
Subject
title
Approve and Authorize the City Manager to Execute a First Amendment to The Standard Form of Agreement for Requirements Contract for Construction, Repair & Maintenance of Concrete Sidewalks, Curbs, Driveway Aprons & Miscellaneous Appurtenances & Infrastructure to One of the Original Contractors in the Amount Not to Exceed $5,200,000
end

Department
PW - Construction Management

Recommendation
Staff recommends that the Mayor and Council approve and authorize the City Manager to Execute a First Amendment to The Standard Form of Agreement for Requirements Contract for Construction, Repair & Maintenance of Concrete Sidewalks, Curbs, Driveway Aprons & Miscellaneous Appurtenances & Infrastructure to the current responsive and responsible bidder, A.J. Romano Concrete Construction, Inc. of Laurel, MD in the aggregate amount not to exceed $5,200,000 through December 31, 2025.

Discussion
The original award of this Requirements Contract for Construction, Repair & Maintenance of Concrete Sidewalks, Curbs, Driveway Aprons & Miscellaneous Appurtenances & Infrastructure, set the total aggregate amount to not exceed $3,500,000 per annum. The Mayor and Council are appropriating $1,200,000 in additional funding in Budget Amendment #3, on the same agenda. This is needed to complete all necessary repairs and modifications to existing rights-of-way adjacent to any road being repaved to bring the work into compliance with federal ADA guidelines. This contract is utilized by Public Works as well as other divisions to complete work which also creates a need for additional authority.
The Department of Public Works desires to have contractors available on an as-needed basis to perform general construction, installation, removal and replacement of damaged concrete infrastructure, including, but not limited to, concrete curbs, sidewalks, driveway aprons, ADA access ramps, geometric improvements for pedestrian and traffic safety, storm drain pipe, storm drain inlets, and other small projects as needed or necessary at various locations throughout the City.
The various line items listed in the contract 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.

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 this Contract has been brought before the Mayor and Council.

Procurement
IFB #03-21 Requirements Contracts for Construction, Repair & Maintenance of Concrete Sidewalks, Curbs, Driveway Aprons & Miscellaneous Appurtenances & Infrastructure was advertised on November 13, 2020, in accordance with Rockville City Code Section 17-61. Changes in quantities and items are allowed under IFB #03-21, 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.
A contract is in place with the responsive and responsible low bidder, and this action will modify the available funding to allow additional work by the contractor.
A.J. Romano Concrete Construction, Inc. Amendment 1 to The Standard Form of Agreement for the Requirements Contract for Construction, Repair & Maintenance of Concrete Sidewalks, Curbs, Driveway Aprons & Miscellaneous Appurtenances & Infrastructure is provided as Attachment 1.

Fiscal Impact
Funding is available through the city’s Concrete Repair & Replacement (TC21) program, included in Attachment 2. FY 2025 Budget Amendment #3 proposes increased funding to this capital project to advance city compliance with the most recent guidance from the Americans with Disabilities Act (ADA) and Public Right-of-Way Accessibility Guidelines. All future appropriations are subject to Mayor and Council approval.

Next Steps
Upon approval of the modification by the Mayor and Council, the Procurement Division will take steps to complete the execution of the First Amendment to The Standard Form of Agreement and issue a revised Master Agreement to Romano Concrete Construction, Inc. of Laurel, MD.
