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Item 4 - Resolution to Award Bid to Vulcan Materials for Portions of Bid, Terminate Portions of Bid & Authorize Purchase of Materials; RFP No. 23-006DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL February 21, 2023 Honorable Mayor and Members of the City Co~ncil Eric Heidemann, Director of Public Works tz Will Wiley, Assistant Director of Public Works for Maintenance Operations ~./ (858) 668-4705 or wwiley@poway.org '/ JV Resolution to Award Bid to Vulcan Materials Company for Portions of the Bid, Terminate Portions of the Bid, and Authorize Open Market Purchase or Competitive Negotiations for Asphalt, Aggregates and Related Materials; Bid No. 23-006 A request for bid (RFB) for Asphalt, Aggregates and Related Materials, Bid No. 23-006, was duly advertised on December 8 and December 15, 2022. Bid specifications allowed the City of Poway (City) to award one or more of each material bid to the same vendor or separate vendors and to reject any or all bids or all items. One (1) bid was received and opened on January 19, 2023. The bid received included pricing for 15 of the 19 items. Staff reviewed the bid and determined Vulcan Materials Company to be responsible and responsive. The length of the sale and purchase of goods and materials contract (contract) is one (1) year beginning February 22, 2023. The contract may be extended annually dependent on Council appropriation of funds for up to four (4) additional one (1) year terms, for a maximum total contract length of five (5) years. In accordance with Poway Municipal Code sections 3.28.070 (E) and 3.28.080 (G), Council may adopt the Resolution authorizing open market purchase for the items not bid, which were crushed coarse washed aggregate for Portland cement concrete (bid items 9 and 15) and sand for Portland cement concrete (bid items 11 and 17). Recommended Action: It is recommended City Council: (1) Adopt the Resolution terminating portions of the bid and authorizing an open market purchase or competitive negotiations for the four (4) bid line items that did not receive bids; (2) Award the bid for asphalt aggregates and related materials to Vulcan Materials Company for bid items 1-8, 10, 12-14, 16, and 18-19; (3) Authorize an appropriation totaling $163,000.00 from the General Fund Unassigned Fund Balance (Fund 1000); and (4) Authorize the City Manager to execute any necessary documents. 1 of 14 February 21, 2023, Item #4 Discussion: In order for Public Works staff to maintain the City's streets and infrastructure, the purchase of asphalt and related materials is necessary. This contract will provide supplies and materials for the annual asphalt program and as-needed material purchases for various divisions within Public Works. Asphalt products will be picked up from the plant by City vehicles and/or contract trucking, as well as delivered by the vendor to the jobsite or the Public Works Materials Handling Yard. On December 8 and December 15, 2022, staff duly advertised an RFB. The RFB was advertised on the City's website, online bid portal, and in the local newspaper. In addition, staff contacted three (3) vendors regarding the bid opportunity. One (1) bid was received and opened on January 19, 2023. A summary of the bid received is provided in Tables 1 -4 below and on the following page. Table 1: Vulcan Materials Company Bid Summary-Product for Annual Asphalt Program ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL NO. QUANTITY 1. 3/4" Asphalt Base Course 500 TON $104.36 $52,180.00 2. 1 /2" Asphalt Surface Course 3,000 TON $104.36 $313,080.00 3. 3/8" Asphalt Surface Course 1,000 TON $115.14 $115,140.00 4. Asphalt Skin Patching Sheet 200 TON $115.14 $23,028.00 Mix 5 Berm Mix 200 TON $131.30 $26,260.00 6. 3/8" Cold Mix 300 TON $131.30 $39,390.00 Table 2: Vulcan Materials Company Bid Summary -Disposal ITEM DESCRIPTION QUANTITY UNIT TOTAL NO. 7. Asphalt/ Concrete Disposal 1 EA $1,000.00 10YDDUMP Table 3: Vulcan Materials Company Bid Summary -Product and Delivery ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE NO. QUANTITY DELIVERED 8. 