draft - - award contract holly sugar sports complex · sons, inc. is reasonable and is within the...

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January 3, 2012 AGENDA ITEM ________ REQUEST ACCEPT A REQUEST FOR WITHDARWAL OF THE BID FROM O. C. JONES & SONS, INC., AWARD A CONSTRUCTION CONTRACT TO DESILVA GATES CONSTRUCTION OF DUBLIN CALIFORNIA, FOR THE HOLLY SUGAR SPORTS COMPLEX PROJECT - CIP 78115, AUTHORIZE A TRANSFER OF $660,000 FROM CIP 73127 TO CIP 78115, AUTHORIZE AMENDMENT 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NOLTE ASSOCIATES TO PROVIDE DESIGN SUPPORT DURING CONSTRUCTION, AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT AND AMENDMENT 2 TO THE PSA EXECUTIVE SUMMARY Award of this construction contract will facilitate construction of infrastructure to serve the proposed Holly Sugar Sports Complex located north of Larch Road, south of Sugar Road between Tracy Boulevard and Corral Hollow Road. The infrastructure is sized to serve the entire 166-acre site of which only 72 acres will be developed under Phase 1 of the Sports Complex. The scope of work also includes grading of the 72-acre site for construction of 20 sports fields (12 baseball fields and 8 soccer fields) by the youth leagues. City Council is also requested to transfer $660,000 from the Corral Hollow Road Widening Project - CIP 73127, to the Holly Sugar Sports Complex Project - CIP 78115. The funding for widening of Corral Hollow Road fronting the Tracy Aquatic Center will not be needed within the next two years and is recommended to be used for widening Tracy Boulevard fronting the Holly Sugar Sports Complex. DISCUSSION On November 18, 2008, City Council approved a conceptual design for approximately 166 acres of the Holly Sugar Youth Sports Complex (Complex) and directed staff to prepare a Request for Proposals to obtain the services of a qualified consultant to design the first phase of the Complex, which encompasses approximately 72 acres. On July 20, 2010, City Council approved a Professional Services Agreement with Nolte Associates to complete design and construction documents for the Complex for a not to exceed amount of $1,716,741. The scope of work included preparing the conceptual master plan design for the entire 166+/- acre site to size the infrastructure, and to prepare specifications and contract documents to construct infrastructure within the first 72-acre area west of Tracy Boulevard. The consultant scope of works also included completion of improvement plans for the 20 sports fields to be constructed by various youth leagues. On March 1, 2011, City Council approved a Memorandum of Understanding with Tracy Little League, Tracy Babe Ruth, Tracy Youth Soccer League, and the Tracy Futbol Club, for construction and maintenance of sports fields and related amenities within the 72- acre site of the Holly Sports Complex.

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January 3, 2012

AGENDA ITEM ________

REQUEST

ACCEPT A REQUEST FOR WITHDARWAL OF THE BID FROM O. C. JONES & SONS, INC., AWARD A CONSTRUCTION CONTRACT TO DESILVA GATES CONSTRUCTION OF DUBLIN CALIFORNIA, FOR THE HOLLY SUGAR SPORTS COMPLEX PROJECT - CIP 78115, AUTHORIZE A TRANSFER OF $660,000 FROM CIP 73127 TO CIP 78115, AUTHORIZE AMENDMENT 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NOLTE ASSOCIATES TO PROVIDE DESIGN SUPPORT DURING CONSTRUCTION, AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT AND AMENDMENT 2 TO THE PSA

EXECUTIVE SUMMARY

Award of this construction contract will facilitate construction of infrastructure to serve the proposed Holly Sugar Sports Complex located north of Larch Road, south of Sugar Road between Tracy Boulevard and Corral Hollow Road. The infrastructure is sized to serve the entire 166-acre site of which only 72 acres will be developed under Phase 1 of the Sports Complex. The scope of work also includes grading of the 72-acre site for construction of 20 sports fields (12 baseball fields and 8 soccer fields) by the youth leagues. City Council is also requested to transfer $660,000 from the Corral Hollow Road Widening Project - CIP 73127, to the Holly Sugar Sports Complex Project - CIP 78115. The funding for widening of Corral Hollow Road fronting the Tracy Aquatic Center will not be needed within the next two years and is recommended to be used for widening Tracy Boulevard fronting the Holly Sugar Sports Complex.

