonds as long as they would name Benton Fence and cover the entire contract.
As of this date, February 22, 1995, the City has still not received any bonds for this project.
C,.
APPROVED: t,
THOMAS A. PETERSON recycled paper
City Manager
cc -1
CRUSENTAOC 2121195
Washington School Playgrounu Equipment Contract
March 1, 1995
Page 2
Section 2.800, "Execution of Contract", of this project states that, "No proposal shall be considered
binding upon the City until the execution of the contract." This contract has not been executed because
the labor and material bond, the faithful performance bond and auto liability insurance have not been
submitted or approved by the City. Staff is now asking Council to rescind the award of the contract to
Benton Fence and Drilling, allow staff to purchase the playground equipment directly from the supplier
and issue a purchase order to have the equipment installed. Staff has obtained the names of three
installers of playground equipment and is in the process of obtaining quotes from each of them. The
City has an annual contract for miscellaneous concrete work and staff would like to use this contractor
to install the concrete curbing, handicap ramps and the flatwork included in the scope of work.
Following this course of action will allow us to finish the project in roughly the same amount of time as it
would take to rebid and award a new contract. We will also retain the 10 percent bid security provided
by Benton Fence and use it toward any additional direct costs incurred in completing the project. We
would also apply it to any increased costs on the portion of the work funded by the District.
Since the agreement was signed last year, the City has installed all the underground work, drilled the
well, and has almost completed the fencing and driveway on the site. The contract for the well's pump
and motor has been awarded and all the electrical work should be completed in the next two months.
In the meantime, the children of Washington School have gone without a playground. The Lodi Unified
School District staff and the parents at Washington School have been extremely patient and we would
like to get the playground equipment installed as soon as possible.
FUNDING: Originally Budgeted: 1993/94
Budgeted Fund: Water Development Impact Mitigation Fee
Current Appropriation: $ 331,000.00
Total Project Estimate: $ 34,000.00 (this phase)
Bid Opening Date: September 7, 1994
Jack L. Ronsko
Public Works Director
Prepared by Wesley K. Fujitani, Senior Civil Engineer
JLR/WKFArn
cc: City Attorney
Lodi Unified School District - Facility Planning
Principal Morehead, Washington School
Benton Fence and Drilling
CREJBENT.DCC 2122/95
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY C. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIECLOCK
CITY OF LODI
Benton Fence and Drilling
Attn: Dick Benton
11729 Langford Road
Galt, CA 95632
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6795
February 23, 1995
SUBJECT: Washington School Playground Equipment Contract
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
Enclosed is a copy of staffs recommendation to the City Council to rescind the contract
awarded to you on September 15, 1994. The Council Meeting at which this will be
considered is on Wednesday, March 1, 1995, at 7 p.m. The meeting will be held in the
City Council Chamber, Carnegie Forum, 305 West Pine Street
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to. write to the City Council, please address your letter to City Council, City of
Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail.
Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you Wish to address the Council at the Council meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Richard Prima at
(209) 333-67
4n
ck.nsko
rks Director
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Enclosure
cc: City Clerk
NCRUBEN-00C