3/4" Crushed Coarse 50 TON $46.94 $2,347.00 Aggregates 3/4" Crushed Coarse Washed No Bid No Bid 9. Aggregate for Portland 100 TON Submitted Submitted Cement Concrete 10. Sand / Fine Aggregate 100 TON $39.40 $3,940.00 11. Sand for Portland Cement 50 TON No Bid No Bid Concrete Submitted Submitted 12. Crushed Aggregate Base 400 TON $52.33 $20,932.00 13. Class II Recycled Base 500 TON $22.78 $11,390.00 2 of 14 February 21, 2023, Item #4 Table 4: Vulcan Materials Company Bid Summary -Product Only ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE NO. QUANTITY 14. 3/4" Crushed Coarse 50 TON $28.94 $1,447.00 Aggregates 3/4" Crushed Coarse Washed No Bid No Bid 15. Aggregate for Portland Cemen 100 TON Submitted Submitted Concrete 16. Sand / Fine Aggregate 100 TON $21.40 $2,140.00 17. Sand for Portland Cement 50 TON No Bid No Bid Concrete Submitted Submitted 18. Crushed Aggregate Base 400 TON $34.33 $13,732.00 19. Class II Recycled Base 500 TON $12.78 $6,390.00 It is recommended the bid be awarded to Vulcan Materials Company for the materials and services as outlined in the bid summary tables. Due to increased materials and service costs, the estimated cost of asphalt and materials required for the annual asphalt program is $591,200.00. This will exceed the current available budget of approximately $428,200.00. Staff is requesting an appropriation in the amount of $163,000.00 to cover the annual asphalt program for Fiscal Year 2022-23. The asphalt and ' materials purchased for the asphalt program will be monitored, not to exceed the amount requested. Funds for subsequent fiscal years will be included in the annual budget process for Council consideration. Staff is requesting open market purchases to be approved for the remaining four (4) material items not bid. Open market purchases would allow staff to secure competitive quotes on a case-by-case and as-needed basis for the remaining materials. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2022-23 Streets Division budget (411040-43201) includes $428,213.21 for the annual asphalt program. An appropriation is being requested from the General Fund Unassigned Fund Balance (Fund 1000) to cover the remaining amount of $163,000.00 for the initial year of the agreement due to increased material costs. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration. There is sufficient funding available in the following divisions' operating budgets for as-needed asphalt, aggregate and purchase of related materials: Water Transmission and Distribution (402560- 47600); Wastewater Collection (403570-47600); Street Maintenance (411040-45900); Stormwater and Flood Control (412040-47600); Park, Trail and Landscape Maintenance (414040-47600). Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration. Public Notification: None. 3 of14 February 21, 2023, Item #4 Attachments: A. Resolution B. Contract Reviewed/Approved By: Assistant City Manager 4 of 14 Reviewed By: Alan Fenstermacher City Attorney Approved By: cff!!.2 City Manager February 21, 2023, Item #4 RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, TERMINATING PORTIONS OF BID NO. 23-006 FOR ASPHALT, AGGREGATES AND RELATED MATERIALS AND DIRECTING STAFF TO PROCEED WITH OPEN MARKET PURCHASING OR COMPETITIVE NEGOTIATIONS WHEREAS, the City of Poway did duly advertise for bids for Asphalt, Aggregates and Related Materials, Bid No. 23-006; WHEREAS, the deadline to receive bids for asphalt, aggregates and related materials was 2:00 p.m. on January 19, 2023; WHEREAS, no bids were received for four (4) of the 19 items by the City on or before the deadline; WHEREAS, pursuant to Poway Municipal Code Section 3.28.070 (E) and 3.28.080 (G), the City Council may reject all bids or part thereof, and re-advertise for bids, or, in the event no bids are received, the City Council may follow the procedures set forth in Public Contract Code Section 20166 and 20167, and waive formal bidding and authorize the Director of Finance or designee to proceed with purchasing materials through the open market process or competitive negotiations; and WHEREAS, due to the City receiving no bids for specific aggregate materials through formal bidding procedures, the City Council believes it to be in the best interest of the City to proceed with the purchasing of these materials through either open market purchasing or competitive negotiations with one or more vendors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council hereby finds that after fully complying with the City's purchasing ordinance, no bids were received for four (4) items (9, 11, 15 and 17) in the Asphalt, Aggregates and Related Materials, Bid No . 