Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Nicholas J. Calderon, Director of Parks
Ann M. Stillman, Director of Public Works
Subject: Increase the Not-to-Exceed Amount of the Agreement with Gordon N. Ball, Inc. for the Tunitas Creek Beach Improvements Project
[County Project No. P30T1, Project File No. E4995]
RECOMMENDATION:
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Adopt a resolution increasing the Director of Public Works’ authority to execute change orders to the construction agreement with Gordon N. Ball, Inc., for the Tunitas Creek Beach Improvements Project, to increase the not-to-exceed amount of $12,753,081 by an additional $1,500,000 to a new not-to-exceed amount of $14,253,081.
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BACKGROUND:
On January 31, 2023, this Board adopted Resolution No. 079437, which authorized the Director of Public Works to proceed with finalizing the plans and specifications and call for sealed bids for the Tunitas Creek Beach Improvements Project (Project).
On June 13, 2023, this Board adopted Resolution No. 079664, which adopted the plans and specifications, including conformance with general prevailing wages, as established by the Department of Industrial Relations, in the locality in which said work is to be performed for each type of workman needed to execute the contract for the Project. The resolution also authorized an agreement with Gordon N. Ball, Inc. for construction of the Project in the amount of $11,593,710 and authorized the Director of Public Works to execute contract change orders to grant time extensions for project completion and payment up to a maximum agreement amount not to exceed $12,753,081.
DISCUSSION:
Unanticipated conditions encountered during construction of the Project have led to a determination that the original “not-to-exceed” amount of the agreement will not be sufficient to appropriately compensate Gordon N. Ball, Inc. for the Project based on the following factors:
1) Additional costs were incurred for importing soil to complete repairs in the lower landslide areas. This need arose after clearing and grubbing operations at the site revealed discrepancies between the actual grade and the topographical survey used during the initial design. The total cost for this additional work is approximately $655,360.
2) Additional costs were incurred for over-excavating the proposed parking lot areas to generate material for use as fill in the mid-bluff and pathway areas to avoid construction delays. Due to a material shortage, the Contractor had to import recycled aggregate base rock from two different sources to replace the soil removed from the parking lot areas. This work included hauling, placing, and compacting the material in the parking lot areas. The total cost for this additional work is approximately $652,124.
3) Additional costs were incurred for various unforeseen changes to the original scope of the Project, such as revising the striping plan on Highway 1, implementing additional temporary traffic control per Caltrans requirements, and relocating the utility joint trenches due to a discrepancy on PG&E’s overhead and underground plans. The total cost for this additional work is approximately $192,516.
The Department of Public Works (Department) recommends that this Board consider these unanticipated conditions for the Project and approve the recommended contract increase amount to facilitate Project completion. Construction issues or conflicts arise during construction, which must be addressed immediately to keep the Project moving forward. In some cases, these issues require additional compensation. The Department is working diligently through construction of the Project to minimize additional costs and develop solutions that are timely, effective, and financially responsible.
The County Attorney has reviewed and approved the resolution as to form.
COMMUNITY IMPACT:
The Department, through this recommended action, reaffirms its commitment to advance access to improvements that serve our communities and ensures that critical construction activities can be accomplished. By completing the Project, the County will provide another source of low-cost recreation on the coast, that provides educational opportunities, which are culturally responsive and accessible for all abilities.
FISCAL IMPACT:
The new not-to-exceed amount of the Gordon N. Ball, Inc. construction contract is $14,253,081. The recommended increase of the Project contract by $1,500,000 will allow for payment to the Contractor for the above-described unanticipated work.
Funds have been allocated in the Parks Department’s Capital Projects Fund and FY 2024-25 Capital Projects Budget for this Project.