Report Prepared by: John C. Sagin Jr., AIA, Principal Architect and
Mark E. Hamilton, Housing Program Supervisor
Title
SUBJECT: Change Order with DOD Construction for the CDBG South Merced ADA Ramps Project 115028
REPORT IN BRIEF
Consider approving a change order in the amount of $33,662.60 for the installation of 5 additional handicap access ramps and connecting sidewalks at various locations in South Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a technical amendment to the 2014 HUD Annual Action Plan in the amount of $29,110 due to the construction costs for the additional ramps; and,
B. Authorizing a transfer from Fund 018-Housing to Fund 450-Streets and Signals CIP in the amount of $29,110 and appropriating the same to Account 450-1104-637.65-00-Project 115028 South Merced ADA Ramps; and,
C. Approving the Second Amendment to Interdepartmental Cooperative Agreement between the City of Merced Economic Development and Development Services Departments in the amount of $29,110; and,
D. Approving Change Order No. 1 for the CDBG South Merced ADA Ramps Project 115028, with DOD Construction, in the amount of $33,662.60; and,
E. Authorizing the City Manager to execute the necessary documents.
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 XI, Section 1109 - Contracts on Public
Works, and Merced Municipal Code Chapter 3.04, Article IV - Public Works Contracts. Every project involving an expenditure of more than sixty-three thousand and fifty-four dollars ($63,054) for the construction or improvements of public buildings, works, streets, drains, sewers, utilities, park, and playgrounds shall be let by contract to the lowest responsive and responsible bidder after notice by publication in the official newspaper by one or more insertions, the first of which shall be at least ten days before the time for opening bids.
CITY COUNCIL PRIORITIES
As provided for in the 2014-15 Adopted Budget.
DISCUSSION
Americans with Disability Act (ADA):
In November 2015, Council approved the 2015/2016 Americans with Disabilities Act (ADA) Self-Evaluation Report which stated the City would continue to install handicap access ramps and sidewalks throughout Merced to allow for greater access to public places.
The City has a Capital Improvement Project (CIP) in South Merced to fulfil our goal of improving various ramps and sidewalks, as outlined in the Self-Evaluation Report. The project included ramps at various locations on T and S Streets. The project also included alternates for 5 additional handicap access ramps at the intersections of T & 7th Streets and T & 4th Streets (attachment 1). The additional ramps are located directly adjacent to Stephen Leonard Park and Margaret Sheehy Elementary School, which assists in our goal to provide greater access to public places.
CDBG South Merced ADA Ramps Project:
The project, in general, included replacement of existing sidewalk, curb and gutter, landscape and irrigation repair, and the installation of handicap access ramps. The project is located at the intersections of T & 6th Street, T & 7th Street, S & 4th Street, S & 6th Street, and S & 7th Street in the City of Merced.
The initial scope for the project included 20 ramp locations, however, during the plans and specifications preparation by City staff, it was determined that there was a potential that the entire project scope could not be funded by the allocated project budget. This was as a result of the notable uptick that staff was observing through more recent construction bids. Nonetheless, staff subsequently decided it was best to split the bid packet into a base bid plus bid alternates. The project was advertised and bids were opened in May 2015. The base bid was awarded to DOD Construction in the amount of $105,990 at the July 20, 2015 Council meeting.
The fully-executed contract (attachment 2) was distributed to the contractor, which included only the base bid schedule. A pre-construction meeting was held September 16, 2015, and additional full set bid project plans were distributed to the contractor, which included plan sheets for the bid alternates, although not awarded, as those plan sheets were part of the original bid documents. Although the signed contract clearly shows only the base bid, unfortunately, the distributed plans, in hindsight, did not clearly highlight, delineate, or communicate the approved base bid only contract. Though it is ultimately the responsibility of the contractor to be mindful of his project scope and project limits, the fact that the plan set did not specifically communicate the approved base bid only contract, our inspection staff did not catch on to the extra work being installed until after the contractor had completed and billed for all work.
The cost of the 5 additional ramps totals $33,662.60; the construction contract has a budgeted 10% contingency ($10,599). The costs associated with Engineering, Testing, and Inspection came under budget by $1,953.08; however, the Housing Department has incurred $8,000 in charges for grant monitoring. A request to transfer $29,110 is necessary to cover the costs associated with the change order and City Housing Department grant monitoring fees.
The following is the proposed revised budget for the project:
|
Preliminary Phase |
$ 20,958.48 |
|
Construction Contract |
$ 105,990.00 |
|
Change Order No. 1 |
$ 33,662.60 |
|
Engineering, Testing, Inspection |
$ 13,936.92 |
|
Housing Monitoring Fee |
$ 8,000.00 |
|
Total |
$ 182,548.00 |
All work completed was done per project specifications. Staff’s recommendation is to approve Change Order No. 1 for the additional 5 ramps that have been fully built.
HISTORY AND PAST ACTIONS
On May 5, 2014, City Council adopted the Department of Housing and Urban Development (HUD) 2014/2015 Annual Action Plan, allocating $103,438 for South Merced Right of Way Improvements.
On August 18, 2014, City Council approved an Interdepartmental Cooperative Agreement between the departments of Development Services and Economic Development in the amount of $103,438 for the design and construction of the CDBG South Merced ADA Ramps Project.
On July 20, 2015, City Council approved a technical amendment to the 2014 HUD Annual Plan, the transfer of $50,000 from Fund 018-Housing to Fund 450-Streets, a First Amendment to the Interdepartmental Cooperative Agreement, as well as awarded the base bid to DOD Construction in the amount of $105,990 for the construction of the project.
IMPACT ON CITY RESOURCES
A technical amendment to the 2014/2015 HUD Annual Action Plan, in the amount of $29,110, is necessary due to the cost of the alternate ramp construction. A budget transfer from Fund 018-Housing to Capital Improvement Project Account 450-1104-637.65-00-115028 in the amount of $29,110 will be required as part of the technical amendment in order to complete the project.
The Interdepartmental Cooperative Agreement will also need to be amended to account for the increased budget of $29,110.
ATTACHMENTS
1. Location Map of Alternates
2. Original Construction Contract
3. Change Order No. 1
4. Second Amendment to Interdepartmental Cooperative Agreement