HomeMy WebLinkAboutAgenda Report - May 5, 2021 C-04AGENDA ITEM Caw4
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Awarding Contract for 2021 Paver Maintenance Project to Earth
Shelter Developers, Inc., of Lodi ($117,898), Authorizing City Manager to Execute
Change Orders ($10,000), and Appropriating Funds ($67,898)
MEETING DATE: May 5, 2021
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution awarding contract for 2021 Paver Maintenance
Project to Earth Shelter Developers, Inc., of Lodi, in the amount of
$117,898, authorizing City Manager to execute change orders in
amount not to exceed $10,000, and appropriating funds in the amount of $67,898.
BACKGROUND INFORMATION: In 1998, the City's Central City Revitalization Improvement Project
installed brick pavers on School Street from Lodi Avenue to
Locust Street. The pavers were installed in the street and in the
middle of the sidewalk (with concrete bands on both sides). Over time, the pavers sink, and/or in many
places, the adjacent concrete, or tree roots, lift the pavers. The uneven pavers at these locations create
potential tripping hazards all along the corridor, exposing the City to potential liability.
In 2015, the City completed its first Downtown Sidewalk Paver Maintenance Project. In February of
2021, Staff conducted a survey of the pavers and identified numerous locations that need to be
addressed. This project will be similar in scope and will address paver offsets that have developed in the
street and sidewalk areas over the past five years. The project includes removing existing pavers,
performing any required root surgery, re -compacting the base below the pavers, and re -installing the
pavers at those locations identified in the survey.
The City received the following three bids for this project on April 7, 2021:
Staff recommends awarding contract for 2021 Paver Maintenance Project to Earth Shelter Developers
Inc., of Lodi, in the amount of $117,898, authorizing City Manager to execute change orders in an
amount not to exceed $10,000, and appropriating funds in the amount of $67,898.
APPROVED:
en Sch au,9f, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\Downtown Paver Maintenance Project%20211 ward.doc 4126/2021
Above/(Below)
Bidder (Location) Base Bid Alt. Bid*
Engineer's Base Est.
Engineer's Estimate $101,805.00 $41,827.50
Earth Shelter Developers (Lodi) $ 72,189.00 $45,709.00
($29,616.00)
Emert Construction (Stockton) $107,358.00 $43,244.00
$ 5,553.00
Soracco (Lodi) $148,080.00 $45,709.00
$46,275.00
*reflects the sum of the bid alternates which includes additional street segments and the Transit Station.
Staff included alternate bid items to address isolated areas along Elm Street, Sacramento Street, and
locations within the Transit facility, as shown on Exhibit A. Since unit bid prices
were favorable, Staff is
recommending Council award the project including the alternate bid items.
Staff recommends awarding contract for 2021 Paver Maintenance Project to Earth Shelter Developers
Inc., of Lodi, in the amount of $117,898, authorizing City Manager to execute change orders in an
amount not to exceed $10,000, and appropriating funds in the amount of $67,898.
APPROVED:
en Sch au,9f, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\Downtown Paver Maintenance Project%20211 ward.doc 4126/2021
Adopt Resolution Awarding Contract for 2021 Paver Maintenance Project to Earth Shelter Developers, Inc., of Lodi ($117,898), Authorizing City Manager to Execute
Change Orders ($10,000), and Appropriating Funds ($67,898)
May 5, 2021
Page 2
FISCAL IMPACT: This contract will improve walkability and minimize tripping hazards and
associated liability in the downtown area.
FUNDING AVAILABLE: Fiscal Year 2020/21 Budget:
Gas Tax (30299000.77020): $ 60,000
Requested Appropriation:
Gas Tax (30299000.77020): $ 56,356
TDA/LTF Capital (60199000.77020)1$ 1,542
Total Appropriation: $ 67,898
TOTAL: $127,898
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
ctf)T�'--u
Charles E. Swimley, Jr -
Public Works Director
Prepared by Alice Bernardino, Assistant Engineer
CES/AB/tc
Attachments
cc: Sean Nathan, Senior Civil Engineer
Andrew Richle, Utilities Superintendent
Signature: 0,ft� xvighj
Email: akeys@lodi.gov
11cvcfrlv021pttbwks$1WPIPROJECTSISTREETSU7owntown Paver Maintenance Prcjecll20211CAward.doc 4/21/2021
Legend
o Bid Alternates Repairs
o Base Bid Repairs
Exhibit A
2021 Paver Maintenace
Locations
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School St. 21
221
220 2
Sacramento St.
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Sacramento St.
8
19
DOWNTOWN PAVER MAINTENANCE PROJECT
VARIOUS LOCATIONS
CITY OF LODI, CALIFORNIA
CONTRACT
THIS CONTRACT made by and between the CITY OF LODI, State of California, herein
referred to as the "City," and EARTH SHELTER DEVELOPERS, 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
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 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
CONTRACT 4.1 04/12/21
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 pavers that have settled or been raised, clean
them, adjust the base elevations, reinstall the pavers, and perform other incidental and
related work, all 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" and
Exhibits A, B, C, and D.