DISCUSSION On November 18, 2008, City Council approved a conceptual design for approximately 166 acres of the Holly Sugar Youth Sports Complex (Complex) and directed staff to prepare a Request for Proposals to obtain the services of a qualified consultant to design the first phase of the Complex, which encompasses approximately 72 acres.

On July 20, 2010, City Council approved a Professional Services Agreement with Nolte Associates to complete design and construction documents for the Complex for a not to exceed amount of $1,716,741. The scope of work included preparing the conceptual master plan design for the entire 166+/- acre site to size the infrastructure, and to prepare specifications and contract documents to construct infrastructure within the first 72-acre area west of Tracy Boulevard. The consultant scope of works also included completion of improvement plans for the 20 sports fields to be constructed by various youth leagues. On March 1, 2011, City Council approved a Memorandum of Understanding with Tracy Little League, Tracy Babe Ruth, Tracy Youth Soccer League, and the Tracy Futbol Club, for construction and maintenance of sports fields and related amenities within the 72-acre site of the Holly Sports Complex.

Agenda Item ________ January 3, 2012 Page 2

This construction project only provides construction of infrastructure and site grading on 72 acres including improvements on Tracy Boulevard. The improvements include four unpaved parking lots (786 parking stalls) with landscaping and lighting, entrance road, widening of Tracy Boulevard, grading and drainage improvements, site drainage including storm drain channels, sanitary sewer system, water systems (fire and domestic), a sewer lift station at the intersection of Tracy Boulevard and the entrance road, chain link fencing, directional signage, soil preparation, landscaping, irrigation system and conduit for future lighting. The scope of work also includes construction of a storage pond and pump station for irrigating the sports fields. The irrigation water is available on site from the sugar cut. The project improvement plans and specifications were completed by Nolte Associates of San Jose, California. The project was advertised for competitive bids on November 5, and November 12, 2011, and a total of 12 bids were received and publicly opened at 2:00 p.m. on December 15, 2011 with the following results:

Contractor Bid Amount

O.C. Jones & Sons, Inc. $6,523,588.00 DeSilva Gates Construction $6,966,966.00 McGuire Hester $7,127,127.00 RGW Construction, Inc. $7,135,357.00 Knife River Construction $7,493,813.00 Top Grade Construction, Inc. $7,627,885.00 MCI Engineering $7,674,800.00 Teichert Construction $7,752,414.00 Granite Construction Company $7,929,985.00 Diede Construction, Inc. $8,436,145.90 CT Brayton & Sons $8,619,304.29 Bay Cities Paving & Grading, Inc. $9,329,881.00

O.C. Jones & Sons, Inc., of Berkeley, California, the lowest monetary bidder, gave the City written notice that it made a clerical mistake in its bid and requested to withdraw its bid (see Exhibit A).

Staff, in consultation with the City Attorney’s office, has reviewed the withdrawal request and has determined that the withdrawal request from the lowest bidder, O.C. Jones & Sons, Inc. is reasonable and is within the five (5) working days as required by the project specifications and contract documents. DeSilva Gates Construction of Dublin, California, is the next lowest monetary bidder with a total bid amount of $6,966,966 which is $443,378 higher than the bid received from O.C. Jones & Sons, Inc. However the bid from DeSilva Gates Construction is still below the engineer’s estimate and the bid analysis indicates that the bid is responsive and the bidder is responsible. DeSilva Gates Construction has good references and has completed similar projects for the City of Tracy and other public agencies. Staff recommends that the construction

Agenda Item ________ January 3, 2012 Page 3

contract for the project be awarded to the second lowest bidder, DeSilva Gates Construction of Dublin California for $6,966,966. Consultant Design Support Services

It is customary to retain the services of a design consultant on projects of this nature and magnitude to provide design support during construction. Since Nolte Associates of San Jose, California, prepared the project plans and specifications, it is recommended that their services be retained during construction of this project. Their services will be needed for review of shop drawings, design clarifications, potential changes, and soils and concrete testing. Nolte Associates submitted a proposal to provide Design Support Services for the above work during construction on an as needed basis on an hourly basis not to exceed $70,000.