23-006. SECTION 2: The City Council hereby terminates the bid process for the four (4) items in the Asphalt, Aggregates and Related Materials bid and authorizes the Director of Finance or designee to proceed with the purchase of materials for the project through either open market purchasing or competitive negotiation with one or more vendors, such procedure to be determined at the sole discretion of the Director. SECTION 3: This Resolution shall require a four-fifths vote of the City Council. 5 of 11 ATTACHMENT A February 21, 2023, Item #4 Resolution No. 23- Page 2 PASSED, ADOPTED AND APPROVED at a regular Meeting of the City Council of the City of Poway, California on the 21st day of February, 2023 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of14 February 21, 2023, Item #4 CONTRACT FOR THE SALE AND PURCHASE OF GOODS AND MATERIALS This Contract, entered into this 22nd day of February, 2023, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and VULCAN MATERIALS COMPANY, an Alabama corporation (the "Seller"). 1. Sale and Purchase. Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller at the locations identified in Section 5, below, and in Bid Schedule, attached hereto as Exhibit "A" and made part hereof, all of the goods, materials and other items in such quantities as City may require, of such specified sizes, quality and types, classifications, and minimum order for each shipment, as defined by the Department of Public Works, and as are identified in Bid Schedule. The initial length of the City of Poway contract will be one (1) year, beginning February 22, 2023, and ending on February 21, 2024. This contract may be extended for up to four (4) additional one-year periods upon approval in writing of the City Manager and Seller. 3. Price. Seller agrees to invoice the goods and services, as it may apply, sold at the prices identified in Bid Schedule for the first year of the contract, with an escalation of price in the second year of the contract based on the following: Asphalt Products: If a price increase is requested, prices will be negotiated by City and Contractor based on the annual change in the previous calendar year's California Statewide Crude Oil Price Index published by CalTrans, or other similar industry index. Any negotiated price increases will be capped at 10%. The first adjustment would occur no earlier than February 21, 2024. Aggregate, Sand, and Other Materials: The annual change in the previous calendar year's Consumer Price Index for the San Diego area (All Urban Consumers CPI- U) or 5% whichever is less. The first adjustment would occur no earlier than February 21, 2024, and would be based on the change in the San Diego Region Consumer Price Index for the previous calendar year. 7 of 14 ATTACHMENT B February 21, 2023, Item #4 4. Payment. The City shall make payment within 30 days of receipt of invoice after delivery of product. Payment shall be considered as having been made upon the date such payment is deposited in the U.S. Mail, first-class postage pre-paid and addressed to Seller. 5. Delivery. The goods identified in the Bid Schedule will be delivered in accordance with the Bid Specifications. 6. Supply and Output Capability of Seller. If Seller is unable for any reason to supply City's requirements, Seller shall immediately notify City and provide its best estimate of the delivery and installation, as it may apply. City may, at its sole and exclusive option, notify Seller in writing of City's decision to terminate the order without liability. If the inability to supply City with its needs is not due to the negligence or faults of Seller, and Seller has notified City in writing as soon as Seller discovers the circumstances necessitating a revised delivery date, the termination of the order shall not entitle City to any damages. 7. Claims. The shipment will be FOB Poway, CA at the address set forth in Section 5 above, and all delivery charges and claims for damage in route are the responsibility of the Seller. Evident damage to any shipment will be indicated by a notation, which will, with the exception of concealed damages, be made by the carrier's agent on the delivery receipt before the receipt is signed for acceptance. The notation must clearly specify the extent of damage. Concealed damage must be reported to the carrier within 15 days of delivery. 