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HomeMy WebLinkAboutAgenda Report - August 18, 2021 C-08AGENDA ITEM i -I I i a CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Awarding Contract for 2021 Pavement Fog Seal to Talley Oil, Inc., of Madera ($95,515.12), and Appropriating Funds ($27,000) MEETING DATE: August 18, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution awarding contract for 2021 Pavement Fog Seal to Talley Oil, of Madera, in the amount of $95,515.12, and appropriating funds in the amount of $27,000. BACKGROUND INFORMATION: This project will provide a fog seal over street pavement within the Rose Gate and Reynolds Ranch subdivisions (Exhibits A and B). Fog Seal is a petroleum emulsion which restores components in asphalt lost during the initial aging process, and improves durability. This initial phase of the program focuses on recently completed residential developments since it is intended to be used on newer pavement. The specifications for this project were approved by Council on June 16, 2021. The Council action authorized the City Manager to award the contract to the lowest bidder not to exceed $69,000 and to execute change orders up to $7,000. The project estimate was $61,000. The City received the following bid for this project on July 14, 2021: Abovel(Below) Bidder Location Bid Engineer's Estimate Engineer's Estimate $61,000.00 Talley Oil, Inc. Madera $95,512.12 $34,512.12 The Engineer's Estimate was prepared using prior unit prices. Market forces have substantially inflated construction labor and petroleum prices resulting in the difference between the low bid and the Engineer's Estimate. Staff recommends moving forward with the award since it is unlikely re -bidding will result in more favorable prices at this time. Staff recommends awarding contract for 2021 Pavement Fog Seal to Talley Oil, Inc, of Madera, in the amount of $95,515.12, and appropriating funds in the amount of $27,000. The City Manager will retain the change order authority not to exceed $7,000 authorized by City Council on June 16, 2021. FISCAL IMPACT: This proactive street maintenance effort is key toward minimizing more costly road maintenance work in the future. This project is funded by developer fees and does not impact the General Fund. APPROVED: \\cvefilv02\pubwks$1WP\PROJECTS\STREETS\2021 Fog Sea4CAward.doc , City Manager 8/5/2021 Adopt Resolution to Award Contract for 2021 Fog Seal to Talley Oil, Inc., of Madera ($95,512.12), and Appropriating Funds ($27,000) August 18, 2021 Page 2 FUNDING AVAILABLE: Funding for this project comes from a combination of funds from Fiscal Year 2021/22 Capital Budget and seal coat funds collected from the Rose Gate 1 ($8,171) and Reynolds Ranch developments ($28,723) as follows: Street Fund (30099000.77020) $76,000 Requested appropriation: Street Fund (30099000.77020) $27,000 TOTAL: Andrew Keys $103,000 Andrew Keys Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director Prepared by Jimi Billigmeier, Associate Civil Engineer CES/JB/cd cc: Deputy Public Works Director/City Engineer Utility Superintendent 1lcvcfilv021pubwks$\WPIPROJECTSISTREETS\2021 Fog SeanCAward.doc 815/2021 agn°��a Ct. Magnolia Ln. �o Ambrosia St. 0 Exhibit A Rose Gate I Subdivision Fog Seal Locations Legend Fog Seal 0 125 250 500 Feet Exhibit B Reynolds Ranch Subdivision Fog Seal Locations CD CD Legend -Fog Seal N W_ E W c� a Z S 0 w LL 0 150 300 600 rn Feet Capital Improvement Plan FY 2021-2022 Project Title: Fog Seal I Munis Project Code: PWST-21004 #127 Section I: Description District Nos: Citywide Project Length Priority Streets should have a fog seal applied while they are still relatively new. The fog seal rejuvenates the pavement and extends the useful life of the street. Justification/factor driving project Funds were collected with each new development in order for the City to apply this seal to their streets. 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 $ 36,000 $ 40,000 $ 27,000 $ 103,000 Total Capital Costs $ 36,000 $ 40,000 $ 27,000 $ - $ - $ - $ - $ - $ 103,000 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 300 - Street Fund $ 36,000 $ 40,000 $ 27,000- $ 103,000 Total Project Financing $ 36,000 $ 40,000 $ 27,000 $ $ $ $ $ - $ 103,000 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 $ - $ - $ - $ - $ - $ - $ - $ - $ - 2021 FOG SEAL Various Locations 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 TALLEY OIL, 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 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. \\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021 Fog Seal\CONTRACT doc 4.1 07/14/21 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: Perform the work necessary to thoroughly clean, fog seal and sand the existing asphalt pavement surfaces and including traffic control and other incidental and related work as described in the specifications. The quantity shown for bidding purposes has been approximated. See Section 6-07 Description of Bid Items and Exhibits A and B for additional information CONTRACT ITEMS Item Description Quantity Unit Unit Price Total Price _1 Rose Gate 1 2 Reynolds Ranch 43,386 SY 41,138 SY $ 1.13 $ 1.13 $ 49,026.18 $ 46,485.94 TOTAL $ 95,512.12 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. 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. Day count will stop once the inspection of all vessels has been completed and will start again once any repairs have been completed and/or the vessels have been deemed ready for the new carbon. \\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021 Fog Seal\CONTRACT.doc 4.2 07/14/21 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. \\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021 Fog Seal\CONTRACT doc 4.3 07/14/21 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: By: Title (CORPORATE SEAL) CITY OF LODI, a municipal corporation By: STEPHEN SCHWABAUER City Manager Date: Attest: JENNIFER CUSMIR City Clerk Approved As To Form: JANICE D. MAGDICH City Attorney \\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021 Fog Seal\CONTRACT doc 4.4 07/14/21 RESOLUTION NO. 2021-228 A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT FOR THE 2021 PAVEMENT FOG SEAL PROGRAM TO TALLEY OIL, INC., OF MADERA; AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS; AND FURTHER APPROPRIATING FUNDS WHEREAS, this project will provide a fog seal over street pavement within Rose Gate I and Reynolds Ranch; and WHEREAS, the specifications for this project were approved by Council on June 16, 2021. At that time, the City Manager was authorized to award the contract to the lowest responsive bidder in an amount not to exceed $69,000 and to execute change orders up to $7,000; and WHEREAS, the project estimate was $61,000. The City received the following bid for this project on July 14, 2021: Above/(Below) Bidder Location Bid Engineer's Estimate Engineer's Estimate $61,000.00 Talley Oil, Inc. Madera $95,512.12 $34,512.12 WHEREAS, staff recommends awarding the contract for the 2021 Pavement Fog Seal Program to Talley Oil, Inc., of Madera, in the amount of $95,515.12; and WHEREAS, staff also recommends the City Manager retain the change order authority not to exceed $7,000 authorized by City Council on June 16, 2021; and WHEREAS, staff also recommends appropriating funds in the amount of $27,000 from Street Fund (30099000.77020). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for the 2021 Pavement Fog Seal Program to Talley Oil, Inc., of Madera, California, in the amount of $95,515.12; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to retain change order authority in an amount not to exceed $7,000, as authorized by City Council on June 16, 2021; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the appropriation of funds in the amount of $27,000 as set forth above; 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: August 18, 2021 I hereby certify that Resolution No. 2021-228 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 18, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Kuehne ABSTAIN: COUNCIL MEMBERS — None ,�GZ�ZGfi JENNIFE CUSMIR City Clerk 2021-228