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19.
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| City Council Regular |
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| SUBJECT: |
| CHANGE ORDER NO. 1 TO AGREEMENT NO. A2024-173 WITH CRIMSON MARIE COMPANY, INC. FOR THE CONSTRUCTION OF THE COMMUNITY PARK CONCRETE V-DITCH REPLACEMENT AND RESTORATION PROJECT |
| RECOMMENDATION: |
- Authorize the execution of Change Order No. 1 to Agreement No. A2024-173 with Crimson Marie Company, Inc. in the amount of $86,647.20, increasing the total agreement to a not-to-exceed amount of $639,086.00.
- Authorize the City Manager, at his discretion, to approve additional cumulative change orders from 10% to 20% ($110,487.76) of the original awarded contract amount for the anticipated change orders during the remainder of the construction phase.
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| BACKGROUND/ANALYSIS: |
On October 22, 2024, the City Council approved the construction contract with Crimson Marie Company, Inc. (Crimson) for the construction of the Community Park Concrete V-Ditch Replacement and Restoration project. The City Council also provided authorization for the City Manager to approve change orders up to a cumulative amount of $55,243.88, or 10% of the contract amount.
Construction began on November 18, 2024, and is still currently underway. The project primarily consists of replacing and restoring approximately 600 linear feet of undermined and damaged storm drain V-ditch along the Community Park’s west property line. During the initial phases of construction, a section of the existing V-ditch slated to remain for minor backfill slurry was removed for staff to perform close inspection and soil exploration underneath a section of cracked V-ditch. Staff discovered cracks along the bottom of the V-ditch had shifted uncovering voids and further concrete stress beginning to develop. Staff has determined the necessity to remove and replace these additional sections of the V-ditch. With the additional removal and replacement of the V-ditch, the adjustment of the bid line items applicable to the work will increase the contract amount more than 10% and thereby exceed the City Manager’s authority to approve Change Order No. 1.
The cumulative amended Agreement No. A2024-173 is summarized as follows:
| Original Agreement Amount |
$552,438.80 |
| Amendment No. 1 |
$86,647.20 |
| Revised Agreement Amount |
$639,086.00 |
In addition, with the construction phase in its early phase, potential unforeseen conditions and changes to the scope of work may be encountered. Staff is requesting authorization from the City Manager, at his discretion, to approve additional cumulative change orders from 10% to 20% of the original contract amount to Crimson Marie Company, Inc., for a grand total of $110,487.76, to efficiently process time-sensitive change order requests and to ensure construction moves forward without undue delay.
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| ENVIRONMENTAL (CEQA) REVIEW: |
At the August 13, 2024, City Council meeting, the project was determined to be exempt as a Class 2(c) Categorical Exemption (existing utility systems and/or facilities involving negligible or no expansion of capacity), pursuant to Section 15302 of Guidelines for the California Environmental Quality Act of 1970, as amended, Public Resources Code section 21000 et seq.
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| FISCAL IMPACT: |
The total estimated cost for this project is as follows:
| Item |
Amount |
| RJM Contract (Design Services – Phases I and II) |
$177,900.00 |
Ludwig Engineering Contract (Design Services - Phase III)
Ludwig Engineering Contract (Design Services - SD concrete V-Ditch Repair)
Ludwig Engineering Contract (Amendment #2)
Ludwig Engineering Contract (Amendment #3)
Contingencies (10%) |
$118,870.00
$34,018.00
$15,270.00
$24,920.00
$19,307.80
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GMU Contract (Geotech Services)
Phase I - Turf Infiltration Testing Services and
Phase II - Construction Geotech Observation and Testing Services
V-Ditch Replacement – Construction Observation and Testing Services
Phase III - Construction Observation and Testing Services |
$10,150.00
$83,595.00
$9,950.00
$23,406.00
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Phase I - Construction Contracts (Artificial Turf Replacement (Fields 1-4)
Phase II - Construction Contract (Artificial Turf Replacement (Fields 5&6)
V-Ditch Replacement - Construction Contract (ARPA)
V-Ditch Replacement - Change Order No. 1
Phase III - Construction Contract (Parking Lot Exp & Site Improv - Re-Bid) ARPA |
$4,382,585.19
$1,746,437.05
$552,438.80
$86,647.20
$2,029,957.92
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V-Ditch Replacement - Construction Contingencies (20%)
Phase III - Construction Contingencies (10%) |
$110,487.76
$202,995.79
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| Staff Time, Construction Management, Inspection, and Testing (Cumulative) |
$605,003.49 |
| Other Miscellaneous Park Improvements Contracts and Expenses |
$600,310.00 |
| Total |
$10,834,250.00 |
The current Capital Improvement Program has $10,834,250 budgeted for the Community Park Improvements project. There is no impact on the General Fund with this item. The funding available for this project is as follows:
| Project No. |
Funding Source |
Amount |
| PK22003 |
General Fund |
$4,558,250.00 |
| PK22003 |
Parks Maintenance |
$1,226,000.00 |
| PK22003 |
Miscellaneous Grants |
$250,000.00 |
| PK22003 |
CFD 8 |
$2,300.50 |
| PK22003 |
CFD 9 |
$2,448,508.00 |
| PK22003 |
CFD - Regional |
$1,349,191.50 |
| PK22003 |
American Rescue Plan Act (ARPA) |
$1,000,000.00 |
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Total Approved Funding |
$10,834,250.00 |
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| REVIEWED BY OTHERS: |
This item has been reviewed by the Community Services Director, Finance Director, and City Attorney.
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| LEVINE ACT DETERMINATION: |
| This item is NOT subject to the Levine Act. |
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