The total estimated costs of this project if awarded to DeSilva Gates Construction are as follows:

• Bid Amount $6,966,966 • Contingency Amount (8%) $ 557,357* • Design Cost (Consultant)

Including utility permits $1,900,180

• EIR Cost $ 195,524 • Design Cost City staff including City

Wide project management $ 107,210

• Design support during construction $ 70,000 • Inspection and Construction

management $ 400,000

• SJ COG Habitat Fee • City-wide Project management

(Estimated)

$ 930,992 $ 600,000

• Total Cost $11,728,229

Total Available Budget CIP 78115 $11,729,630 After transfer of funds from CIP 73127 *Generally the contingency amount for similar projects varies between 10%-15% of the bid amount. However, due to the limited budget, staff has allocated an 8% contingency amount at this time. Additional appropriations of contingency amounts may be required during construction due to unforeseen conditions, change in soil conditions, the flood plain, shallow ground water, or other issues.

Construction of this project will start immediately after execution of the contract documents and is scheduled for completion by the end of November 2012 (weather permitting).

Agenda Item ________ January 3, 2012 Page 4 STRATEGIC PLAN This agenda item is a routine operational item and is not related to the City Council’s

Strategic Plans. FISCAL IMPACT

The Holly Sugar Sports Complex Project - CIP 78115, is an approved Capital Improvement Project with total funding in the amount of $11,069,630. A transfer of funds in the amount of $660,000 from the Corral Hollow Road Widening Project - CIP 73127, to the Holly Sugar Sports Complex Project - CIP 78115, is needed to complete construction of the Holly Sugar Sports Complex. The Corral Hollow Road Widening fronting the proposed Aquatic Center is not needed within the next couple of years due to delays in the Aquatic Center project.

RECOMMENDATION

Staff recommends that City Council accept the request for withdrawal of bid from O.C. Jones & Sons, Inc., award a construction contract to DeSilva Gates Construction of Dublin, California, in the amount of $6,966,966 for the Holly Sugar Sports Complex - CIP 78115, authorize a transfer of funds in the amount of $660,000 from CIP 73127, to CIP 78115, authorize Amendment 2 to the Professional Services Agreement with Nolte Associates to provide design support during construction, and authorize the Mayor to execute the construction contract and Amendment 2 to the Professional Services Agreement.

Prepared by: Paul Verma, Senior Civil Engineer Reviewed by: Kul Sharma, City Engineer Approved by: Andrew Malik, Development Services Director Leon Churchill Jr., City Manager

AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT

DESIGN SERVICES FOR THE HOLLY SUGAR SPORTS COMPLEX (CIP 78115) This Amendment No. 2 (hereinafter “Amendment”) to the Professional Services Agreement is made and entered into by and between the City of Tracy, a municipal corporation (hereinafter “CITY”), and Nolte Associates Inc., a California Corporation (hereinafter “CONSULTANT”).

RECITALS

A. CITY and CONSULTANT entered into a Professional Services Agreement (hereinafter “Agreement”) for the Holly Sugar Sports Complex which was approved by the CITY’s City Council on July 20, 2010, pursuant to Resolution No. 2010-114.

B. At the request of the CITY and in compliance with the term of the Agreement, on December 15, 2011, CONSULTANT submitted a proposal to perform the services as described in this Amendment 2 to the referenced Professional Service Agreement. After negotiations between CITY and CONSULTANT, the parties have reached an agreement for the performance of the services in accordance with the term set forth in this Amendment. On January 3, 2012, the CITY’s City Council adopted Resolution No. 2012-____, which authorized the execution of this Amendment.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Incorporation by Reference. This Amendment hereby incorporates by reference all terms and conditions set forth in the Agreement, unless specifically modified by this Amendment. All terms and conditions set forth in the Agreement which are not specifically modified by this Amendment shall remain in full force and effect.

