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Home My WebLink AboutAgenda Report - December 1, 2021 C-05AGENDA ITEM Cw5 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Awarding Contract for Lodi Lake Riverbank Stabilization Project, to Asta Construction Company Inc., of Rio Vista ($541,013), Authorizing City Manager to Execute Contract Extensions and Change Orders ($50,000), and Appropriating Funds ($134,000) MEETING DATE: PREPARED BY December 1, 2021 Public Works Director RECOMMENDED ACTION: Adopt resolution awarding contract for Lodi Lake Riverbank Stabilization Project to Asta Construction Company, of Rio Vista, in the amount of $541,013.00, authorizing City Manager to execute contract extensions and change orders in an amount not to exceed $50,000, and appropriating funds in the amount of $134,000. BACKGROUND INFORMATION: A portion of the riverbank on the Mokelumne River that runs along the northern boundary of Lodi Lake Park, has become severely eroded in past years and is threatening adjacent park facilities. The erosion has exposed irrigation lines, tree roots, and is causing the collapse of concrete retaining wall structures. The project includes clearing, grubbing, selective tree removal and trimming, concrete slope protection removal and replacement, sod installation, tree planting, and other miscellaneous and related work as shown on the plans and specifications for the project. As noted on the approved plans, approximately 25 non-native, unhealthy trees will be removed with this project. These trees slated for removal represent either small volunteer undergrowth that grew under existing trees, or trees that are at risk of falling into the river. Thirty-five new native trees will be planted to replace those removed. (Exhibit A). Specifications for this project were approved on October 20, 2021. The City received the following 10 bids for this project on November 17, 2021: Bidder Location Bid Above/(Below) Estimate Engineer's Estimate $ 550,750.00 Asta Construction Rio Vista $ 541,013.00 $ (9,737.00) Suulutaaq Inc. Suisun City $ 561,934.00 $ 11,184.00 AM Development Inc. EI Dorado Hills $ 579,395.00 $ 28,645.00 Marshall Brothers Enterprise Livermore $ 596,221.50 $ 45,471.50 Ford Construction Lodi $ 677,575.00 $ 126,825.00 AM Stephens Construction Lodi $ 754,091.20 $ 203,341.20 Diede Construction Woodbridge $ 757,155.00 $ 206,405.00 Hanford ARC Petaluma $ 819,110.00 $ 268,360.00 Wood Bros. Lemoore $ 916,395.00 $ 365,645.00 Innovative Construction Costa Mesa $ 943,535.00 $ 392,785.00 Steve Schwabauer APPROVED; Stephen Schwabauer, City Manager \Ncvcfilv02\pubwks$\WP\COUNCIL\2021 PDF's\120121\Editing\CAward_Lodi Ake Riverbank.doc 11/22/2021 Adopt Resolution Awarding Contract for Lodi Lake Riverbank Stabilization Project, to Asta Construction Company Inc„ of Rio Vista ($541,013), Authorizing City Manager to Execute Contract Extensions and Change Orders ($50,000), and Appropriating Funds ($801,000) December 1, 2021 Page 2 Staff obtained all the permits and agreements for the project, except for the land lease agreement from State Land Commission (SLC). The no -cost land lease agreement is scheduled to be on the February 2022 State Land Commission board meeting for approval. The work along the riverbank under the normal water level cannot be started until the lease agreement is fully executed. This requirement has placed a significant constraint on our project schedule since the work below the normal water level must be performed while the Woodbridge Irrigation District (WID) lowers the water level in the river to perform its annual maintenance on their facilities. The WID annual maintenance activities are generally completed in late February of early March. At this time the river water level is returned to normal. If the proposed work under the normal water level is not complete before WID raises the river water level, the remaining work would need to be postponed and completed in February 2023. Staff is working closely with SLC and WID to make the schedule. Staff recommends awarding contract for Lodi Lake Riverbank Stabilization Project, to Asta Construction Company Inc., of Rio Vista, in the amount of $541,013, authorizing City Manager to execute contract extension and change orders in an amount not to exceed $50,000, and appropriating funds in the amount of $134,000. FISCAL IMPACT: The current adopted