HomeMy WebLinkAboutAgenda Report - June 7, 2023 C-11CITY OF
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C A L I FORN IA
AGENDA ITEM Cal
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to 2021-2023
Sidewalk and Miscellaneous Concrete Repair Program to A.M. Stephens Concrete, Inc.
of Lodi, CA
MEETING DATE: June 7, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION. Adopt resolution authorizing City Manager to execute Amendment No. 1
to 2021-2023 Sidewalk and Miscellaneous Concrete Repair Program to
A.M. Stephens Concrete, Inc. of Lodi, CA
BACKGROUND INFORMATION: This project consists of the construction, removal, and/or the replacement of
curb, gutter, sidewalk, ramps, or other miscellaneous concrete items at
various locations throughout the City on an as -needed basis.
On April 21, 2021, Council approved specifications and adopted a resolution authorizing the City Manager to
award a contract to the lowest responsive bidder, not -to -exceed $250,000; and execute change orders, not -to -
exceed $50,000. On July 7, 2021, the City Manager executed the contract with Popuch Concrete Contracting,
Inc., of Lodi, in the amount of $190,480. A.M. Stephens Concrete, Inc. purchased Popuch Concrete Contracting,
Inc. in June, 2022 and a Consent to Assignment was executed to continue the contract under A.M. Stephens
Concrete, Inc. on November 29, 2022.
The current contract with A.M. Stephens Concrete, Inc. is set to expire on June 30, 2023. The contract,
consistent with previous contracts, has included the ability to extend the contract if mutually agreeable to the City
and the contractor. A.M. Stephens Concrete, Inc. will not agree to extend the contract under the current terms
due to increased operating costs.
To address the contractor's concern, staff recommends extending the contract for an additional 1 year with the
annual Consumer Price Index (CPI) adjustment. The CPI data between January 2021 and January 2023 reflects
a 2 -year increase of 14.51 percent (based on the West Region of the "All Urban Consumers -All Items"
category). Staff believes that if the contract is bid again this year, the unit prices would increase by more than
14.51 percent as Popuch Concrete Contracting, Inc. was the lowest of five bids received on May 12, 2021.
This contract extension will be contingent on the Fiscal Year 2023/24 Budget being adopted by Council. The
City Manager will retain his authorization to execute change orders for $50,000 per fiscal year over the life of this
contract, including extensions.
APPROVED:...... -
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021-23 Sidewalk and Concrete Repair\CExtension2.docx
5/4/2023
Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to 2021-2023 Sidewalk and Miscellaneous Concrete Repair Program to A.M. Stephens
Concrete, Inc. of Lodi, CA
June 7, 2023
Page 2
FISCAL IMPACT: This project extends the useful life of City sidewalks and miscellaneous concrete.
If this street maintenance activity is not performed on a regular basis, future, more
costly repairs may be necessary, and leave the City vulnerable to expensive
claims. This project will not impact the City's General Fund.
FUNDING AVAILABLE: Budgeted Fiscal Year 2023/24:
Measure K (30599000.77020): $70,000
TDA Bike Ped (3199000.77020): $30,000
TOTAL:
$100,000
- - (2!4� ,
Andrew Keys O-A,ay 31, 20r3 09:23 H,
Andrew Keys
Deputy City Manager/Internal Services Director
CCU,
Charles E. Swimley, Jr.
Public Works Director
Prepared by Jimi Billigmeier, Associate Civil Engineer
CES/JB/cd
Attachments
cc: Utility Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021-23 Sidewalk and Concrete Repair\CExtension2.docx 5/4/2023
AMENDMENT NO. 1
A.M. STEPHENS CONCRETE, INC.
2021-2023 SIDEWALK AND MISCELLANEOUS
CONCRETE REPAIR PROGRAM CONTRACT
THIS AMENDMENT NO. 1 TO CONTRACT, is made and entered this day of
, 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter
"CITY"), and A.M. STEPHENS CONCRETE, INC., a California corporation (hereinafter
"CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Contract on July 7, 2021, and Consent
to Assignment on November 29, 2022 (collectively, the "Agreement"), as set forth in Exhibit 1,
attached hereto and made part of; and
2. WHEREAS, CONTRACTOR requested to amend said Agreement to increase the unit prices
by 14.51 percent (2 -year Consumer Price Index adjustment since 2021), with the new prices
set forth in Exhibit 2, attached hereto and made part of; and
3. WHEREAS, City requested to extend the term of the Agreement through June 30, 2024; and
4. WHEREAS, CONTRACTOR and CITY agree 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 A.M. STEPHENS CONCRETE, INC., a California
corporation
hereinabove called "CITY" hereinabove called "CONTRACTOR"
STEPHEN SCHWABAUER
City Manager
Attest:
OLIVIA NASHED, City Clerk
Approved as to Form:
JANICE D. MAGDICH, City Attorney
NAME:
Title:
Exhibit 1
CONSENT TO ASSIGNMENT - CONTRACT # 7439
THIS CONSENT TO CONTRACT ASSIGNMENT OF 2021-2023 SIDEWALK AND
MISCELLANEOUS CONCRETE REPAIR PROGRAM CONTRACT, is made and entered this Lq�'
day of Ko%tevx.U&v'- , 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter
"CITY"), and A.M. STEPHENS CONCRETE, INC, a California corporation (hereinafter
CONTRACTOR-).