8. Assignment and Delegation: Successors. Neither Seller nor City shall assign any rights or delegate any obligations to the Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract, the Seller's Bid, and the Poway RFP shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators. 8 of 14 February 21, 2023, Item #4 9. Indemnification. Seller agrees to indemnify, defend by an attorney of the City's own choice, and hold harmless, the City, and its elected and appointed officers, agents and employees (the "lndemnitees") against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the City's use of the product or installation services sold by seller to City, provided that City has not altered or tampered with such product in any way and has used such product in accordance with Seller's or manufacturer's instructions and warnings. If any action or proceeding is brought against lndemnitees by reason of any of the matters against which Seller has agreed to indemnify lndemnitees as provided above, Seller, upon notice from City, shall defend lndemnitees at Seller's expense in the manner set forth above in this Section 9. lndemnitees need not have first paid for any of the matters to which lndemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Seller shall ensure Seller's obligations under this section, but the limits of such insurance shall not limit the liability of Seller hereunder. The provisions of this section shall survive the expiration or earlier termination of this Contract. The provisions of this section do not apply to Claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage. 10. Seller's Insurance. The City shall be named as an additional insured with the bidder. Refer to the Insurance Code of the State of California. Evidence shall be furnished that the requirements of said code are met. Unless specified otherwise, the minimum requirements are as follows: 9 of 14 a. Comprehensive General Liability: $1,000,000 Bodily Injury & Property Damage combined each occurrence and $2,000,000 aggregate; b. Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 Combined Single Limit coverage; c. Workers' Compensation insurance: Per the statutory amount. Each policy is to provide primary coverage to City and its elected and February 21, 2023, Item #4 appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City. Upon request by City prior to the time of Award of Contract, the bidder agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to bidder meeting all requirements of the contract documents. The failure of bidder to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the Award of Contract shall constitute a material breach of the contract, entitling City to terminate the contract. All bonds and all insurance shall meet the following standards. The issuing company: a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken. In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation (See City Council Resolution 90-082). 11. Integration. The terms of this Contract are intended by the parties to be the final expression of the parties' agreement with respect to such terms and also as a complete and exclusive statement of such terms. There are no oral or written agreements other than this Contract, and the Seller's Bid. However, in the event of any conflict between the written expressions of this Contract and the Seller's Bid, the terms and interpretations given to the provisions of this writing shall prevail. 12. Applicable Law. The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Contract shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Contract, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. 