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Home My WebLink AboutAgenda Report - December 1, 2021 C-04AGENDA ITEM Caa4 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Plans and Awarding Contract for Blakely Park Sport Fields & Irrigation Improvements to Emert Construction, of Stockton ($896,872), Authorizing City Manager to Execute Change Orders ($135,000), and Transfer Funds ($120,000) MEETING DATE: PREPARED BY: December 01, 2021 Public Works Director RECOMMENDED ACTION: Adopt resolution approving plans and awarding Contract for Blakely Park Sports Fields and Irrigation Improvements to Emert Construction, of Stockton, in the amount of $896,872, authorizing City Manager to execute change orders in an amount not to exceed $135,000, and transferring funds in the amount of $120,000. BACKGROUND INFORMATION: In 2017, the City was awarded a grant from the State Parks, Office of Grants and Local Services in the amount of $882,340 for the Blakely Park Sports Fields and Irrigation Improvements (Project). The grant is contingent on the Project including water conservation measures and construction being completed by June 30, 2025. With construction costs increasing every year, Staff recommends proceeding with the project at this time. This project provides for new turf, irrigation system, basketball court, soccer field, and baseball diamond renovations at Blakely Park. The new irrigation system, including a booster pump, is estimated to save approximately 1 million gallons of water per year. The specifications for this project were approved on August 18, 2021. The City received the following bids for this project on November 03, 2021: The bid received from Marina Landscape failed to include Addendum No. 1 and was deemed non- responsive. APPROVED: Steve SchWabaUer Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Blakely Park\Ball Field\CAward,docx 11117/2021 Above/(Below) Bidder Location Bid Engineer's Estimate Engineer's Estimate $864,910.00 *Marina Landscape Orange $864,105.00 $(805.00) Emert Construction Stockton $896,872.00 $31,962.00 A.M. Stephens Construction Lodi $1,035,889.00 $170,979.00 Stockbridge General Contracting Clovis $1,215,068.00 $350,158.00 Suarez & Munoz Construction Hayward $1,237,340.00 $372,430.00 "non-responsive The bid received from Marina Landscape failed to include Addendum No. 1 and was deemed non- responsive. APPROVED: Steve SchWabaUer Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Blakely Park\Ball Field\CAward,docx 11117/2021 Adopt resolution approving plans and awarding Contract for Blakely Park Sports Fields and Irrigation Improvements to Emert Construction, of Stockton, in the amount of $896,872, authorizing City Manager to execute change orders in an amount not to exceed $135,000, and transferring funds in the amount of $120,000. December 01, 2021 Page 2 The lowest responsive bid received from Emert Construction, came in higher than the Project grant amount, not including contingencies. Staff proposes to offset the funding deficit by transferring funds allocated for the Legion Park Community Room Renovation, as that project is of lower priority. Staff recommends approving plans and awarding contract for Blakely Park Sports Fields and Irrigation Improvements to Emert Construction, of Stockton, in the amount of $896,872, authorizing City Manager to execute change orders in an amount not to exceed $135,000, and transferring funds in the amount of $120,000. FISCAL IMPACT: The current adopted budget is insufficient to complete the Blakely Park project as currently scoped. An additional $120,000 is needed to cover contingency and internal staff costs for project related work. Staff recommends transferring $120,000 of the $140,000 that is allocated for the Legion Park Community Room Renovation project which intended to bring it up to rentable conditions. While the community room has the potential to be a source of revenue for the department its overhaul is not critical to the immediate improvement of the parks system. The majority of the Blakely project will be funded through a state grant and has a project deadline of March of 2025. The improvements will make Blakely a more usable park for the residents of Lodi, enhancing quality of life for the neighborhood. Should Council accept staff's recommendation, PRCS plans to use the remaining $20,000 allocated for Legion for immediate cosmetic repairs and anticipates requesting additional funding in the future to complete the originally intended project. FUNDING AVAILABLE: Budgeted Fiscal Year 2021/22 - State Grant Funds (20599000.77020): $ 882,340 Parks Capital (43299000.77020): $ 30,000 Requested Transfer: From PKCP-22001. Contracts (Legion Park Project) To PKCP-20003. Contracts (432) $ 120,000 TOTAL: $ 1,032,340 Susan Bjork, Budget Manager for: Andrew Keys Deputy City Manager/Internal Services