Subject
title
Approve and Authorize the City Manager to Execute First Amendments to The Standard Form of Agreement for Requirements Contracts for Asphalt Paving, Patching, Milling and Related Maintenance Work for Two of the Original Contractors Awarded the Contracts in 2021 in the Amount Not to Exceed $8,000,000 in Total for Both Contracts.
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Department
PW - Construction Management
Recommendation
Staff recommends that the Mayor and Council approve and authorize the City Manager to execute First Amendments to the Standard Form of Agreement for Requirements Contracts for Asphalt Paving, Patching, Milling & Related Maintenance Work to the two current responsive and responsible bidders who have been performing the work as previously approved by Mayor and Council: (1) Francis O. Day Co. Inc. of Rockville, MD; and (2) M. T. Laney Co. Inc. of Eldersburg, MD in the aggregate amount not to exceed $8,000,000 through December 31, 2025.
Discussion
The original award of Contract IFB #05-21, Requirements Contract for Asphalt Paving, Patching, Milling and Related Maintenance Work on February 22, 2021, set the total aggregate amount to not exceed $3,500,000 per annum. Contract costs have increased each year since original award. On September 16, 2024, the City Manager authorized a 10% increase to the contracts for calendar 2024. An additional contract increase is needed for calendar 2025 to execute the remainder of FY25 and FY26 funds in the Asphalt Repair and Rehabilitation CIP program (TA21/TA26). The Mayor and Council have appropriated additional funding for this work through the CIP budget and through a $360,000 budget amendment on October 29, 2024. The budget amendment was for additional asphalt repairs needed following winter weather and for asphalt repairs from a large water main break.
The Department of Public Works desires to have contractors available on an as-needed basis to perform general asphalt paving, patching, milling, and related maintenance work, including but not limited to removal and replacement of existing asphalt surfaces, base patching, adjusting existing utilities, and removing and replacing pavement markings, lines, and symbols as needed on various streets throughout the city.
The various line items listed in the contract bid document are intended to cover the vast majority of the types of work intended to be accomplished, but do not reflect an obligation by the City for specific amounts of work to specified bidders. The purpose of award to multiple bidders is to ensure a sufficient labor pool to accomplish the work in an efficient and timely manner.
Mayor and Council History
The original award was approved by the Mayor and Council on February 22, 2021. This is the first time this item to amend and restate the contracts and use the funding appropriated previously by Mayor and Council has been brought before the Mayor and Council.
Procurement
IFB #05-21 Requirements Contracts for Asphalt Paving, Patching, Milling & Related Maintenance Work was advertised on December 16, 2020, in accordance with Rockville City Code section 17-61. Changes in quantities and items are allowed under IFB #05-21, Section II (29) of General Conditions and Instructions To Bidders, where the City reserves the right to add or delete any item(s) from the bid in whole or in part at the City’s discretion as given in the bid or proposal wherever it deems it advisable or necessary so to do and such changes shall in no way vitiate the contract nor affect the bid prices for any item or remaining work.
Contracts are in place with the two responsive and responsible low bidders, and this action will modify the available funding to allow additional work by these contractors.
Francis O. Day Co. Inc. Amendment 1 to IFB #05-21 Requirements Contracts for Asphalt Paving, Patching, Milling & Related Maintenance Work is provided as Attachment 1.
M. T. Laney Co. Inc. Amendment 1 to IFB #05-21 Requirements Contracts for Asphalt Paving, Patching, Milling & Related Maintenance Work is provided as Attachment 2.
Fiscal Impact
Funding is available through the city’s Asphalt Repair & Replacement (TA21) program, included in Attachment 3. All future appropriations are subject to Mayor and Council approval.
Next Steps
Upon approval of the Amended and Restated Contracts by the Mayor and Council, the Procurement Division will complete the execution of the Contracts and issue revised Master Agreements to Francis O. Day Co. Inc., and M. T. Laney Co. Inc.