HomeMy WebLinkAboutAgenda Report - February 1, 2023 C-04CITY OF
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CALIFORNIA
AGENDA ITEM
C404
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Awarding Contract for Blakely Park - Enze Pool Shallow End
Adjustment to Western Water Features, Inc. of EI Dorado Hills, for $197,175 and
Authorizing City Manager to Execute Change Orders ($20,000)
MEETING DATE: February 1, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution awarding contract for Blakely Park - Enze Pool Shallow
End Adjustment to Western Water Features, Inc. of EI Dorado Hills, for
$197,175.00 and authorizing City Manager to execute change orders in
an amount not -to -exceed $20,000.
BACKGROUND INFORMATION: After Council discussion and direction on September 17, 1989, the
northern pool at Blakely Park (the Enze Pool) was originally constructed
with a shallow end depth of four (4) feet, consistent for use as a Special
Use Pool which permits instruction, diving, competition or medical treatment. Recreational use is not currently
allowed at Enze Pool as the shallow end depth exceeds the three foot -six inch (3'6") maximum depth as
stipulated by the California Building Code.
This project will raise one-third of the existing 75 -foot long swimming pool floor by six (6) inches to facilitate
public recreational swim activities at Enze Pool per public swimming pool code requirements; raises two (2)
main drain covers, replaces the pool plaster finish, replaces the pool depth markers, and replaces the lane
line tiles.
Plans and specifications for this project were approved on October 19, 2022. The City received the following
bid for this project on January 4, 2023:
Above/(Below)
Bidder Location Bid Engineer's Estimate
Engineers Estimate $219,000.00
Western Water Features, Inc. EI Dorado Hills $197,175.00 ($21,825.00)
Staff received one bid from Western Water Features, Inc., in the amount of $197,175. Staff recommends
Council adopt a resolution awarding contract for Blakely Park - Enze Pool Shallow End Adjustment to
Western Water Features, Inc. of EI Dorado Hills, in the amount of $197,175.00 and authorize City Manager
to execute change orders in an amount not -to -exceed $20,000.
FISCAL IMPACT: This project will improve the facility programming for public use with minimal
long-term fiscal impact. This project will not impact the General Fund.
APPROVED: t
Stephen Schwabauer, City Manager
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Adopt Resolution Awarding Contract for Blakely Park - Enze Pool Shallow End Adjustment to Western Water Features, Inc. of EI Dorado Hills, for $197,175 and Authorizing
City Manager to Execute Change Orders ($20,000)
February 1, 2023
Page 2
FUNDING AVAILABLE: Per Capita Grant Funds - $219,679
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Jinni Billigmeier, Associate Civil Engineer
CES/JB/cd
cc: PRCS Director
Signature: arvr� /u'W
Email: akeys@lodi.gov
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BLAKELY PARK
ENZE POOL SHALLOW END ADJUSTMENT
1050 S. Stockton St.
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 WESTERN WATER FEATURES, 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
Certifications and Forms
General Provisions
Federal Requirements
Special Provisions
Bid Proposal
Contract
Contract Bonds
Federal Minimum Wage Rates
Plans
Addenda
The 2018 Edition,
Standard Specifications,
State of California,
Business and Transportation Agency,
Department of Transportation
City of Lodi Construction Specifications
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.
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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, 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 consisting of raising approximately one-third of the existing 75 -foot long
swimming pool floor to a maximum shallow depth of 3'6" to allow recreational use at Enze
Pool, and other incidental and related work, all as shown on the plans and specifications
for the above project.
For additional bid item descriptions refer to Drawing No. 022DO15 and Section 6-07
"Description of Bid Items".
CONTRACT ITEMS
Item Description Qty Unit Unit Price Total
1 Raise Pool Floor 1 LS $ 197,175.00 $ 197,175.00
TOTAL $ 197,175.00
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 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.
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ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract after
the City Manager has executed the contract and to diligently prosecute to completion within
ANY 21 CONSECUTIVE CALENDAR DAYS PRIOR TO APRIL 28, 2023. The date of
commencement of which may be chosen as convenient to the Contractor providing all work
shall be completed prior to March 30, 2019.
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.
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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
Bv:
STEPHEN SCHWABAUER
City Manager
Date:
Attest:
OLIVIA NASHED
City Clerk
(CORPORATE SEAL) Approved As To Form:
JANICE D. MAGDICH
City Attorney ,
4.4 01/06/23
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RESOLUTION NO. 2023-21
A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT
FOR BLAKELY PARK - ENZE POOL SHALLOW END ADJUSTMENT TO
WESTERN WATER FEATURES, INC., OF EL DORADO HILLS; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS
WHEREAS, after Council discussion and direction on September 17, 1989, the northern
pool at Blakely Park (Enze Pool) was originally constructed with a shallow end depth of four
feet, consistent for use as a Special Use Pool which permits instruction, diving, competition, or
medical treatment; and
WHEREAS, recreational use is not currently allowed at Enze Pool as the shallow end
depth exceeds the 3 -foot 6 -inch maximum depth as stipulated by the California Building Code;
and
WHEREAS, this project will raise one-third of the existing 75 -foot long swimming pool
floor by six inches to facilitate public recreational swim activities at Enze Pool per public
swimming pool code requirements; raise two (2) main drain covers; replace the pool plaster
finish; replace the pool depth markers; and replace the lane line tiles; and
WHEREAS, plans and specifications for this project were approved on October 19,
2022, and the City received the following bid for this project on January 4, 2023:
Above/(Below)
Bidder Location Bid Estimate
Western Water Features, Inc. EI Dorado Hills $197,175 ($21,825)
WHEREAS, staff recommends awarding the contract for Blakely Park - Enze Pool
Shallow End Adjustment to Western Water Features, Inc., of EI Dorado Hills, in the amount of
$197,175 and authorizing the City Manager to execute change orders in an amount not to
exceed $20,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award
the contract for Blakely Park - Enze Pool Shallow End Adjustment to the sole bidder, Western
Water Features, Inc., of EI Dorado Hills, California, in the amount of $197,175; 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 $20,000;
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: February 1, 2023
I hereby certify that Resolution No. 2023-21 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 1, 2023 by the following votes:
AYES: COUNCIL MEMBERS — Bregman, Khan, Nakanishi, and Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Craig
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2023-21