WITNESSETH:
1. WHEREAS, Popuch Concrete Contracting, Inc. entered into a Contract an July 7, 2021 ( the
"Contract"), as set forth in Exhibit 1, attached hereto and made a part hereof; and
2. WHEREAS, Popuch Concrete Contracting, Inc. wishes to assign the Contract to A.M.
Stephens Concrete, Inc.; and
3. WHEREAS, CITY consents to said assignment.
NOW, THEREFORE, the City provides approval to Popuch Concrete Contracting, Inc. to
assign the Contract and CONTRACTOR accepts the assignment.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Assignment on the
date and year first above written.
CITY OF LODI, a municipal corporation A.M. STEPHENS CONCRETE, INC., a California
hereinabove called "CITY" corporation, hereinabove called "CONTRACTOR"
Name: VV2
City Manager Tit17
Attest:
OLIVIA NASHED, City Clerk
Approved as to Form:
J NICE D. MAGDICH, City Attorney
POPUCH CONCRETE CONTRACTING, INC-
A California corporation
NaRA. John Popuch
Title: President
EXHIBIT 1
2021-2023 SIDEWALK AND MISCELLANEOUS
CONCRETE REPAIR PROGRAM 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 POPUCH CONCRETE CONTRACTING, 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.
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 construct, remove, and/or replace curb, gutter, sidewalk,
ramps, or other miscellaneous concrete items at various locations throughout the City.
This is a 2 -year unit price bid that will be divided into work orders typically ranging in
price between $500 and $20,000. All improvements will include other incidental and
related work, all as specified in the specifications for the "2021-2023 Sidewalk and
Miscellaneous Concrete Work'
See Section 6-07 "Description of Bid Items" for additional information.
CONTRACT ITEMS
Item
Description
Est Qty
I Unit I Unit Price Total_
I 1
Saw Cut Concrete
700
L LF 1$6.50 $ 4,550.00
2
Remove Sidewalk, Asphalt
5,000
$ 32,500.00
Concrete, RampSF
$6.50
3
Remove Commercial Sidewalk
500
SF $7.00
$ 3,500.00
4
Remove Curb and Gutter
200
LF $16.50
$ 3,300.00 �j
5
Root Surgery Under Sidewalk
30
$ 12,000.00
or in Planter Area
f
EA $400.00
6 Root Surgery Under Curb and
10
$ 4,500.00
Gutter
EA
$450.00
Install Sidewalk or Residential
7
i 500
$ 8,500.00
Driveway 0 - 75 SF)
SF
$17.00
8
Install Sidewalk or Residential
1,500
$ 18,750.00
Drivewa 76 - 300 SF
SF
$12.50
9
I Install Sidewalk or Residential
3,000
$ 30,000.00
Driveway>300 SF)SF
$10.00
10
Install Curb Ram T
1,000 1
SF
I $17.00
$ 17,000.00
11 Install Commercial Driveway
300
SF
$14.00
$ 4,200.00
�12Install Curb and Gutter
150
$ 7,500.00
0 - 20 LF
LF
$50.00
11 1��3
I
Install Curb and Gutter 2
21 - 50 LF)_00
LF
I $45.00
$ 9,000.00
iInstall
14
_
Curb and Gutter
100
$4,200.00
I
(>51 LF)
LF
$42.00
—
Item
Description
Est Qty
Unit
Unit Price Total
15
Install Truncated Domes
60
$2,280.00
3' x 4' typical
SF
$38.00
$ 1,600.00
16
Install Furnished Side Inlet or
DropInlet Catch Basin Assembly
� 2
EA
$800.00
17
Install Catch Basin Barrel
1
EA
$1,500.00 $ 1,500.00
v
18
Install Furnished Street Name
_
1$300.00
$ 600.00
Sign Base _
2
EA
19
Miscellaneous Concrete
1Sub
5,000
$ 10,000.00
rade Compaction
SF
$2.00
_
20
1$200
_
Move -In Cost for Jobs Less Than
$ 1,000.00
2
EA
$500.00
21
Landscape Re air
800
SF
Wt
$5.00
$ 4,000.00
22
Set Monument Box _ _
2
_._ 0
EA
$ 500.00
$ 10,000.00
,
TOTAL $190,480.00
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.
