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HomeMy WebLinkAboutAgenda Report - February 15, 2023 C-04CITY OF AGENDA ITEM C00, 04 0 zl� CALIFORNIA COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Awarding Contract for Hale Park Parking Lot Reconstruction to Tosted Asphalt, Inc., of Fresno ($81,520) and Authorizing City Manager to Execute Change Orders ($30,000) MEETING DATE: February 15, 2023 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution awarding contract for Hale Park Parking Lot Reconstruction to Tosted Asphalt, Inc., in the amount of $81,520 and authorizing City Manager to execute change orders in an amount not -to -exceed $30,000. BACKGROUND INFORMATION: This project consists of reconstructing the parking lot at Hale Park. The work includes replacing approximately 8,000 square feet of parking lot pavement, reconstructing a driveway approach, installing two handicap -accessible parking stalls, replacing miscellaneous concrete, and other incidental and related work. The existing parking lot pavement is severely cracked, settled and potholed due to the age of the pavement. The cracks have allowed water to seep into the pavement subgrade, causing the pavement to fail. The specifications for this project were approved on July 20, 2022. The City received the following bids for this project on December 28, 2022: The lowest bid came in much lower than the engineer's estimate and what was budgeted. With the available funding, Staff proposes to expand the scope of work to make the curb ramp at the corner ADA compliant, Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Hale Park\2022 Parking Lot Reconstruction\CAward docx 2/1/2023 Above/(Below) Bidder Location Bid Engineer's Estimate Engineer's Estimate $230,762.00 Tosted Asphalt, Inc. Fresno $81,519.60 ($ 48,155.40) A.M. Stephens Construction Lodi $110,747.80 ($ 18,927.20) Hensley's Paving & General Waterford $113,314.00 ($ 16,361.00) Sierra Asphalt, Inc. Rancho Cordova $116,121.00 ($ 13,554.00) Consolidated Engineering Valley Spring $116,950.00 ($ 12,725.00) Garcia Paving Inc. Fresno $124,785.69 ($ 4,889.31) Robert Burns Construction Stockton $131,183.01 $ 1,508.01 Arrow Construction Sacramento $136,326.00 $ 6,651.00 United Pavement Maintenance Hughson $149,878.00 $ 20,203.00 E.E. Gilbert Construction Martinez $158,858.90 $ 29,183.90 FBD Vanguard Construction Livermore $161,558.00 $ 31,883.00 B & M Builders, Inc. Rancho Cordova $172,230.00 $ 42,555.00 The lowest bid came in much lower than the engineer's estimate and what was budgeted. With the available funding, Staff proposes to expand the scope of work to make the curb ramp at the corner ADA compliant, Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Hale Park\2022 Parking Lot Reconstruction\CAward docx 2/1/2023 Adopt Resolution Awarding Contract for Hale Park Parking Lot Reconstruction to Tosted Asphalt, Inc, of Fresno ($81,520), Authorizing City Manager to Execute Change Orders ($30,000) February 15, 2022 Page 2 installing thermoplastic parking striping instead of paint, and fixing the drainage issues in the gutter. Consistent with all projects, contingency is required to address any unforeseen issues. Staff received a bid advisory against the contractor from the Foundation of Fair Contracting and from Norcal Industry Compliance. In general, the claims are centered around failure to comply with the bid specifications resulting in an unfair competitive advantage. Both staff and the City's labor compliance consultant have reviewed their complaints and have found that none of them have any basis. Staff recommends adopting resolution awarding Contract for Hale Park Parking Lot Reconstruction to Tosted Asphalt, Inc., of Fresno, in the amount of $81,520 and authorizing City Manager to execute change orders in an amount not -to -exceed $30,000. FISCAL IMPACT: This project does not impact the General Fund. FUNDING AVAILABLE: This project is funded by 2022/23 CDBG funds: CDBG-23001.Contracts: $170,000 CDBG-23001.lntLabor:3$ 6,000 TOTAL: $206,000 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director 0Q� ("). n Charles E. Swim€ey, Jr. Public Works Director Prepared by Alice Bernardino, Associate Civil Engineer CES/AB/cd Attachments cc: Parks Project Coordinator PRCS Director, Jaromay \\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Hale Park\2022 Parking Lot Reconstruction\CAward.docx 2/1/2023 2022 HALE PARK PARKING LOT RECONSTRUCTION 209 E LOCUST ST CONTRACT CITY OF LODI, CALIFORNIA THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," TOSTED ASPHALT, 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 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 general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and CONTRACT 4.1 01/12/23 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: This project consists of reconstructing the parking lot at Hale Park. The work includes replacing approximately 8,000 square feet of parking lot pavement, constructing a driveway approach, installing two handicap -accessible parking stalls, replacing miscellaneous concrete, and other incidental and related work. For