2. Terms of Amendment:

A. Subsection a. of Section 1. Scope of Work of the Agreement is hereby amended to read as follows:

“CONSULTANT shall perform the services described in Exhibit “A” attached hereto and incorporated herein by reference Amendment No. 2 to this Agreement and incorporated herein by reference. The services shall be performed by, or under the

direct supervision of, CONSULTANT’s Authorized Representative: Parag Mehta. CONSULTANT shall not replace its Authorized Representative, nor shall CONSULTANT replace any of the personnel listed in Exhibit “A” of the Amendment No. 2 to the Agreement, nor shall CONSULTANT use any subcontractors or subconsultants, without the prior written consent of the CITY.”

B. A new subsection c. is hereby added to Section 5.1, COMPENSATION, of the Agreement to read as follows:

“C. For services performed by CONSULTANT in accordance with Amendment No. 2 to this Agreement, CITY shall pay CONSULTANT on a time and expense basis, at the billing rates set forth in Exhibit “B,” of said Amendment No. 2 to this Agreement which is incorporated herein by reference. CONSULTANT’s fee for services provided under Amendment No. 2 shall not exceed Seventy Thousand Dollars ($70,000). CONSULTANT’s billing rates shall cover all costs and expenses of every kind and nature for CONSULTANT’s performance of this Agreement. No work shall be performed by CONSULTANT in excess of the Not To Exceed amount without the prior written approval of the CITY.”

3. Modifications. This Amendment may not be modified orally or in any manner other than by an agreement in writing signed by both parties, in accordance with the requirements of the Agreement.

4. Severability. In the event any term of this Amendment is held invalid by a court of competent jurisdiction, the Amendment shall be construed as not containing that term, and the remainder of this Amendment shall remain in full force and effect.

INTENTIONALLY LEFT BLANK

HOLLY SUGAR YOUTH SPORTS COMPLEX CITY OF TRACY

SCOPE OF SERVICES DECEMBER 2011

EXHIBIT “A”

______________________________________________________________________________

I. PROJECT UNDERSTANDING

Nolte Associates, Inc. (NV5) is pleased to submit this proposal to provide additional design

support services during construction for the City of Tracy’s (City) 150± acre property located

north of Larch Road between Tracy Boulevard and Corral Hollow Road within the County of

San Joaquin, California known as the Holly Sugar Youth Sports Complex (CIP 78115). Nolte

understands that the City intends to award a construction contract to an apparent low bidder for

the Phase 1 Infrastructure Improvement Project in January 2012. Construction is expected to

begin in the March 2013 timeframe.

For the additional design support services NV5 will act as the project lead consultant and will be

supported by the following:

Verde Design (Verde) – Landscape Architects

Kleinfelder – Geotechnical

Fehr & Peers - Traffic

Salas O’Brien Engineers – Electrical

Brookwater – Site Irrigation

Appleyard - Signage

II. SCOPE OF SERVICES

A detailed breakdown of services for each of the major Tasks is included following description

of services related to providing project management, data collection, topographic survey and

geotechnical services, which are common to both the tasks.

Task 1: Design Support during Construction

Additional design support services during construction will be provided for the Phase 1

Infrastructure Improvement Project. The following services will be provided:

Interpret plans and specifications in response to Contractor RFIs.

Review Contractor shop drawings and submittals for general conformance to design

intent.

Prepare and advise the City on change orders.

Attend weekly site meetings on an as-needed basis (assume 20 total).

Assist in resolution of construction problems.

Provide resolution of specific issues related to landscape, irrigation, electrical and

signage.

Coordinate PG&E utility pole relocation process along Tracy Boulevard.

Prepare record drawings based on redlined plans from the contractor.