ARTICLE V111 - The length of the contract will be twenty-four (24) months, starting July
1, 2021 and ending June 30, 2023. The contract may be extended if agreed upon by the
Contractor and the City.
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.
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
hUl
- j//a
D , / I
By:
Steve Schwabauer
STEPHEN SCHWABAUER
City Manager
Date: _� ijum
Attest:
Title
NN1FE US IR
City Cleric
(CORPORATE SEAL) Approved As To Form,
Janice D. Magdich
JANICE D. MAGDICH
City Attorney
r, :r.rn •.),:uraw :::.J.",1c,:.F_ : , ._ - . i <"2' ?1 ilftwalx 3rd 1anrwe lLaw-(: ir4 •ai:' Ir::
4.4 05113/21
Exhibit 2
2023-2024 Sidewalk and Misc. Concrete Repair Program Contract Rate Charges
Description
Unit
Unit Price
1
Saw Cut Concrete
LF
$
7.44
2
Remove Sidewalk, Asphalt Concrete, Ramp
SF
$
7.44
3
Remove Commercial Sidewalk
SF
$
8.02
4
lRemove Curb and Gutter
LF
$
18.89
5
Root Surgery Under Sidewalk or in Planter Area
EA
$
458.04
6
Root Surgery Under Curb and Gutter
EA
$
515.30
7
Install Sidewalk or Residential Driveway (0 - 75 SF)
SF
$
19.47
8
Install Sidewalk or Residential Driveway (76 - 300 SF)
SF
$
14.31
9
Install Sidewalk or Residential Driveway (>300 SF)
SF
$
11.45
10
Install Curb Ramp
SF
$
19.47
11
Install Commercial Driveway
SF
$
16.03
12
Install Curb and Gutter (0 - 20 LF)
LF
$
57.26
13
Install Curb and Gutter (21 - 50 LF)
LF
$
51.53
14
Install Curb and Gutter (>51 LF)
LF
$
48.09
15
Install Truncated Domes (3'x 4' typical)
SF
$
43.51
16
Install Furn. Side Inlet/Drop Inlet Catch Basin Assembly
EA
$
916.08
17
Install Catch Basin Barrel
EA
$
1,717.65
18
Install Furnished Street Name Sign Base
EA
$
343.53
19
Miscellaneous Concrete Subgrade Compaction
SF
$
2.29
20
Move -In Cost for Jobs Less Than $200
EA
$
572.55
21
Landscape Repair
SF
$
5.73
22
ISet Monument Box
EA
$
572.55
RESOLUTION NO. 2023-107
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
2021-2023 SIDEWALK AND MISCELLANEOUS CONCRETE REPAIR
PROGRAM WITH A.M. STEPHENS CONCRETE, INC., OF LODI
WHEREAS, this project consists of the construction, removal, and/or the replacement of
curb, gutter, sidewalk, ramps, or other miscellaneous concrete items at various locations
throughout the City on an as -needed basis; and
WHEREAS, on April 21, 2021, Council approved specifications and adopted a resolution
authorizing the City Manager to award a contract to the lowest responsive bidder in an amount
not to exceed $250,000 and to execute change orders in an amount not to exceed $50,000. On
July 7, 2021, the City Manager executed the contract with Popuch Concrete Contracting, Inc.,
of Lodi, in the amount of $190,480; and
WHEREAS, A.M. Stephens Concrete, Inc., purchased Popuch Concrete Contracting,
Inc., in June 2022 and a Consent to Assignment was executed to continue the contract under
A.M. Stephens Concrete, Inc., on November 29, 2022; and
WHEREAS, the current contract with A.M. Stephens Concrete, Inc., is set to expire on
June 30, 2023. A.M. Stephens Concrete, Inc., has agreed to extend the contract through
June 30, 2024 with a Consumer Price Index -based increase of 14.51% to cover the costs of
inflation and increasing minimum wage; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment
No. 1 to 2021-2023 Sidewalk and Miscellaneous Concrete Repair Program with A.M. Stephens
Concrete, Inc. of Lodi.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to 2021-2023 Sidewalk and
Miscellaneous Concrete Repair Program with A.M. Stephens Concrete, Inc., of Lodi, California;
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: June 7, 2023
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I hereby certify that Resolution No. 2023-107 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 7, 2023 by the following votes:
AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and
Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2023-107