ITEM 4. 5
CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: RATIFICATION OF CONTRACT CHANGE ORDER
NO. 1 WITH AMERICAN PAVEMENT SYSTEMS,
INC. FOR MANTHEY ROAD REHABILITATION,
CIP PS 21- 08
RECOMMENDATION: Adopt Resolution Ratifying the City Manager' s Action to Execute Contract Change Order No. 1
with American Pavement Systems, Inc. for
Manthey Road Rehabilitation, CIP PS 21- 08
SUMMARY:
On August 9, 2021, City Council approved the award of a construction contract to American Pavement Systems, Inc. ( APS) for Manthey Road Rehabilitation, CIP PS 21- 08 ( Project). This Project scope included the application of a Scrub Seal coat to the project segment of Manthey Road. Subsequent investigation into the road' s condition indicates that an Asphalt Rubber Aggregate Membrane ( ARAM) surfacing treatment would extend the life of this segment of pavement at a lower life cycle cost than the Scrub Seal. Additional segments of City roads near the Project but not included in the initial Project scope were also identified as suitable for the application of ARAM surfacing, including segments of Brookhurst Boulevard, Sadler Oak Way and new lanes on Manthey and Sadler Oak.
APS has submitted a cost estimate of $ 129, 118. 61 for the application of ARAM to the original Project scope and additional aforementioned roads, and removal and application of traffic striping and pavement markings. Staff requests Council ratify the City Manager' s action to execute Contract Change Order ( CCO) No. 1 with American Pavement Systems, Inc. in the amount of $ 129, 118. 61 for Manthey Road Rehabilitation, CIP PS 21- 08. CCO No. 1 was issued using the City Manager' s signing authority to avoid any delay in completing the Project.
BACKGROUND:
The segment of Manthey Road from Towne Centre Drive to the San Joaquin River bridge is in fair to poor condition. Areas of fatigue cracking due to construction traffic have compromised the road base by allowing the intrusion of water, so surface rehabilitation is necessary for the preservation of this segment of road. Construction of the new Mossdale Apartments along Manthey will conclude later this year, and will generate an increase in traffic along this road. Both factors indicated the need to improve the surface integrity and ride quality of this segment of road, and provided support for the project creation. Scrub Seal was the chosen surfacing treatment for the road because the material placement with drag brooms works the asphaltic material deeper into the cracks than conventional chip sealing.
CITY MANAGER' S REPORT PAGE 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
RATIFY CONTRACT CHANGE ORDER NO. 1 WITH AMERICAN PAVEMENT SYSTEMS, INC. FOR MANTHEY ROAD REHABILITATION, CIP PS 21- 08 Construction of the Project was planned for late 2021, but early rain ended the paving season before work could begin. Inspection of the Project segment in March 2022 revealed an increase in the severity of surface cracking during the 2021- 2022 winter, necessitating a more robust repair treatment. Therefore, staff requested a cost estimate from APS for the substitution of the Scrub Seal with ARAM on the Project segment. The flexibility of the rubber binder of the ARAM is necessary to seal the large surface cracks as they expand and contract due to temperature fluctuations; therefore, it will better prevent water intrusion into the road base than the Scrub Seal. Staff also requested a quote from APS for the application of ARAM to segments of Brookhurst Boulevard, Sadler Oak Way, and a new lane on Manthey Road, as these roads will also experience higher traffic volumes as Mossdale Apartments add tenants. CCO No. 1 ( Attachment B") includes revised Project limits.
APS has provided a quote for the aforementioned changes in Project scope for 129, 118. 61. CCO No. 1 was issued using the City Manager' s signing authority to avoid any delay in completing the Project. Staff requests Council ratify the City Manager' s action to execute CCO # 1 with American Pavement Systems, Inc. for 129, 118. 61 for Manthey Road Rehabilitation, CIP PS 21- 08.
REASON FOR RECOMMENDATION:
The flexibility of the rubber component of the ARAM is needed to seal the surface cracking in Manthey road to extend the pavement' s service life, and the ARAM will also provide a durable and cost- effective method of extending the service life of roads proximal to Manthey Road that will soon experience higher traffic volumes.
Ratification of CCO # 1 with APS for the Manthey Road Rehabilitation, CIP PS 21- 08 will provide Manthey Road and the subject surrounding streets with a durable surfacing, and hence an extension of the useful service life of these roads by approximately 6 years.
FISCAL IMPACT:
The cost of CCO No. 1 is $ 129, 118. 61. Sufficient funds have been allocated for CIP PS 21- 08; therefore, no budget amendment is requested at this time.