HOLLY SUGAR YOUTH SPORTS COMPLEX CITY OF TRACY

SCOPE OF SERVICES DECEMBER 2011

EXHIBIT “A”

______________________________________________________________________________

III. FEE

Task Fee $

Task 1 Additional design support during construction $70,000

Total $70,000

IV. SCHEDULE

A formal schedule by the selected contractor is expected to be developed immediately following

the formal award. The current expectation for construction of the project is as follows:

Construction of Phase 1 Infrastructure Improvement Project 10 months

V. EXCLUSIONS

The following items are either not specifically identified in the scope of service section or are

to be excluded from NV5’s scope of work:

1. Construction Staking

2. Agency fees and permits

3. Property or ROW acquisition

4. Extraordinary requirements placed on the project by the governing agencies

5. Preparation of a SWPPP

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Nolte 2010 Charge Rate for Holly Sugar Youth Sports ComplexStaff:

Associate .................................................................................................................................$221.00

Engineering Manager ..............................................................................................................$198.00

Senior Engineer ............................................................................................................................$150

Associate Engineer ...................................................................................................................$120.00

Junior Engineer .......................................................................................................................$100.00

Senior CAD Technician ...........................................................................................................$110.00

2 Person Survey Crew ..............................................................................................................$238.00

Project Assistant ........................................................................................................................$90.00

Expenses:

Plotting and In-house Reproduction ..................................................................................1.15 x Cost

Subsistence .........................................................................................................................1.15 x Cost

Other Expenses Including Subconsultants & Purchased Services through Subcontracts ....1.15 x Cost

Mileage - Outside local area ................................................................................Per accepted IRS rate

Rates are effective for the Holly Sugar Youth Sports Complex. Litigation support will be billed at

$300.00 per hour. Rates based on “Prevailing Wage” (PW) for Construction Management and

Surveying will be determined by Project and County per California law.

EXHIBIT "B"

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LANDSCAPE ARCHITECTURE CIVIL ENGINEERING SPORT PLANNING & DESIGN

ChargeRateScheduleissubjecttorevisions.

11-09

Verde Design, Inc.

Charge Rate Schedule Effective until December 31, 2010

The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom.

Project Rates Principal $185.00 per hour

Project Manager/Construction Manager

Level Three $150.00 per hour

Level Two $135.00 per hour

Level One $125.00 per hour

Systems Administrator $135.00 per hour

Project Designer $120.00 per hour

Job Captain/Staff Engineer/Construction Administrator $110.00 per hour

Draftsperson Level II $105.00 per hour

Draftsperson Level I $95.00 per hour

Project Administrator $80.00 per hour

Intern $70.00 per hour

Reimbursable Rates Blueprints, Printing and Reproductions Cost plus 20%

Sub Consultant Services Cost plus 20%

Reimbursable Expenses Blueprints and Reproductions Travel Expenses

Photography Parking and Toll Expenses

Models and Renderings Permit Fees

Postage/Overnight Mail Service Courier Delivery Service

Administrative Services

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Brookwater 2009 Billing Rates

Principal in Charge ................................................................................................. $110.00 per hour

Project Manager ...................................................................................................... $100.00 per hour

Designer .................................................................................................................... $90.00 per hour

CADD Operator ....................................................................................................... $65.00 per hour

Clerical ...................................................................................................................... $55.00 per hour

Consultation ........................................................................................................... $105.00 per hour

Site Observation ...................................................................................................... $100.00 per hour

