Report Prepared by: Christopher Jensen, Director of Parks & Community Services & Joe Cardoso, P.L.S., City Surveyor, Engineering Department
Title
SUBJECT: Request to Authorize the City Manager to Execute Contract Change Order No. 3 with American Paving Co. for the Additional Construction of the Second Phase of Development at Community Park 42 (CP-42), in an Amount not to Exceed $1,628,682.12 for Additional Work on Project Number CP220061 - Community Park 42 (CP-42)
REPORT IN BRIEF
Staff request authorization to waive the competitive bidding requirements for CP-42 for the construction of the second phase of development at CP-42, and request Council approve Contract Change Order No. 3 for additional fencing, field markings, goal posts, trees, Musco field lights, landscaping, and contract quantity adjustments in the amount of $1,628,682.12.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.04.210; and,
B. Approving Contract Change Order No. 3 with American Paving Co. in the amount of $1,628,682.12 and adding 35 working days for the change in scope of work; and,
C. Authorizing the City Manager to execute the necessary documents; and,
D. Authorizing the Finance Officer to make any necessary budget adjustments.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to conditions other than recommended by staff (identify specific findings and or/ conditions amended to be addressed in the motion); or,
3. Deny; or,
4. Refer to staff for reconsideration of specific items (specific items to be addressed in the motion); or,
5. Continue to a future meeting (date and time to be specified in the motion).
AUTHORITY
Charter of the City of Merced, Article Xl, Section 1109 - Contracts on Public Works, Merced Municipal Code Chapter 3.04, Article lV - Public Works Contracts, and City of Merced Charter Section 3.04.210 - Exemptions from Competitive Bidding.
CITY COUNCIL PRIORITIES
As provided for in the 2024-25 Adopted Budget.
DISCUSSION
During the December 6, 2021, Public Hearing, City Council adopted the American Rescue Plan Act (ARPA) Strategic Investment Plan that included an allocation of $5,000,000 to fund the Community Park 42 Regional Sports Facility. The allocation of ARPA funds was approved by City Council on April 18, 2022.
On May 2, 2022, City Council accepted and appropriated grant funds in the amount of $177,952.00 from State of California - Natural Resources Agency Department for the development of two restrooms at Community Park-42. The grant requires matching funds in the amount of $44,488.00 from the City of Merced.
On April 17, 2023, City Council approved a Memorandum of Understanding (MOU) Between the City of Merced and the Merced County Office of Education (MCOE) to Accept $650,000 to Install a Futsal Court at Community Park 42 Regional Sports Facility and Award Bid the base bid to American Paving Co. for the Community Park 42, Project Number CP220061, in the Amount of $5,800,580.70.
As part of the adopted City Manager 23-24 budget City Council allocated an additional $3,300,000 of ARPA funds to the project to allow the construction of Change Order 2 and additional work.
On May 5, 2024, City Council allocated $1,051,020 to the project to cover items such as field lights (Musco), turf and hydroseed the additional soccer fields, and additional work.
The awarded contract with American Paving Company included all work proposed as Phase 1 of the project, two soccer fields, a section of parking lot, a futsal court, two tennis and pickleball courts, sand volleyball courts, and some connecting walkways.
On September 5, 2023, City Council approved Contract Change Order No. 1 in the amount of $1,365,524.00 for the award of the following bid schedules:
• Bid Schedule B - extra sidewalks and concrete work, picnic tables, landscaping, and site grading.
• Bid Schedule C - electrical feeder to the shade structure, picnic tables, and the 50’x100’ shade structure.
• Bid Schedule D - additions sidewalk and flatwork, picnic tables, electrical feeder to the shade structure, and excluded the 30’x30’ shade structure due to budgetary reasons.
• Bid Schedule F - adding lights to the parking lot and surrounding areas.
On January 2, 2024, City Council approved Contract Change Order No. 2 in the amount of $1,532,539.00 for the award of the following bid schedules and extra work as described in Contract Change Order No. 2 includes, soil import, grading, electrical, basketball courts, irrigation, and other work as describe in Contract Changer No. 2.
Change Order No. 3 is necessary to complete the overall project which include items such as Musco field lights, additional fencing, field markers, benches, soccer goals, soils preparation, turf hydroseeds, shrubs, trees, landscape maintenance, and other work as described in Change Order No. 3.
Staff is currently seeking authorization to waive the competitive bidding process for standardization and efficiency to continue the construction of the second phase of development with the current contractor and is seeking additional funding sources to complete the project, and recommends Council approve Contract Change Order No. 3 to allow the contractor currently on site to continue work to avoid any work stoppages.
IMPACT ON CITY RESOURCES
Project CP220061 was established as a Capital Improvement Project and there is sufficient funding in the project to complete change order 3.
ATTACHMENTS
1. Contract Change Order No. 3
2. Contract Change Order No. 2
3. Original Contract & Change Order No. 1