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  Agenda Item   20.    
City Council Meeting
Meeting Date: 08/15/2017  
FROM: Bill Gallardo

Subject:
Tracks at Brea Segment 2 and Segment 3 Restroom, Project 7873 - Additional Project Construction Contingency
RECOMMENDATION
1. Increase Project Construction Contingency from $245,543 (10%) to $791,154 (32%) of the Construction Contract Price to cover current approved Change Orders issued to date that do not exceed the 10% contingency amount as well as the anticipated pending Change Orders; and

2. Authorize the Public Works Director or his designee to issue Contract Change Orders up to a “not to exceed” amount of 32% of the Construction Contract Price.
BACKGROUND/DISCUSSION
On December 06, 2016, City Council awarded a contract to Lucas Builders, Inc. (LBI) in the amount of $2,455,433.02 and approved a construction contingency of 10% of the Contract Price ($245,543) for the Tracks at Brea Segment 2 and Segment 3 Restroom, Project 7873 (Project).  LBI’s bid amount was $600,356 less than the second low bidder for the Project.
 
The Project converts abandoned railroad rights-of-way, flood control channels and City property into a safe and convenient recreation corridor for pedestrians and bicyclists.  As a result of over 100 years of railroad use, segments of the trail route that were once railroad rights-of-way are contaminated with arsenic, which was commonly used as a weed suppressant along the tracks.  In order to properly address the contaminated soil within the tracks, a Soil Remediation Action Plan (SRAP) was developed and approved by the Orange County Health Care Agency (OCHCA). Prior to bidding, the amount of soil to be disposed and imported was estimated based on soil testing and analysis as part of the SRAP.  However, the SRAP also requires that additional soil testing be performed during construction to verify that the soil proposed to remain on the tracks conforms to OCHCA requirements.
 
The Project construction including soil remediation, rough grading, import and trail construction started in February 2017. The Project was originally anticipated to be completed by August 2017. However, during construction, the City's geotechnical consultant identified additional contaminated soil that requires disposal per SRAP and OCHCA guidelines. Based on the added soil test results, an additional net increase cost to the bid quantities for soil export and import of $478,585 is needed to complete the required soil remedial work to comply with OCHCA.  Furthermore, staff is estimating a need for other Contract Change Orders and miscellaneous unforeseen conditions as seen in the table below (items 2 through 9) including allowance for potential Change Orders in an amount of approximately $312,569.  Therefore, due to the extra soil remediation requirements and other Contract Change Orders, staff is requesting that the Contract Contingency be increased from 10% ($245,543) to 32% ($791,154) in order to continue with the construction Contract with LBI.

Below is a list of the current Contract bid quantity cost overages and pending Change Orders:
 
 
  Description Amount

1.
Additional net soil to export (contaminated soil) and net import (clean soil).
$478,585
2. Drinking fountain changes.
 
$7,323
3. Repairs to unknown storm drain line running along the trail.
$11,942
4. Changing the handrail to a guardrail at the west stair railing.
$7,705
5. Southern California Edison connection to irrigation and future lighting.
*$104,399
6. Modification to the west stairway to avoid storm drain line.
*$60,000
7. Modification to the stairway to provide proper drainage.
*$30,000
8. Over excavation needed for the restroom building.
*$40,000
9. Allowance for potential change orders.
*$51,200
  Total
$791,154
*Estimated amount

Additionally, based on the extra and unforeseen work described herein, the new anticipated project completion is October 2017.
COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff’s recommendation at their August 8, 2017 meeting and recommended to proceed.
FISCAL IMPACT/SUMMARY
The total approved budget for the Project is $3,964,093 with grant funding coming from a combination of Environmental Protection Agency (EPA) ($153,614), Active Transportation Program (ATP) ($2,577,000), Urban Greening ($815,849), and Land and Water Conservation Fund (LWCF) ($417,630). Staff is requesting City Council consider increasing the Contract Contingency from 10% ($245,543) to 32% ($791,154) and to authorize the Public Works Director or his designee to issue Contract Change Orders in an amount "not to exceed" 32% of the original Contract amount. This contingency increase with Change Order authority will cover the cost of current approved Change Orders issued to date that do not exceed the 10% contingency amount as well as the anticipated pending Change Order work as identified in the preceding table.  There is no General Fund impact from this action. Please see the breakdown of the construction and construction engineering budget on the following page:
 
 
Project Expenditure Budget
Construction Contract $2,455,433
Previously Approved Contingency (10%) $245,543
Additional Contingency Amount Requested (22%) $545,611
Revised Contingency (32%) $791,154
Sub-Total $3,246,587
Construction Engineering $405,146
Environmental-Geotechnical Inspection Services $312,360
Total Approved Budget $3,964,093

The Project encountered unforeseen conditions including additional soil remediation above the bid quantities and rough grading work. This resulted in extra costs for the additional export of contaminated soil and import of clean soil in accordance with SRAP and OCHCA requirements.  Therefore, staff is requesting City Council consider increasing the Construction Contingency from 10% to 32% of the Contract price and to authorize the Public Works Director or his designee to issue Change Orders in the amount "not-to-exceed" 32% ($791,154) of the Contract price.  If approved, the total revised Contract amount is estimated to be $3,246,587 with all Change Orders issued to date under the 10% contingency and as estimated up to the requested 32% contingency amount.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Raymond Contreras, Assistant Engineer
Concurrence: Steve Kooyman, P.E., City Engineer

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