additional bid item descriptions refer to Section 6-07 "Description of Bid Items CONTRACT ITEMS Item Description Mobilization and Temporary Qty Unit Unit Price Total $ 2,500.00 1 1 LS $ 2,500.00 Facilities, and Demobilization $ 7,500.00 2 Demolition, Clearing, Grubbing, 1 LS $ 7,500.00 and Gradin 3 Pavement Reconstruction 8,000 SF $ 3.95 $ 30,000.00 4 Driveway Reconstruction 165 SF $ 63.63 $ 10,500.00 5 Concrete ADA Parking Stall 380 SF $ 25.00 $ 9,500.00 6 Miscellaneous Concrete 705 SF $ 9.93 $ 7,000.00 7 Swing Gate Fabrication and 1 LS $10,000.00 $ 10,000.00 Installation 8 Striping and Signage 1LS $ 4,500.00 $ 4,500.00 TOTAL $ 81,500.00 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. CONTRACT 4.2 01/12/23 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 30 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. 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: 0 Title (CORPORATE SEAL) CITY OF LODI, a municipal corporation By: STEPHEN SCHWABAUER City Manager Date: Attest: OLIVIA NASHED City Clerk Approved As To Form JANICE D. MAGDICH City Attorney CONTRACT 4.3 01/12/23 RESOLUTION NO. 2023-29 A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT FOR HALE PARK PARKING LOT RECONSTRUCTION TO TOSTED ASPHALT, INC., OF FRESNO; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS WHEREAS, this project consists of reconstructing the parking lot at Hale Park which includes replacing approximately 8,000 square feet of parking lot pavement, reconstructing a driveway approach, installing two handicap -accessible parking stalls, replacing miscellaneous concrete, and other incidental and related work; and WHEREAS, specifications for this project were approved on July 20, 2022. The City received the following bids for this project on December 28, 2022: Above/(Below) Bidder Location Bid Estimate Tosted Asphalt, Inc. Fresno $81,519.60 ($ 48,155.40) A.M. Stephens Construction Lodi $110,747.80 ($ 18,927.20) Hensley's Paving & General Waterford $113,314.00 ($ 16,361.00) Sierra Asphalt, Inc. Rancho Cordova $116,121.00 ($ 13,554.00) Consolidated Engineering Valley Spring $116,950.00 ($ 12,725.00) Garcia Paving, Inc. Fresno $124,785.69 ($ 4,889.31) Robert Burns Construction Stockton $131,183.01 $ 1,508.01 Arrow Construction Sacramento $136,326.00 $ 6,651.00 United Pavement Maintenance Hughson $149,878.00 $ 20,203.00 E.E. Gilbert Construction Martinez $158,858.90 $ 29,183.90 FBD Vanguard Construction Livermore $161,558.00 $ 31,883.00 B & M Builders, Inc. Rancho Cordova $172,230.00 $ 42,555.00 WHEREAS, staff recommends awarding the contract for Hale Park Parking Lot Reconstruction to Tosted Asphalt, Inc., of Fresno, in the amount of $81,520 and authorizing the City Manager to execute change orders in an amount not to exceed $30,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for Hale Park Parking Lot Reconstruction to the low bidder, Tosted Asphalt, Inc., of Fresno, California, in the amount of $81,520; 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 $30,000; 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 15, 2023 I hereby certify that Resolution No. 2023-29 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 15, 2023 by the following votes: AYES: COUNCIL MEMBERS — Bregman, Craig, Khan, Nakanishi, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN. COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2023-29 Pamela Farris From: Kristyn Pair Sent: Friday, February 10, 2023 9:39 AM To: City Council Cc: Dina Morsi; Debbie Terry Subject: Agenda Item - Hale Park Parking Lot Reconstruction Good morning, I have reviewed the posted City Council agenda regarding the upcoming meeting on February 15, 2023. 1 see that the award for the Hale Park Parking Lot Reconstruction project is still set to be awarded to Tosted Asphalt, Inc. I trust the City has done its due diligence in looking at the requirements of the project , which may include the need for the use of heavy equipment (i.e. Skid steers, skip loaders, paving machines, and rollers), therefore requiring the employ of operating engineers. I would, however, like to ask that City supply me with their findings that show this contractor will, in fact, be able to perform this scope of work without the use of heavy equipment. I request any communications to or from city staff or their labor compliance consultant regarding this project in relation to the bid advisories received by the Foundation for Fair Contracting or NorCal Construction Industry Compliance be sent to me for review. I understand the City believes there is no issue with compliance regarding this bid, however, due to the scope of work, comparisons of other projects of this size and type, as well as the findings outlined in our bid advisory dated January 27, 2023, we ask that City of Lodi further assess and reconsider the award of the project. Thank you for your time, Xristyn Pair Central Compliance Agent NorCal Construction Industry Compliance (NCIC), LMCC Cell: (559) 660-2961 P.O. Box 340596 Sacramento, CA 95834 r-2 NCIC This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. 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