HomeMy WebLinkAboutAgenda Report - July 20, 2022 C-09CITY OF
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CALIFORNIA
AGENDA ITEM if00 111?
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Rescinding Resolution 2022-136 And Authorizing City Manager to
Execute Contract Amendment for 2021-2022 Asphalt Materials ($63,333)
MEETING DATE: July 20, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution rescinding resolution 2022-136 and authorize City Manager
to execute Contract Amendment for 2021-2022 Asphalt Materials with George
Reed to extend contract until June 30, 2023 and increase the contract amount
by $63,333 for a total not -to -exceed contract amount of $112,128.
BACKGROUND INFORMATION: The asphalt materials purchase is needed to carry out preventive street
maintenance and repairs. City street maintenance crews utilize the
asphalt for localized roadway repairs, trench patching, thin overlays, and
large sidewalk offset patching.
On April 21, 2021, Council authorized the City Manager to award the contract to the lowest responsive bidder and
execute change orders (not -to -exceed $20,000). The project was awarded to George Reed, Inc., of Modesto, in
the amount of $48,805. The contract allows for three extensions by mutual consent, through Fiscal Year
2024/2025. George Reed agreed to extend the contract through June 30, 2023 contingent upon the unit price
increase due to the increase in oil prices.
On June 1, 2022, Council adopted resolution 2022-136 which was intended to extend the contract and increase the
contract amount by $63,333 in addition to the existing $48,805. This would increase the total contract amount to
$112,128. The resolution was incorrectly worded to increase the contract amount to $63,333 total.
Staff recommends adopting resolution rescinding resolution 2022-136 and authorizing City Manager to execute
Contract Amendment for the 2021-2022 Asphalt Materials Contract with George Reed to extend contract until June
30, 2023 and increase the contract amount by $63,333 for a total not -to -exceed contract amount of $112,128.
FISCAL IMPACT: Preventive maintenance will extend the useful life of our streets and reduce future
street reconstruction costs. The proposed unit price increases will amount to an
annual cost to the City of less than $3,000. This project will not impact the General
Fund.
FUNDING AVAILABLE: Fiscal Year 2022/23 Budget:
Measure K (30399000.77020)
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
C
Charles E. Swimley, Jr.
Public Works Director
Prepared by Alice Bernardino, Associate Civil Engineer
CES/AB/cd
cc: Utility Manager
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021-2022 Asphalt Contract\CChangeOrder_Clarify.doc 7/6/2022
AMENDMENT NO. 1
GEORGE REED, INC.
2021-2022 ASPHALT MATERIALS
THIS AMENDMENT NO. 1 TO CONTRACT, is made and entered this day of
, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter
"CITY"), and GEORGE REED, INC., a California corporation (hereinafter "CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Contract on July 20, 2021 (the
"Agreement'), as set forth in Exhibit 1, attached hereto and made part of; and
2. WHEREAS, CONTRACTOR requested to amend said Agreement to revise the unit prices, as
set forth in Exhibit 2, attached hereto and made part of; and
3. WHEREAS, CITY requested to increase the fees by an amount not -to -exceed $63,333, for a
total not -to -exceed contract amount of $112,138; and
4. WHEREAS, City requested to extend the term of the Agreement from July 1, 2022 through
June 30, 2023; and
5. WHEREAS, CONTRACTOR agrees to said amendments.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other
terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipal corporation
hereinabove called "CITY"
STEPHEN SCHWABAUER
City Manager
Attest:
OLIVIA NASHED, City Clerk
Approved as to Form:
JANICE D. MAGDICH, City Attorney
GEORGE REED, INC., a California corporation
hereinabove called "CONTRACTOR"
NAME:
Title:
Exhibit 1
2021-2022 ASPHALT MATERIALS
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 GEORGE REED, 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 The July 2006 Edition,
Specifications Standard Specifications,
Bid Proposal State of California,
Contract Business and Transportation Agency,
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, the Contractor agrees with the City,
at to furnish all the materials as described in the Contract Documents which are hereby
made a part of the Contract; the Contractor also agrees, in accordance with Section 2.4,
"Ordering," of the Specifications, that should it not be possible in certain instances for
the supplier to make material available to the City, the City reserves the right to obtain
the required materials from other vendors. The contract supplier shall have no recourse
or claim against the City for any such purchases.
ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and
does hereby employ, the Contractor to provide all materials according to the terms and
conditions for the price herein, and hereby contracts to pay the same as set forth in
Section 2.5, "Measurement and Payment," of the Specifications, 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 - And the Contractor agrees to receive and accept the following prices as
full compensation for furnishing all materials embraced in this agreement; and any
adjustments to contract prices during the term of this contract shall be in accordance
with Section 2.3, "Adjustment in Contract Prices" of the Specifications for paving asphalt
price fluctuations exceeding five percent (5%); the Contractor also agrees to provide
documentation of any price fluctuations, with compensation adjustments provided, prior
CONTRACT 4.1 06111/21
to the invoicing of said price increases, in the manner and according to the Plans and
Contract Documents and the requirements of the Engineer under them, to -wit:
CONTRACT ITEMS
ITEM 1. 9.5mm (3/8") Max Medium Type A, PG 64-16 or 64-10
BASE PRICE PER TON: (t 64 00
TAX PER TON (if any):
ADDITIONAL COSTS (if any)
TOTAL COST PER TON (FOB Plant)
_ Estimated Annual Quantity
TOTAL FOR ITEM 1
(Estimated Quantity x TOTAL COST PER TON)
ITEM 2. 12.5m (1/2") Max Medium Type A, PG 64-10
$ 4.96
$ 5.00 (per Load)
$ 68.96
500 Tons
$ 34 855.00
BASE PRICE PER TON:
$ 60.00
TAX PER TON (if any):
$ 4.65
ADDITIONAL COSTS (if anyr):
$ 5.00
TOTAL COST PER TON (FOB Plant)
$ 64.65
Estimated Annual Quantity
100 Tons
TOTAL FOR ITEM 2
_ T l
(Estimated Quantity x TOTAL COST PER TON)
$ 6,540.00
ITEM 3. Cutback
BASE PRICE PER TON:
$ 91.00
TAX PER TON (if any):
$ 7.05
ADDITIONAL COSTS if any):
$ 5.00
TOTAL COST PER TON (FOB Plant)
$ 98.05
Estimated Annual Quantity
75 Tons
TOTAL FOR ITEM 3
(Estimated Quantity x TOTAL COST PER TON)
$ _71410.00
TOTAL FOR ITEMS 1 - 3
$ 48 805.00
Fee for Asphalt Recycling, $ NC per ton. If No Charge write NC.
ARTICLE IV - 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 V - 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
CONTRACT 4.2
06/11!21
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 Vi - The purchase of asphalt material shall be for the period of July 1, 2021
through June 30, 2022 for the City of Lodi. The contract may be extended if agreed
upon by the Contractor and the City.
ARTICLE VII - 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 Vlll - 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.
CONTRACT 4.3
-06111/21
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands
the year and date written below.
CONTRACTOR:
Geor a Reed, Inc.
CITY OF LODI, a municipal corporation
C:Irrfli���_�1r�, 14
By: Date: JA.A
Rosie R. Martinez_, Secretary/Treasurer
Title
NIFE USMIR
City Cier
Attest:
(CORPORATE SEAL)
Approved As To Form:
l"
JANIC . MAGDICH
CWAftorney
CONTRACT 4.4 06/11/21
GEORGE REED
L INC. J
Bill To:
536200
CITY OF LODI
HMA -3/4 (19 MM)
ATTN: SEAN NATHAN
$74.00
CALL BOX 3006
5.74
LODI, CA, CA 95241-0000
Contact:
Alice Bernardino
Phone:
209-333-6721 a/p
Fax:
$76.00
l- ` � I
Quote
Quote Number: 14878
Quote Date: 05/11/2022
Expire Date: 06/10/2022
Terms Net 10th
Description :
HMA Contract 2022-2023
Comments:
Proposed pricing for FY 2022-2023
Contract Extension
Subject to fuel surcharge
Sales Person: 17 - Delwyn Falk
(209) 524-3197 (Phone)
(209) 838-6106 (Fax)
Delwyn.Falk@Georgereed.com
Location Product Oty Unit Material Freight Tax Cost Per Sales
Rate Rate Rate Ton Price
GRI - Clements
21100
HMA -3/4 (19 MM)
O.00Tons
$74.00
0.00
5.74
0.00
$0.00
GRI - Clements
21200
HMA -1/2 (12.5MM)
O.00Tons
$76.00
0.00
5.89
0.00
$0.00
GRI - Clements
21300
HMA -3/8 (9.5 MM)
O.00Tons
$79.00
0.00
6.12
0.00
$0.00
GRI - Clements
22150
CUTBACK -3/8" (9.5M
O.00Tons
$95.00
0.00
7.36
0.00
$0.00
CONDITIONS OF SALE
Total Amount
$0.00
Effective March 1st 2022, George Reed will be implementing a S7.00fload Environmental Fee on all materials. Please contact your sales
representative for further assistance
All material subject to availability. Please call prior to schedule loadout. AC Pricing based on current rack asphalt oil.