budget is insufficient to complete the Lodi Lake Riverbank Stabilization project as currently scoped. An additional $134,000 is needed to cover various contract costs, contingencies, staff time and permitting fees. In review of PRCS current capital projects, only two projects were deemed low priority from which funding could be reallocated. First is the Legion Park Community Room project. On a previous item, Staff recommended reallocating funding from this project to cover the shortfall in the Blakely Park project. The other project is the Small and Large Dog Park Separation and Watering Station project. Staff is not recommending reallocating any of the $100,000 funding from this project at this time, however doing so would not greatly impact the current park system or create any additional risk to park operations. Instead, staff is recommending utilizing General Fund reserves in Fiscal Year 2021 that are in excess of the fund balance requirement of 16%. These reserves are made possible by revenues above estimates and expenses below budget in Fiscal Year 2020/21, primarily Measure L. Without Measure L, staff would have to recommend delaying this project or reducing its scope. FUNDING AVAILABLE: Requested Appropriation: 10095000.76220 General Fund Transfer Out - $134,000 43199000.50001 Capital Outlay Transfer In - $134,000 43199000.77020 Capital Outlay Capital Expense (PKCAP-0047. Contracts. GF) - $134,000 Susan Bjork, Budget Manager for: Andrew Keys Deputy City Manager/Internal Services Director 01�)UD Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang, Deputy Public Works Director/City Engineer CES/LC/cd cc: Public Works Management Analyst Parks/Recreation and Cultural Services Director Senior Civil Engineer KSN Consulting Engineer Asta Construction \\cvcfilv02\pubwks$\WP\COUNCIL\2021 PDF's\120121\Editing\CAward_Lodi Ake Riverbank.doc 11/22/2021 rEtr T—� - uca�i iY ��r 5 u � N awl IIIL will a—j- e i L11 v EXHIBITA 0 MMES WIIHNMaJE1CTMEATDR_hW3 I'SVol 1REE5 W11HN HlD.F1CT AREdTO BE F4 kG'i:: N 11FEES w1HN FFai1CT AREATE1 ff 1RM14 L1 NIX[ ELLIEII TREE TO 1£ PLANTED VAI LEY UKTREES TD W PUNTED hol" 5 1. �.MfNG55WLL AE I�:ILLY9C1.N2GFGf Y.1MA NL.RiI AY S�GRNIhC N NSTNE?hk'I5. � IAS .DFN�LGiYFA FRAYS. PlAN17NGS5WI. LGNSSfa 'Dh fhNl FII: ] Sf CKJ{ B: PA} I h 1 MD 5 GN lCM 1411 X21 :ISF �I# f ING .021 OhS *L. B: 51A('3 NfbI I FL]BY TbI PRDNE.FBOIDGSI 1H1 FNGI{G.ISSWLFf SAF%:AY'dl:]"DET 1'Ar.E 11l f3W "ERAN] 1'ALCE' 1H1 71 P111D1 RIF '0h fdN. -I{I IIC.IS SWI PA Pdf ILL. Y:11IFB Yf 11 I d !TtSC N% x : %.A4'd I I I: Wd1F RA AN, A ail W4i Kri N-WBFT14 �. Th"SAWLIII LMS. Y: G I AGh11: 1 .Dh I w FS AN: Ih51 N I E D Ih g IHF 4PD.1 5. 11-: 117L:5S V.1 71 BAGh 1 1 .: ]'A1114 D{P -ZxW MIX ANG GI N1. Y -APL D DfAh 1G• 51 .D DII S.MFkGS s. _ I NON rr E10d1! vs rtto.o ,n.E_w imar r � LIIf ,A n - i .rJ .Y}i�•1. ;M LODI LAKE RIVERBANK STABILIZATION PROJECT 1101 W TURNER ROAD 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 ASTA CONSTRUCTION, CO., 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 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. 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, 4.1 11/17/21 "r.vrfilvn2\niihwkc&\WP\PRO.IFrTR\PARKS\I onil AKRRivarhank Stahili7atinn PmiArtkrr)NTRArT Mr. 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 includes clearing, grubbing, and selective tree removal and trimming, concrete slope protection removal and disposal, 18 -inch minus quarry stone riprap, 6 -inch minus quarry stone riprap, import fill, sod installation, tree planting, and other miscellaneous and related work as shown on the plans and specifications for the project. CONTRACT ITEMS Item Description QtY Unit Price Total 1 Mobilization Grading, Grubbing, Tree 1 LS $ 20,840.00 $ 20,840.00 2 Trimming and Tree Removal 1 LS $ 55,901.00 $ 55,901.00 3 Concrete Slope Protection Removal and Disposal 1,250 LF $ 41.00 $ 51 250.00 4 18 -Inch Minus Quarry Stone Riprap 6,440 TON $ 43.30 $ 278,852.00 5 6 -Inch Minus Quarry Stone Riprap 1,250 TON $ 42.94 $ 53,675.00 6 Import Fill 1,200 TON $ 48.45 $ 58,140.00 7 Sod Installation 2,200 SF $ 3.05 $ 6,710.00 8 Tree Planting 35 EA $ 447.00 $ 15,645.00 TOTAL $ 541, 013.00 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. 4.2 11/17/21 \\rvrfilvn9\niihwkaR\WP\PRn.IFr.TS\PARKS\I onll AKF\Rivarhank Stahili7atinn Prniart\rnNTRArT Anr. 