Base Bid Items
Item Description
School Street "Sidewalk and
1 Street Paver" Replacement
(Lodi — Elm)
CONTRACT ITEMS
Qty Unit Unit Price Total
3702 SF $19.50 $72,189.00
TOTAL BASE BID $72,189.00
Additive Alternate Bid Items (all items must be completed)
Item
Al
A2
A3
A4
Description I Qty
Elm Street "Sidewalk and Street 250
Paver" Replacement
School Street "Sidewalk and
Street Paver" Replacement (Elm- 600
Locust)
Transit Station Paver 502
Replacement
Sacramento Street "Sidewalk and
Street Paver" Replacement 169
Unit I Unit Price
SF $42.00
SF $29.00
f Total
I $10,500.00
$17,400.00
I
SF , $21.00 $10,542.00
SF 1 $43.00 1 $7,267.00
TOTAL ALTERNATE BID $45,709.00
TOTAL BID $117,$9$.00
CONTRACT 4.2 04/12/21
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 21 WORKING 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.
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
CONTRACT 4.3 04/12/21
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:
la
Title
(CORPORATE SEAL)
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
Date:
Attest:
JENNIFER CUSMIR
City Clerk
Approved As To Form:
JANICE D. MAGDICH
City Attorney
CONTRACT 4.4 04/12/21
Capital Improvement Program - Maintenance
Maintenance Project Title:
Concrete Paver Maint Prog
Munis Project Code:
PWST-21003
#125
Section (:Description
District Nos:
Project Length 07/20 to 06/25
Priority
Annual contract for sidewalk paver repairs in the City.
Justification/factor driving project
Annual sidewalk paver maintenance work to prevent trips and falls accidents.
Additional Information
Section II
Estimated Project Costs
Expenditure Prior Years
Contracts $ -
Internal Staff $ -
Total Capital Costs $ -
FY 19120
Estimate
$
FY 20121
Budget
125,898
$
FY 21122
28,000
FY 22123 FY 23124
$ 28,000 $ 28,000
$
FY 24125
28,000
Future Yrs
$
Total
237,898
$ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000
$
10,000
$ - $ 127,898 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ -
$
247,898
Section III
M
Funding Sources/Methods of Financing
Funding Source(s) Prior Years
302 - Gas Tax 2103 $ -
601 - Transit - Capital
Total Project Financing $ -
FY 19120
Budget
$ -
$
$
$
FY 20121
116,356
11,542
127,898
$
$
FY 21122
30,000
30,000
FY 22123 FY 23124
$ 30,000 $ 30,000
$ 30,000 $ 30,000
$
$
FY 24125
30,000
30,000
Future Yrs
$ -
I $
$
Total
236,356
236,356
Section IV
Operating Budget Impact
Operating Cost or Prior Years
(savings)
Personnel $ -
Other Operating Costs $ -
Total Operating Impact $ -
FY 19120
Budget
FY 20121
FY 21122
FY 22123
FY 23124
$ -
$
FY 24125
-
Future Yrs
$
$
Total
-
-
$ -
$ -
$ -
$ -
$ -
$
-
RESOLUTION NO. 2021-113
A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE
CONTRACT FOR THE 2021 PAVER MAINTENANCE PROJECT TO
EARTH SHELTER DEVELOPERS, INC., OF LODI; AUTHORIZING
THE CITY MANAGER TO EXECUTE CHANGE ORDERS; 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 April 7, 2021, at 11:00 a.m.,
for the 2021 Paver Maintenance Project, described in the plans and specifications therefore
approved by the City Council on March 17, 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 Alt. Bid*
Earth Shelter Developers (Lodi) $ 72,189.00 $45,709.00
Emert Construction (Stockton) $107,358.00 $43,244.00
Soracco (Lodi) $148,080.00 $45,709.00
"reflects the sum of the bid alternates which includes additional street segments and the Transit Station.
Above/(Below)
Engineer's
Base Est.
($29,616.00)
$ 5,553.00
$46,275.00
WHEREAS, staff included alternate bid items to address isolated areas along Elm Street,
Sacramento Street, and locations within the Transit facility; and
WHEREAS, staff recommends awarding the contract for the 2021 Paver Maintenance
Project to Earth Shelter Developers, Inc., of Lodi, in the amount of $117,898; and
WHEREAS, staff also recommends authorizing the City Manager to execute change
orders in an amount not to exceed $10,000; and
WHEREAS, staff also recommends that the City Council appropriate funds in the amount
of $56,356, from the fund balance of Gas Tax (30299000.77020) and $11,542 from the fund
balance of TDA/LTF Capital (60199000.77020) for Fiscal Year 2020/21.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award
the contract for the 2021 Paver Maintenance Project to Earth Shelter Developers, Inc., of Lodi,
California, in the amount of $117,898; 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 $10,000;
and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds
for the project, in the amount of $67,898, 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: May 5, 2021
I hereby certify that Resolution No. 2021-113 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 5, 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
671ENNIF CUSMIR
City Clerk
2021-113