For every $10.00 increase in asphalt oil, AC Price will increase $0.60 per ton.
Saturdays/Night Load Outs: $3000 Opening Fee. No night work available out of the Munn & Perkins Plant Clements Plant night opening
requires 1 month notice. Jackson Valley Quarry not available nights or weekends.
Sunday Openings: $4000 Opening Fee
Overtime Fee (After 8 Hours): $250 Per Hour for the First 2 Hours, $500 per hour thereafter except Sundays which is $500 per hour.
Prices Quoted are Predicated upon an 8 hour day by our Plant.
Quoted Prices are F.O.B. the plant unless otherwise noted. Title of Material Transfers at Plant
Quoted Prices Include the cost of Mix Designs unless otherwise noted.
This Quote is good for the specified number of days (30). Written confirmation required prior to expiration date.
'If freight is included, 20 Minutes allowed for Delivery. Anything after 20 minutes will be billed Per Minute at applicable Rates.
Retention by Contractor of Monies due GRI will not be permitted. GRI's terms are net 10th of the month following the date of purchase.
All quotes are Subject to the Following Force Majeure Conditions:
Any prevention, non-performance or stoppage due to any of the following reasons may cause a delay in the production and/or load -out of some
materials: Failure of power, increases in prices and/or supplies of raw materials and/or services (such as trucking) outside the control of GRI,
governmental restrictions, regulations, acts of God or other causes beyond GRI's reasonable control. Invoices are due and payable the 10th of the
month following date of purchase. Overdue accounts subject to interest at 1.5% per month. Purchaser agrees to pay reasonable attorney's fee incurred
in collecting past due accounts with or without legal action together with all court costs involved.
Accepted by: Date:
RESOLUTION NO. 2022-171
A RESOLUTION OF THE LODI CITY COUNCIL RESCINDING RESOLUTION
NO. 2022-136 AND AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACT AMENDMENT WITH GEORGE REED, INC., OF MODESTO, FOR
2021-2022 ASPHALT MATERIALS
WHEREAS, the asphalt materials purchase is needed to carry out preventive street
maintenance and repairs; and
WHEREAS, on April 21, 2021, Council authorized the City Manager to award the
contract to the lowest responsive bidder and execute change orders (not -to -exceed $20,000),
and the project was awarded to George Reed, Inc., of Modesto, in the amount of $48,805; and
WHEREAS, the contract allows for three extensions by mutual consent, through Fiscal
Year 2024/2025; and
WHEREAS, considering the significant oil (asphalt) price increase over the past year,
George Reed agreed to extend the contract through June 30, 2023, contingent upon the unit
price increases allowed in the original contract; and
WHEREAS, staff recommends rescinding Resolution No. 2022-136 and authorizing
the City Manager to execute a Contract Amendment for 2021-2022 Asphalt Materials to extend
the contract until June 30, 2023; and
WHEREAS, staff further recommends increasing the contract amount by $63,333 for a
total not -to -exceed contract amount of $112,128.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby rescind
Resolution No. 2022-136 and authorize the City Manager to execute a Contract Amendment
with George Reed, Inc., of Modesto, California, for 2021-2022 Asphalt Materials to extend the
contract until June 30, 2023; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize
increasing the contract amount by $63,333 for a total not -to -exceed contract amount of
$112,128; 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: July 20, 2022
I hereby certify that Resolution No. 2022-171 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 20, 2022 by the following votes:
AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hothi
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-171