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 40 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 \\rvrfilvn9\rnihwkcR\WP\PRn.IFrT.R\PARKS\I nnll AKF\Rivarhank StaNU7,ltinn PrniP.rtU;nNTRA(T Mr. 11/17/21 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 0 Title as STEPHEN SCHWABAUER City Manager Date: Attest: JENNIFER CUSMIR City Clerk (CORPORATE SEAL) Approved As To Form JANICE D. MAGDICH City Attorney �K 4.4 \\rvrfivn9\rnihwkq$\WP\PRO.IFrTS\PARKS\I ODII AKF\Rivarhank Stahili7atinn PmiP..r.t\r0NTRArT rinr. 11/17121 Capital Improvement Plan FY 2021-2022 Project Title: Lodi Lake Park Erosion Repair Munis Project Code: PKCAP-0047 #18 Section I: Description District Nos: 1 Project Length Priority Normal State grant and potential City funds to repair eroded riverbank at Lodi Lake Park. Justification/factor driving project Loss of parkland to erosion. Additional Information Specified State grant in FY 2018/19 budget. - in fiscal year 2022, it was determined that the existing budget was not enough to cover the cost of the contract, contingencies, and stafftime. 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 $ 1,000,000 $ - $ 134,000 $ 1,134,000 Total Capital Costs $ 1,000,000 $ - $ 134,000 $ - $ - $ - $ - $ - $ 1,134,000 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 205 - Parks State Grants $ 1,000,000 $ - $ 1,000,000 431 - Capital Outlay/General Fund $ - $ 134,000 $ 134,000 $ - $ - $ - $ - Total Project Financing $ 1,000,000 $ - $ 134,000 $ - $ - $ - $ - $ - $ 1,134,000 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. 2021-316 A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT FOR THE LODI LAKE RIVERBANK STABILIZATION PROJECT TO ASTA CONSTRUCTION COMPANY, INC., OF RIO VISTA; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT EXTENSIONS AND CHANGE ORDERS; AND FURTHER APPROPRIATING FUNDS WHEREAS, a portion of the riverbank on the Mokelumne River northern boundary of Lodi Lake Park has become severely eroded in threatening adjacent park facilities, exposing irrigation lines and tree roots collapse of concrete retaining wall structures; and that runs along the past years and is and is causing the WHEREAS, the project includes clearing, grubbing, selective tree removal and trimming, concrete slope protection removal and replacement, sod installation, tree planting, and other miscellaneous and related work as shown on the plans and specifications for the project; and WHEREAS, the plans and specifications for this project were approved on October 20, 2021. The City received the following 10 bids for this project on November 17, 2021: Bidder Location Bid Above/(Below) Estimate Asta Construction Rio Vista $ 541,013.00 $ (9,737.00) Suulutaaq Inc. Suisun City $ 561,934.00 $ 11,184.00 AM Development, Inc. EI Dorado Hills $ 579,395.00 $ 28,645.00 Marshall Bros. Enterprise Livermore $ 596,221.50 $ 45,471.50 Ford Construction Lodi $ 677,575.00 $ 126,825.00 AM Stephens Const. Lodi $ 754,091.20 $ 203,341.20 Diede Construction Woodbridge $ 757,155.00 $ 206,405.00 Hanford ARC Petaluma $ 819,110.00 $ 268,360.00 Wood Bros. Lemoore $ 916,395.00 $ 365,645.00 Innovative Construction Costa Mesa $ 943,535.00 $ 392,785.00 WHEREAS, the bid received from Asta Construction was found to be responsive; and WHEREAS, staff recommends awarding the contract for the Lodi Lake Riverbank Stabilization Project to Asta Construction Company, Inc., of Rio Vista, in the amount of $541,013; and WHEREAS, staff further recommends authorizing the City Manager to execute the contract, contract extensions, and change orders in an amount not to exceed $50,000; and WHEREAS, staff further recommends authorizing the following appropriations: 10095000.76220 General Fund Transfer Out - $134,000 43199000.50001 Capital Outlay Transfer In - $134,000 43199000.77020 Capital Outlay Capital Expense (PKCAP-0047. Contracts. GF) - $134,000 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for the Lodi Lake Riverbank Stabilization Project to Asta Construction Company, Inc., of Rio Vista, California, in the amount of $541,013; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract, contract extensions, and change orders in an amount not to exceed $50,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize appropriation of funds 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. 2021-316 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 �2JENNIFIEC USMIR City Clerk 2021-316