10 of 14 February 21, 2023, Item #4 IN WITNESS WHEREOF, the parties hereto have duly executed this Contract on the date first above written. CITY OF POWAY By:------------Chris Hazeltine, City Manager Date: ----------- ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By: __________ _ Alan Fenstermacher, City Attorney 11 of 14 VULCAN MATERIALS COMPANY By:------------- David A. Church, Sales Analyst II Date: ------------ February 21, 2023, Item #4 EXHIBIT "A" PROPOSAL TO THE CITY OF POWAY, CALIFORNIA Pursuant to and in compliance with the notice inviting sealed bids, the undersigned bidder proposes and agrees to supply: ASPHALT, AGGREGATES AND RELATED MATERIALS Bid No. 23-006 in accordance with these specifications, instructions and conditions to the City of Poway in the time, form and manner provided by law at the bid prices herein. Firm Name: Vv\. / C;). n ·1;1\ct f eri':~ k (~ 'j"' f 0 {1\;\ ~/t~/ _} By: (signature) Name and Title: {Please print) Address: Telephone: Fax: Email Address: A I O(Jrs-J Company State of California Business Registration Number: 3 0 9 3 L 7 'o Please use https://businesssearch.sos.ca.gov/ 12 of 14 February 21, 2023, Item #4 EXHIBIT "A" BID SCHEDULE CITY OF POWAY ASPHALT, AGGREGATES AND RELATED MATERIALS Bid No. 23-006 The City reserves the right to award asphalt products, asphalt / concrete disposal and aggregate materials to separate vendors. TABLE1:PRODUCT ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE NO. QUANTITY TOTAL 1. 3/4" Asphalt Base Course 500 TON $~.2~-$ S:2.,; f5◊-, 2. 1/2" Asphalt Surface Course 3,000 TON $J0L/1_¼_ $--2.l.1..Ql(Q.=_ 3. 3/8" Asphalt Surface Course 1,000 TON $J ~.l.:L_ $jlJ , jL-i{J- I 4. Asphalt Skin Patching Sheet 200 TON $ 115 ,I~ $ 27:),0 l.~--Mix V 5 Berm Mix 200 TON $ .J.3.L3.o_ $ 2.6, 2.60 --r- 6. 3/8" Cold Mix 300 TON $ ' .3.l.._3.Q 1 --$ .... 3.9.; 3 <J. 0 .- TABLE 1 TOTAL BID IN FIGURES:£._$ __::5:.::.......::0:__· l..1,I ,-; ...::O:.......J.7~3 ..!.., _0.::....;:(J;....' --------- TABLE 1 TOTAL BID IN WORDS: ____,F_-_;\_,t._. _ _,_H ::...:½=" {lc...:...>L;QC...:...(-'-<e,'-><J .__---=5:::....· .....:i x.::....t.,_3-1-· _-..... N .... · lc..:...r ..:....:, t-~:...._.....:T....:.h.:...:c:_\,::...:l ~=J..:..c.,1...;..,-=' _.S~e."-"v--"'e-'-11'--t-3_---'-f;:.---'-(J"-"\!+'-h-'--t-'-. __ DOLLARS and __ ......,M ....... oL _______ CENTS Please nqte any additional cost to dump clean asphalt grinds:$ _____ _ per I oat.\ . This will be taken into consideration for the total bid pricing. TABLE 2: DISPOSAL ITEM DESCRIPTION QUANTITY UNIT I TOTAL NO. 7. Asphalt/ Concrete Disposal 1 EA I $ _4QQQ.l.QD 10 YD DUMP TABLE 2 TOTAL BID IN ;..;Fl...::G...::U...:...R=E=S;_,;:$ _ ___,,,L,.......,,Q.,_1.....;o_o~,,.....,_C ... 1 .... C~---~------- TABLE 2 TOTAL BID 1N woRDs:_---'C~)~;_..1 __ ~"-----➔l------h ...... o .... \A. .......... '2 ..... 0__,__n ..... J ..... · ______ _ -----~------DOLLARS and n/4., CENTS 13 of 14 February 21, 2023, Item #4 EXHIBIT "A" BID SCHEDULE {Page 2) TABLE 3: PRODUCT AND DELIVERY ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE NO. QUANTITY DELIVERED 8. 3/4" Crushed Coarse 50 TON i lj '.Ct ~ $ 2.3~7 -Aggregates 3/4" Crushed Coarse Washed 9. Aggregate for Portland Cement 100 TON $ -$ - Concrete 10. Sand I Fine Aggregate 100 TON $ 3~.~' $ ~3. CL '-I u - 11. Sand for Portland Cement 50 TON $ -$ - Concrete 12. Crushed Aggregate Base 400 TON $ 52,13 $ 20 , ~ 22--T 13. Class II Recycled Base 500 TON $ Z2J 'i5 $ 11, 3 j o ·- TABLE 3 TOTAL BID IN FIGURES: $ 3 7.) 1 0 0 9 ---=-..:;...;., --'---------------- TABLE 3 TOTAL BID IN WORDS: _·..:...1...:.h-'-',..!...·,r_t:J..c.,(,· ..... -__...[,_,_.:)-=+d...,_'.).._f _ ..... T _h ..:;.c --""·-1 ...._:,i:1;,a..;" ·l...._10:....i..·1 _--"-'S--'-'ix ..... · _ .... -H'-'\A"-'t_,_1,...d-'r e .... ,_! __ {\_J..._//J ........ f __ , ________ DOLLARS and ----'-Af'-'-,,_', ________ CENTS TABLE 4: PRODUCT ONLY ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE NO. QUANTITY NOT DELIVERED 14. 3/4" Crushed Coarse 50 TON $ 2 g, 9'-/ $ l .t./i./l ~ Aggregates 3/4" Crushed Coarse Washed 15. Aggregate for Portland Cement 100 TON $ -$ ---- Concrete 16. Sand I Fine Aggregate 100 TON $ 2 1.~o $ 2.i i.f 6 ·- 17. Sand for Portland Cement 50 TON $ -$ -Concrete 18. Crushed Aggregate Base 400 TON $ 34,.33 $15 :73 2-,. 19. Class II Recycled Base 500 TON $ l 2,1g $_4"3i0 TABLE 4 TOTAL BID IN FIGURES: $ L 3 · 7 0 9 , (J Q -----;---'-~~------------- TABLE 4 TOTAL em IN woRDS: T we,aJ.9 -Th ,'"e,\,, l hov.:xtv1 d .Seven /1 y(")dr e, d A I~'() e, DOLLARS and 1/4 CENTS ' ---~~-------- BIDDER'S TITLE: 5J It 5 A n11 !ys f J(- sIGNATURE: ~/!:~--DATE: I lief /2-3 p- 14 of 14 February 21, 2023, Item #4