PREPARED BY: CAROL HUANG DATE OF MEETING: 12/04/17
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING CHANGE ORDER #1 ON AN EXISTING CONSTRUCTION CONTRACT WITH KEREX ENGINEERING, INC. FOR THE EL PORTAL DRIVE ROAD SETTLEMENT PROJECT IN THE AMOUNT OF $63,940 FOR THE ADDITIVE PAVEMENT RECONSTRUCTION WORK FOR AN INCREASED TOTAL AUTHORIZATION OF $158,088 INCLUDING A 15 PERCENT PROJECT CONTINGENCY
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
CIP 2018-2021
Storm Drain Upgrade Program under Street Maintenance in the Infrastructure section is an adopted policy item under the Public Safety policy area under the Traffic Safety Program of the FY 2018-21 City Council Priority Workplan, effective November 1, 2017.
CEQA Compliance Statement
The project is categorically exempt under the California Environmental Quality Act, Section 15301(c) of the CEQA Regulations, Existing Facilities. A Notice of Exemption was filed with the Contra Costa County Clerk on November 13, 2017.
BACKGROUND
At the intersection of El Portal Drive and Fordham Street an 18-inch storm drain carrying storm water runoff from Rollingwood subdivision has settled. It is believed that this has contributed to soil being washed away from under the surrounding roadway, sidewalk and retaining wall that holds up the road, thus undermining the infrastructure. The roadway deterioration has required the City to conduct repeated patch work to eliminate claims of vehicle damage by drivers on El Portal, but the runoff scouring the hillside down to San Pablo Creek and further destabilizing the retaining wall remains unchecked.
According to a site reconnaissance performed by Miller Pacific Engineering Group (MPEG) on March 4, 2016, significant distress was observed to the existing asphalt pavement and surrounding concrete hardscape within a zone extending on the west from St. Joseph Cemetery’s private bridge to a point about 60-feet east. Furthermore, MPEG reviewed an April 2016 Pipeline Observation Report documenting a video inspection of the storm drain, which indicated the existing storm drain pipe was separated about 5.5 feet upstream from the creek side curb.
Two phases have been discussed to mitigate the damages. Based on recommendations from the City’s on-call geotechnical engineer MPEG and the City’s on-call civil engineering consultant, Harrison Engineering, Phase I includes pavement restoration, curb and gutter and sidewalk replacement, as well as storm drain repair and grouting with a cement-treated slurry of the area where soil has been sloughing off under the retaining wall. Phase II, which is not part of this project, includes stabilization of the retaining wall and creek embankment restoration as needed. The construction contract is for Phase I.
Meetings have been held with EBMUD, the County/Flood Control District and the City to discuss the possible cause of the storm drain pipe settlement, and the parties have entered into tolling agreements to allow work to proceed while putting a hold on any legal proceedings. EBMUD had agreed to perform the needed pavement reconstruction work after completion of the trench backfill and the plans and contract documents prepared accordingly. However, as part of the bid proposal, staff also requested that all bidders to provide a bid on the pavement reconstruction work as Additive Scope in case EBMUD did not or could not perform the work.
On November 20, 2017, pursuant to Resolution 2017-218, the City Council awarded the construction contract to Kerex Engineering and approved the contract at $81,868 plus a 15% contingency for a total funding allocation of $94,148, Inc. for the El Portal Road Settlement Project, without the pavement reconstruction work that was to be done by EBMUD.
On November 26, 2017, EBMUD indicated that they cannot commit to the City’s proposed construction timeline. They now propose to pay the City’s pavement contractor for the time and materials provided in an amount not to exceed $64,000 for the pavement reconstruction additive work with an execution of a release from liability. At the time of writing this staff report, EBMUD has not provided the intended release to the City so that staff is not able to bring it forward to the City Council with a recommendation. A future closed session will be scheduled regarding liability issues and any release/settlement agreements. At this time, staff seeks Council approval of the change order to allow the work to proceed given the imminent winter rains, with authorization to spend the already budgeted funds.
|
Description |
Amount |
Remarks |
|
Kerex Engineering, Inc. Bid Amount for the Base Bid Scope |
$81,868 |
Funding appropriated under adopted Resolution 2017-218. |
|
Kerex Engineering, Inc. Bid Amount for the Pavement Reconstruction Additive Scope |
$63,940 |
Requested additional funding appropriation for Change Order #1 scope to be reimbursed by EBMUD. |
|
Approved 15% Project Contingency |
$12,280 |
Funding appropriated under adopted Resolution 2017-218. |
|
TOTAL |
$158,088 |
|
FISCAL IMPACT
Change Order #1 for the pavement reconstruction additive scope in an amount of $63,940, with the previously appropriated funding of $94,148 makes for a total authorization amount of $158,088. Funding in the amount of $250,000 was already budgeted in the FY 2018-21 Capital Improvement Program project budget under El Portal Road Settlement Project, account number 320-3200-43600-POR-SET. At this time, there is no additional fiscal impact.