Director J_j� LLD Charles E. Swimley, Jr. Public Works Director Prepared by Alice Bernardino, Associate Civil Engineer CES/AB/cd Attachments cc: Parks Project Coordinator PRCS Director, Jaromay \\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Blakely Park\Ball Field\CAward.docx 11/17/2021 BLAKELY PARK SPORT FIELDS & IRRIGATION IMPROVEMENTS 1050 South Stockton Street 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 EMERT CONSTRUCTION, 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 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 !I! - 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. CONTRACT 4.1 11/04/21 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 renovating 5.5 acres of existing park property. The existing turf must be stripped, and regraded for new park improvements. Work shall also include the installation of a new 4 -inch water service, new electrical, removal, replacement and installation of new concrete and chain link fencing. Other new work shall include re -construction of (2) ball diamonds, new basketball court, sports field amenities, VFD irrigation booster pump, automatic irrigation system, hybrid Bermuda sod, hydro -seeded turf, underground utilities 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 Ut i LS LS LS Unit Price $ 40,400.00 $ 17,641.00 $ 92,234.00 Total 1 Furnish and Install SWPPP 1 $ 40,400.00 $ 17,641.00 i. $ 92,234.00 2 Mobilization Traffic Control and Temporary Facilities 1 1 3 Demolition, Clearing, Grubbing and Grading 4 Concrete Walkways Construct Fencing and Man -gate for Irrigation Enclosure 5,650 SF $ 14.26 $ 80,569.00 5 1 LS $ 18,370.00 $ 18,370.00 6 Water and Irrigation System 1 LS $ 220,242.00 $ 220,242.00 7 Concrete Basketball Court and Accessories 1 LS $ 66,432.00 $ 66,432.00 8 Baseball Backstops, Infield, and Accessories 1 LS $ 110,150.00 $ 110,150.00 9 Furnish Non -Tip Soccer Goals 1 LS $ 5,000.00 $ 5,000.00 10 Big Roll Hybrid Bermuda Sod 98,000 SF $ 1.53 $ 149,940.00 11 Hydro -seeded Turf 126,200 SF $ 0.45 $ 56,790.00 12 90 Day Landscape Maintenance Period 1 LS $ 39,104.00 $ 39,104.00 TOTAL $ 896 872.00 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 CONTRACT 4.2 11/04/21 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 100 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. 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 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. CONTRACT 4.3 11/04/21 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: Title STEPHEN SCHWABAUER City Manager Date: Attest: JENNIFER CUSMIR City Clerk (CORPORATE SEAL) Approved As To Form: JANICE D. MAGDICH ,,KCity Attorney CONTRACT 4.4 11/04/21 Capital Improvement Plan FY 2021-2022 Project Title: Blakely Park Sports Fields I Munis Project Code: PKCP-20003 #6 Section I: Description District Nos: 4 Project Length 11/19-8/21 Priority Normal Renovation of Blakely Park ball fields, construction of new basketball court, installation of irrigation equipment, including booster pump. Work also includes up -dating electrical and water infrastructure, new chain link fencing and concrete flat work. Justification/factor driving project Awarded State grant of $882,340. Must be completed by 2025. Additional Information Grant YR -39-001 Blakely Park Sports Fields; $60,000 appropriated in FY 18/19 in Parks Capital for City staff/permitting costs not expended. Rolling that forward to FY 19/20. Section II: Estimated Project Costs Expenditure Prior Years FY 20/21 FY 21/22 FY 22/23 FY 23124 FY 24/25 FY 25/26 Future Yrs Total Estimate Budget Contracts $ - $ 882,340 $ 120,000 $ 1,002,340 Internal Staff $ - $ 30,000 $ 30,000 Total Capital Costs $ - $ 912,340 $ 120,000 $ _ - $ - $ - $ - $ - $ 1,032,340 Section III: Funding Sources/Methods of Financing Funding Source(s) Prior Years FY 20121 FY 21/22 FY 22/23 FY 23124 FY 24125 FY 25/26 Future Yrs Total Estimate Budget 205 - Parks State Grants $ - $ 882,340 $ 882,340 432 - Parks&Rec Capital $ - $ 30,000 $ 120,000 $ 150,000 Total Project Financing $ - $ 912,340 $ 120,000 $ - $ - $ - $ - $ - $ 1,032,340 Section IV Operating Budget Impact Operating Cost or (savings) Prior Years FY 20121 FY 21/22 FY 22/23 FY 23124 FY 24125 FY 25/26 Future Yrs Total Estimate Budget Personnel $ - $ - Other Operating Costs $ - $ - Total Operating Impact $ - $ - $ - $ - $ - $ - $ - $ - $ - Capital Improvement Plan FY 2021-2022 Project Title: Legion Park Comm Building Renovation I Munis Project Code: #187 Section I: Description District Nos: 3 Project Length 60 Days Priority HIGH This is a revenue generating rental space that has been taken offline due to poor conditions. Project scope includes renovating the interior of the community building to include: new windows, doors, flooring, cabinetry work, electrical upgrades, restroom fixtures and sewer line improvements. In addition, new tables and chairs