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Library/Fee Schedule/S09

KLEINFELDER CENTRAL VALLEY 2009 FEE SCHEDULE FOR

ENVIRONMENTAL, CONSTRUCTION MANAGEMENT, AND GEOTECHNICAL/MATERIALS TESTING SERVICES

PROFESSIONAL STAFF RATES*

Construction Inspector I ................................................................................... $ 104 / hour Construction Inspector II .................................................................................. $ 116 / hour Construction Inspector III .................................................................................. $ 125 / hour Construction Engineer ..................................................................................... $ 143 / hour Construction Manager ...................................................................................... $ 155 / hour Senior Construction Manager .......................................................................... $ 161 / hour Assistant Project Manager ................................................................................ $ 114 / hour Project Manager I ............................................................................................ $ 137 / hour Project Manager II ........................................................................................... $ 139 / hour Project Manager III ........................................................................................... $ 142 / hour Professional ..................................................................................................... $ 112 / hour Staff Professional I ........................................................................................... $ 116 / hour Staff Professional II........................................................................................... $ 121 / hour Project Professional .......................................................................................... $ 135 / hour Senior Professional........................................................................................... $ 149 / hour Senior Project Manager ................................................................................... $ 149 / hour Principal / Principal Professional ...................................................................... $ 197 / hour Program/Client Manager .................................................................................. $ 189 / hour Senior Principal / Senior Principal Professional ................................................ $ 197 / hour Senior Program / Senior Client Manager........................................................... $ 189 / hour VP, Project Management .................................................................................. $ 194 / hour Expert Witness.................................................................................................. $ 325 / hour

ADMINISTRATIVE/TECHNICAL STAFF RATES Administrative I ................................................................................................ $ 70 / hour Project Administrator ........................................................................................ $ 83 / hour Technician I ..................................................................................................... $ 62 / hour Technician II .................................................................................................... $ 72 / hour Technician III ................................................................................................... $ 78 / hour Technician IV .................................................................................................... $ 81 / hour Senior Technician ............................................................................................ $ 84 / hour Supervisory Technician .................................................................................... $ 96 / hour Draftsperson ..................................................................................................... $ 89 / hour CADD Operator ................................................................................................ $ 95 / hour Designer .......................................................................................................... $ 121 / hour Minimum Charges For Office Time Per Day................................. One Hour at Applicable Rate Kleinfelder reserves the right to adjust the fee schedule on projects not completed within 180 days from the contract signature date. Public works projects or projects receiving public funds may be subject to Prevailing Wage laws. The above rates do not apply to projects subject to prevailing wages. Hourly rates for those projects will be supplied separately. * Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical and environmental

engineers; industrial hygienists; geologists; hydrogeologists; hydrologists; and computer specialists.

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Visit our website at www.salasobrien.com

305 S. 11th Street - San Jose CA 95112-2218 - (408) 282-1500 - FAX (408) 297-2995 498 Foam Street - Monterey CA 93940-1410 - (831) 657-0251 - FAX (831) 657-0291

436 14th Street Suite 200 - Oakland CA 94612 - (510) 272-9958 - FAX (510) 272-9962 www.salasobrien.com

T&M CHARGE RATES AS OF 2009∗

Principal $205 per hour Director (VP) $185 per hour Architect/Professional Engineer $150 per hour Designer/Project Engineer $120 per hour Construction Project Manager $120 per hour Sr. Designer/Drafter (ACAD) $115 per hour Resource Specialist/Drafter $100 per hour Administrative Support $80 per hour Court Testimony/Deposition $320 per hour Senior Consultant $225 per hour Energy Consultant $165 per hour Instruction/Seminar/Training $185 per hour

All rates are based on office to project site with a minimum of four hours for any engagement, unless otherwise arranged. Payment terms are net 30 days.

Reimbursable Expenses

Blueprints, reproductions, travel related expenses (airfare, lodging, meals, etc.) and sub-consultants are billed at cost plus 10%. Mileage expensed @ current IRS Standard Mileage Rate

∗ Charge rates are subject to change without notice

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2009-2010Hourly Billing Rates

Classification Hourly Rate

Principal $170.00 -$310.00SeniorAssociate $165.00 -$225.00Associate $100.00 -$195.00SeniorEngineer/Planner $120.00 -$175.00Engineer/Planner $90.00 -$140.00SeniorTechnicalSupport $100.00 -$155.00AdministrativeSupport $60.00 -$120.00Technician $95.00 -$120.00Intern $60.00 -$90.00

• OtherDirectCosts/Reimbursableexpensesareinvoicedatcostplus10%forhandling.

• PersonalautomileageisreimbursedatthethencurrentIRSapprovedrate(55.0centspermileasofJun09).

• Voice&DataCommunications(Telephone,fax,computer,e-mail,etc.)areinvoicedatcostasapercentageofprojectlabor.