ATTACH M E NTS:
A. Resolution Ratifying the City Manager' s Action to Execute Contract Change Order No. 1 with American Pavement Systems, Inc. for Manthey Road Rehabilitation, CIP PS 21- 08
B. Contract Change Order No. 1 with American Pavement Systems, Inc. for Manthey Road Rehabilitation, CIP PS 21- 08.
CITY MANAGER' S REPORT PAGE 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
RATIFY CONTRACT CHANGE ORDER NO. 1 WITH AMERICAN PAVEMENT SYSTEMS, INC. FOR MANTHEY ROAD REHABILITATION, CIP PS 21- 08
APPROVALS
5- Z - Z-r 2ZKen Reed Date
Senior Construction Manager
y •28• zo22.
Michael Ki Date
Directo ic Works
ri Jam Date
Finance P' ector
S. Z - ZZ> Z.Z,
Salvador Navarrete Date
City Attorney
3 S• ZZ
en J. Salvatore Date
City Manager
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING THE CITY MANAGER' S ACTION TO EXECUTE CONTRACT CHANGE ORDER NO. 1 WITH AMERICAN PAVEMENT SYSTEMS, INC. FOR MANTHEY ROAD REHABILITATION, CIP PS 21- 08
WHEREAS, on August 9, 2021, City Council approved the award of a construction contract to American Pavement Systems, Inc. ( APS) for Manthey Road Rehabilitation, CIP PS 21- 08 ( Project), which included the application of a Scrub Seal to seal the surface cracking to the project segment; and WHEREAS, the increased severity of asphalt surface cracking of the Project segment on Manthey Road occurring over the 2021- 2022 winter requires a more robust surfacing treatment; and
WHEREAS, subsequent investigation into the road' s condition indicates that an Asphalt Rubber Aggregate Membrane ( ARAM) surfacing treatment would extend the life of this segment of pavement at a lower life cycle cost than the Scrub Seal; and
WHEREAS, additional segments of City roads near the Project but not included in the initial Project scope were also identified as suitable for the application of ARAM surfacing, including segments of Brookhurst Boulevard, Sadler Oak Way and new lanes on Manthey and Sadler Oak; and
WHEREAS, staff requested a cost estimate from APS for the substitution of the Scrub Seal with ARAM on the Project segment of Manthey as well as application of ARAM to additional segments of Sadler Oak Way and Brookhurst Boulevard; and WHEREAS, APS has provided the City a cost estimate of $ 129, 118. 61 for the aforementioned changes in Project scope; and
WHEREAS, Contract Change Order ( CCO) No. 1 was issued using the City Manager's signing authority to avoid any delay in completing the Project; and WHEREAS, staff requests Council ratify the City Manager' s action to execute CCO No. 1 with APS for the Project.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the City Manager' s action to execute Contract Change Order No. 1 with American Pavement Systems, Inc. in the amount of $ 129, 118. 61 for Manthey Road Rehabilitation, CIP PS 21- 08.
The foregoing resolution was passed and adopted this 16th day of May, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Cierk Salvador Navarrete, City Attorney
ATTACHMENT B
CHANGE ORDER NO. 1
Manthey Road Rehabilitation— CIP PS 21- 08 City of Lathrop CONTRACT CHANGE ORDER NO. 1
Manthev Road Rehabilitation CIP PS 21- 08— Switch f om Scrub Seal to Asahalt Rubber and Additional Locations
Contractor: American Pavement Systems, Inc.
Address: CppY 1012 11th St, Suite 1000
Modesto, CA 95354
Change Order Date: Aprii_, 2022
Notice to Proceed Date: October 21, 2021
Contract Execution Date: August 9, 2021
This contract change order augments or changes the following:
1) ADDITIONS AND REDUCTIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and American Pavement Systems, lnc. dated August 9, 2021.
I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S)/REDUCTION( S) TO CONTRACT
BASE BID— SWITCH TO ASPHALT RUBBER AR
B UNIT
ITEM DESCRIPTION QTY UNIT PRICE TOTAL
5 Reduction — Scrub Seal 26, 920 SY 2. 55 68, 646.00
105 As halt Rubber A re ate Membrane 26 920 SY 4. 70 $ 126 524. 00
ADDITIONAL LOCATIONS
BID UNIT
ITEM DESCRIPTION QTY UNIT PRICE TOTAL
2 Traffic Control 1 LS $ 5, 000. 00 5, 000.00
105 As halt Rubber A re ate Membrane 7, 397 SY 4.70 34,765.90 106 MicrosurFacin 7, 397 SY 2. 43 17,974.71
9 Detail 22 Thermo lastic 1, 015 LF 1. 20 1, 218. 00
10 Thermo Plastic Markin s 904 SF 8. 00 7,232.00
3 Remove Existing Conflicting Striping 1 LS $ 5, 050. 00 5, 050. 00 and Markin s
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER NO. 1 129, 118. 61 ORIGINAL CONTRACT AMOUNT 302, 353. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER NO. 1 431, 471. 61
END OF CHANGES)
CHANGE ORDER NO. 1
Manthey Road Rehabilitation— CIP PS 21- 08 City of Lathrop
DESCRIPTION OF WORK
See additions to contract. The contractor shall provide ali labor, material, equipment and shall perform all incidentai tasks as necessary to complete the change order.