are also included in this scope of this renovation project. Justification/factor driving project Due to its prime, centalized location - Legion Park and it's amenities are heavily used and in high demand. This is a rentable space that has become a lost revenue opportunity due to unacceptable facility conditions. No improvements to this space have been conducted in over 30 years. Additional Information 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 $ - $ 5,000 $ 5,000 Internal Staff $ - $ 15,000 $ 15,000 Total Capital Costs $ - $ - $ 20,000 $ - $ - 1 $ - $ - $ - $ 20,000 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 432 - Parks&Rec Capital $ $ 20,000 $ 20,000 Total Project Financing $ - $ - $ 20,000 $ - $ - $ - $ - $ - $ 20,000 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. 2021-315 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING PLANS AND AWARDING THE CONTRACT FOR BLAKELY PARK SPORT FIELDS AND IRRIGATION IMPROVEMENTS TO EMERT CONSTRUCTION, OF STOCKTON; AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS; AND TRANSFERRING FUNDS WHEREAS, in 2017, the City was awarded a grant from the State Parks, Office of Grants and Local Services in the amount of $882,340 for the Blakely Park Sports Fields and Irrigation Improvements; and WHEREAS, this project provides for new turf, irrigation system, basketball court, soccer field, and baseball diamond renovations at Blakely Park. The new irrigation system, including a booster pump, is estimated to save approximately 1 million gallons of water per year; and WHEREAS, the specifications for this project were approved on August 18, 2021, and the City received the following bids for this project on November 03, 2021: WHEREAS, the bids for this project came in higher than the grant amount awarded for the project, therefore, staff proposes to offset the funding deficit by transferring funds allocated for the Legion Park Community Room renovation (PKCP-22001. Contracts) which was approved in the FY 22 CIP Program; and WHEREAS, staff recommends approving plans and awarding the contract for Blakely Park Sports Fields and Irrigation Improvements to Emert Construction, of Stockton, in the amount of $896,872; and WHEREAS, staff further recommends authorizing the City Manager to execute change orders in an amount not to exceed $135,000; and WHEREAS, staff further recommends transferring funds in the amount of $120,000 from the Legion Park Community Room Project (PKCP-22001. Contracts) to the Blakely Park Sports Field Improvements Project (PKCP-20003. Contracts. Parks). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the plans and award the contract for Blakely Park Sports Fields and Irrigation Improvements to Emert Construction, of Stockton, California, in the amount of $896,872; 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 $135,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the transfer of funds in the amount of $120,000 as set forth above; and Above/(Below) Bidder Location Bid Engineer's Estimate Marina Landscape* Orange $864,105 $(805) Emert Construction Stockton $896,872 $31,962 A.M. Stephens Construction Lodi $1,035,889 $170,979 Stockbridge General Contracting Clovis $1,215,068 $350,158 Suarez & Munoz Construction Hayward $1,237,340 $372,430 *non-responsive WHEREAS, the bids for this project came in higher than the grant amount awarded for the project, therefore, staff proposes to offset the funding deficit by transferring funds allocated for the Legion Park Community Room renovation (PKCP-22001. Contracts) which was approved in the FY 22 CIP Program; and WHEREAS, staff recommends approving plans and awarding the contract for Blakely Park Sports Fields and Irrigation Improvements to Emert Construction, of Stockton, in the amount of $896,872; and WHEREAS, staff further recommends authorizing the City Manager to execute change orders in an amount not to exceed $135,000; and WHEREAS, staff further recommends transferring funds in the amount of $120,000 from the Legion Park Community Room Project (PKCP-22001. Contracts) to the Blakely Park Sports Field Improvements Project (PKCP-20003. Contracts. Parks). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the plans and award the contract for Blakely Park Sports Fields and Irrigation Improvements to Emert Construction, of Stockton, California, in the amount of $896,872; 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 $135,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the transfer of funds in the amount of $120,000 as set forth above; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. 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: December 1, 2021 I hereby certify that Resolution No. 2021-315 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 1, 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 w N FE U MIR City Clerk 2021-315