RESOLUTION 2011- _____

ACCEPTING A REQUEST FOR WITHDRAWAL OF THE BID FROM O. C. JONES &

SONS, INC., AWARDING A CONSTRUCTION CONTRACT TO DESILVA GATES CONSTRUCTION OF DUBLIN CALIFORNIA, FOR THE HOLLY SUGAR SPORTS

COMPLEX PROJECT - CIP 78115, AUTHORIZING A TRANSFER OF $660,000 FROM CIP 73127 TO CIP 78115, AUTHORIZING AMENDMENT 2 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH NOLTE ASSOCIATES TO PROVIDE DESIGN SUPPORT DURING CONSTRUCTION, AND AUTHORIZING THE MAYOR TO

EXECUTE THE CONTRACT AND AMENDMENT 2 TO THE PSA WHEREAS, On November 18, 2008, City Council approved a conceptual design for

approximately 166 acres of the Holly Sugar Youth Sports Complex, and

WHEREAS, On July 20, 2010, City Council approved a Professional Services Agreement with Nolte Associates to complete design and construction documents for the Complex for a not to exceed amount of $1,716,741, and

WHEREAS, On March 1, 2011, City Council approved a Memorandum of Understanding

with Tracy Little League, Tracy Babe Ruth, Tracy Youth Soccer League, and the Tracy Futbol Club, for construction and maintenance of sports fields and related amenities within the 72-acre site of the Holly Sports Complex, and

WHEREAS, This construction project only provides construction of infrastructure and site grading on 72 acres including improvements on Tracy Boulevard, and

WHEREAS, The project was advertised for competitive bids on November 5, and

November 12, 2011, and 12 bids were received and publicly opened at 2:00 p.m. on December 15, 2011, and

WHEREAS, O.C. Jones & Sons, Inc., of Berkeley, California, the lowest monetary

bidder, gave the City written notice that it made a clerical mistake in its bid and requested to withdraw its bid, and

WHEREAS, DeSilva Gates Construction of Dublin, California, is the next lowest

monetary bidder with a total bid amount of $6,966,966, and WHEREAS, It is customary to retain the services of a design consultant on projects of

this nature and magnitude to provide design support during construction, and WHEREAS, Nolte Associates submitted a proposal to provide Design Support Services

for the above work during construction on an as needed basis on an hourly basis not to exceed $70,000, and

Resolution 2012-___ Page 2

WHEREAS, The total estimated costs of this project if awarded to DeSilva Gates Construction are as follows:

• Bid Amount $6,966,966 • Contingency Amount (8%) $ 557,357* • Design Cost (Consultant)

Including utility permits $1,900,180

• EIR Cost $ 195,524 • Design Cost City staff including City

Wide project management $ 107,210

• Design support during construction $ 70,000 • Inspection and Construction

management $ 400,000

• SJ COG Habitat Fee • City-wide Project management

(Estimated)

$ 930,992 $ 600,000

• Total Cost $11,728,229 WHEREAS, The Holly Sugar Sports Complex Project - CIP 78115, is an approved

Capital Improvement Project with total funding in the amount of $11,069,630. A transfer of funds in the amount of $660,000 from the Corral Hollow Road Widening Project - CIP 73127, to the Holly Sugar Sports Complex Project - CIP 78115, is needed to complete construction of the Holly Sugar Sports Complex;

NOW, THEREFORE, BE IT RESOLVED That City Council accepts the request for

withdrawal of bid from O.C. Jones & Sons, Inc., awards a construction contract to DeSilva Gates Construction of Dublin, California, in the amount of $6,966,966 for the Holly Sugar Sports Complex - CIP 78115, authorizes a transfer of funds in the amount of $660,000 from CIP 73127, to CIP 78115, authorizes Amendment 2 to the Professional Services Agreement with Nolte Associates to provide design support during construction, and authorizes the Mayor to execute the construction contract and Amendment 2 to the Professional Services Agreement.

*******************************

The foregoing Resolution __________ was adopted by the Tracy City Council on the 3rd

day of January, 2012 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ________________________________ MAYOR ATTEST _____________________________ CITY CLERK