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HomeMy WebLinkAboutAgenda Report - May 2, 2018 C-07CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM c-7 TM AGENDA TITLE: Adopt Resolution Awarding Contract for Henry Glaves Playground Improvements to Randolph Pierson doing business as Stratus Construction Company ($68,000) MEETING DATE: May 2, 2018 PREPARED BY: Public Works Director RECOMMENDED ACTION Adopt resolution awarding contract for Henry Glaves Playground Improvements to Randolph Pierson doing business as Stratus Construction Company, in the amount of $68,000. BACKGROUND INFORMATION: This project includes replacing playground surfacing material, removing existing playground equipment, installing new City - supplied playground equipment, and installing an Americans with Disabilities Act (ADA) -accessible concrete ramp. The playground equipment at Henry Glaves Park is approximately 24 years old and in need of replacement. Many of its original features have been removed because of safety hazards. The City Council approved using available Parks Capital funds for this project on June 21, 2017 and authorized purchase of playground equipment for Henry Glaves Park on January 17, 2018. The work consists of removing the existing playground equipment, concrete footings, non -woven fabric, and engineered wood fiber; salvaging approximately 100 yards of existing engineered wood fiber safety surfacing; assembling and installing a new playground equipment structure provided by the City of Lodi; installing new non -woven fabric, new and salvaged engineered wood fiber, and an ADA -accessible concrete access ramp; and providing a third -party playground inspection, and other incidental and related work, all as shown on the plans and specifications for the project. The new playground must comply with ADA and Consumer Product Safety Commission guidelines, American Society for Testing and Materials standards, and certification from a State -required, third -party testing organization for playground surfaces and equipment. The plans and specifications for this project were approved on February 21, 2018. The City received the following five bids for this project on April 4, 2018: Bidder Engineer's Estimate Stratus Construction Co. Who Built Creative Builders Community Playgrounds Docon, Inc. Swierstok Enterprises, Inc. *Corrected Amount Location Stockton Petaluma Vallejo Ceres Orangevale Above/(Below) Bid Engineer's Estimate $78,000.00 $68,000.00 ($10,000.00) $76,343.00* ($1,657.00) $82,233.00 $4,233.00 $82,825.57 $4,825.57 $108,300.00 $30,300.00 APPROVED: phen ch K:\WP\PROJECTS\PARKS\Henry Glaves Park\Playground Improvements\CAward abauer, City Manager 4/18/2018 Adopt Resolution Awarding Contract for Henry Glaves Playground Improvements to Randolph Pierson doing business as Stratus Construction Company ($68,000) May 2, 2018 Page 2 Staff recommends awarding contract for Henry Glaves Playground Improvements to Randolph Pierson, a sole proprietor, doing business as Stratus Construction Company, in the amount of $68,000. FISCAL IMPACT: The project will have a minimal impact on annual maintenance costs, and will reduce the City's exposure to claims related to the condition of playground surfaces. This project will not impact the General Fund. FUNDING AVAILABLE: Parks Capital (43299000.77020). '6411L -t: .., Andrew Keys "- Deputy Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director Prepared by Jinni Billigmeier, Associate Civil Engineer CES/JB/tdb Attachment cc: PRCS Director K:\WP\PROJECTS\PARKS\Henry Glaves Park\Playground Improvements\CAward.doc 4/18/2018 HENRY GLAVES PARK PLAYGROUND IMPROVEMENTS 2206 Oxford Way 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 RANDOLPH PIERSON, a sole proprietor, doing business as STRATUS CONSTRUCTION COMPANY, 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 General Provisions Special Provisions Bid Proposal Contract Contract Bonds Plans 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. ARTICLE 111 - 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 4.1 04/09/18 K \WP:PROJECTSTARKSAlenry Glaves Park`vPlayground ImprovementONTRACT.doc 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: Perform the work necessary to remove the existing playground equipment, concrete footings, non -woven fabric, and engineered wood fiber; assemble and install a new playground equipment structure provided by the City of Lodi; install new non -woven fabric, new and salvaged engineered wood fiber, and an ADA accessible concrete access walkway; and provide a 3rd party playground inspection, and other incidental and related work, all as shown on the plans and specifications for the project. See Section 6-07 "Description of Bid Items" for additional information. BID ITEMS Item Description Qty Unit Unit Cost Total 1 Temporary Fencing 1 LS $3,600.00 $3,600.00 2 Playground Equipment 1 LS $35,400.00 $35,400.00 3 Non -Woven Geotextile Fabric 1 LS $9,000.00 $9,000.00 4 Engineered Wood Fiber 1 LS $11,800.00 $11,800.00 5 ADA Accessible Concrete Walkway 1 LS $4,800.00 $4,800.00 6 3fa Party Final Playground Inspection and Reporting 1 LS $3,400.00 $3,400.00 TOTAL $68,000.00 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 4.2 K.MIPIPROJECTSyPARKS-Henry Glaves Park'vPlayyround Improvementsv.CONTRACJ doc 04/09/18 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 20 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. 4.3 K.1WPtPROJECTS`,PARKS\Henry Glaves Park\Playgrou,nd Improvements\CONTRACT doc 04/09/18 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: STEPHEN SCHWABAUER City Manager By: Date Title Attest: JENNIFER M. FERRAIOLO City Clerk (CORPORATE SEAL) Approved As To Form: JANICE D. MAGDICH City Attorney 4.4 K \VJP\PROJECTSTARKS\Hen.ry Glaves Park\Playground Improvements\CONTRACT doc 04/09/18 RESOLUTION NO. 2018-72 A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT FOR HENRY GLAVES PLAYGROUND IMPROVEMENTS TO RANDOLPH PIERSON, DOING BUSINESS AS STRATUS CONSTRUCTION COMPANY, 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 April 4, 2018, at 11:00 a.m., for the Henry Glaves Playground Improvements, described in the plans and specifications therefore approved by the City Council on February 21, 2018; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: Above/(Below) Bidder Bid Engineer's Estimate Stratus Construction Company $68,000.00 ($10,000.00) Who Built Creative Builders $76,343.00* ($1,657.00) Community Playgrounds $82,233.00 $4,233.00 Docon, Inc. $82,825.57 $4,825.57 Swierstok Enterprises, Inc. $108,300.00 $30,300.00 *Corrected Amount WHEREAS, staff recommends that the City Council award the contract for Henry Glaves Playground Improvements to Randolph Pierson, a sole proprietor, doing business as Stratus Construction Company, in the amount of $68,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for Henry Glaves Playground Improvements to Randolph Pierson, a sole proprietor, doing business as Stratus Construction Company, of Stockton, California, in the amount of $68,000; 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 of Lodi. Dated: May 2, 2018 I hereby certify that Resolution No. 2018-72 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 2, 2018 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None NIFE :L . FERRAIOLO City Clerk 2018-72