TIME OF COMPLETION
The extra work will increase the time frame of the original contract by 30 working days.
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 1. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.
END OF SECTION)
CHANGE ORDER NO. 1
Manthey Road Rehabititation- CIP PS 21- 08 City of Lathrop Approved As
To Form: j! L' • 1U Z„
Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By: 1,.G-- - ,--,., 2 • 2z
Michaei King Date
Director of Public Works
City of Lathrop
Approved By: C yxj•ZL
Subject to Council S• Salvatore Date
ratification City Manager
Reso no. City of Lathrop
Accepted By
Contractor: 25 22
A erican Pavement Systems, Inc. Date
Dominic Dias, Project Manager
Print Name and Title
L
Teresa Vargas, C
aovemme t Services Director
City Clerk
C ty f . thrc
ENrs EXHIBIT A
QQ'
J
y
Phone: ( 209) 522- 2277
PROPOSAL F: ( 209) 408-0427
3 CA Lic No: 943792
N CA DIR No: 1000000207
To: Ken Reed/ Larry Backert
ompany: City of Lathrop
Project: Lathrop- Manthey Road Rehabilitation C/ P PS 21- 08 Product: Scrub Seal to ARB Bid Date: Thursday, April 14, 2022 Time:
Item# Descri tion Quanti Unit Unit Cost item Cost
Base Bid- Switch to AR Binder
105 Asphalt Rubber Aggregate Membrane 26, 920 SY 4. 70 126, 524. 00 5 Scrub Seal- Credit 26, 920 SY 2. 55 68,646. 00
CCO- Additional Locations
2 Traffic Control 1 LS 5, 000. 00 5,000. 00
1d5 Aspfiait RubberAggregate Membrane 7, 397 SY 4.70 34,765.90 106 MicrosurFacing 7, 397 SY 2.43 17,974.71
9 Detai122 Thermoplastic 1, 015 LF 1. 20 1, 218. 00
10 Thermo Plastic Markings 904 SF 8. 00 7, 232. 00
3 Remove Existing Conflicting Striping and 1 LS 5,050. 00 5,050.00 Total Bid Price: 129 118. 610
Estimator: David Pimley( 209) 275- 7031 Please see Inclusions 8 Exclusfons below.`* Pr(ce Includes:
1 Move- in( s), additlonal moves at $ 25, 000.
Protection of existing manhole covers, water vaive boxes and any other utility covers which can be easily covered fn order to prevent chip seal from sUcking to ft.
I cludes Roiling and Sweeping on Chip Sea Days. Light Pre- Sweeping prior to the appifcation of chip seal only.
Quoted cost and Invotce will be based on a minlmum of tha bid items above. Amounts over the bid quanitites will 6e invofced at the unit cost quoted Price F ccludes: The following items are not included unless APS speclflcaliy includes them in the format of our proposal under" Inciudes." My appiicabie pertnits or fees, inspection or inspection costs.
Notification of owners or agencies aifected by the work.
Traffic plan, Fiagging, Treffic signs, PCMS Boards, Attenuator Truck/ Trailer, PosBng No Parking Signs, Barricading, Notifications.
Testing, UA-(] C plan 8 Inspection. SWPP MaterialslSuppiies and/ or Placement SWPC Manager.
Removal of items from wotk area and/ or towing of vehicles from the work area.
Post Sweeping.
AdJustment of any utiUties, marking of utili8es.
Removal or roughening and/ or replacement of existing pavement markings and markers.
Removal of vegetation, silt spots, oil, grease or any other eutraneous materials which may affect the adherence of chip seal to the existing pavement, Herbicide or weed sterilant. Flushing of surface with water prior to the application of any materiais.
Asphalt repairs, Tree Trimming, seai coat, striping, crack sealing or deaning.
Removal& disposal of any refuse, tree limbs, or garbage piles. Cleanup or any type of surtace preparation prior to chip seal.
Other project work Itams and/ or any other work.
Conditfons:
Work to be pertarmed Monday through Friday during rwrmai working hours of 7: 00 a. m. until 5: 00 p. m. Price for split shift, weekend or night work to be provided upon request. APS will not electronically sign any subcontract documents.
Price is firtn for acceptance within 30 days. Work must be scheduled 60 days in advance to assure crew availability.
Credit Terms:
APS Terms are Net 30. All Invoices are due and payable 30 days from Inwice Date.
Interest shall be paid at a rate of 1. 5°/a per month to all late payments.
Acceptance: Date:
rinted Name:
P/ease sign, date, and retum. These terms and conditions shai( supersede any bid request advertisement or subcontracf language.
Should this quotation be accepted, the entlre quolation must be induded in! he su6conhact agreement or purchase order.
American Pavement Systems, Inc.
1012 11th Street— Modesto, CA 95354
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