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PUBLIC WORKS - Director Jim Simon
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Requested Action(s)
recommendation
a) Request to adopt a finding that competitive bidding for the work described in Contract Change Order Nos. 47.1 and 48 for the Jellys Ferry at Sacramento River Bridge Replacement Project would be unavailing and impractical and would not produce any public advantage
b) CHANGE ORDER - Request approval and authorization for the Director to issue Change Order No. 47.1 to the Agreement with MCM Construction Inc. (Road Agreement #2019-18) for the Jellys Ferry Bridge Replacement Project, for additional payment for interest in accordance with Change Order No. 47, in an amount equal to $39,945.21
c) CHANGE ORDER - Request approval and authorization for the Director to issue Change Order No. 48 to the Agreement with MCM Construction Inc. (Road Agreement #2019-18) for the Jellys Ferry Bridge Replacement Project, for final balancing of bid items, resulting in a deduction amount equal to $575,074.61
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Financial Impact:
The project is funded with 88.53% Federal Highway Bridge Program and 11.47% Combined Local Bridge Seismic Retrofit Program Proposition1B Funds and local road funds. This item is reimbursable through the project funding.
Background Information:
The Board awarded the contract for the Jellys Ferry Road at Sacramento River Project, Federal Project No. BRLSZD 5908(031), County Project No 301691 to MCM Construction Inc. of North Highlands, CA as the low responsive bidder in the amount of $35,174,305.65 on November 5, 2019 (Road Agreement #2019-18). At that time, the Director of Public Works was authorized $210,000 in signature authority for the issuance of Change Orders to the contract, pursuant to Public Contract Code 20405(d)(3).
The project funding has a budget for contingencies (including Change Orders) totaling 10% of the contract cost. For this contract the budget for contingencies is $3,505,430.56. This budget is reimbursable through the project programming (88.53% Federal Highway Bridge Program and 11.47% Local Bridge Seismic Retrofit Program Proposition 1B Funds).
The following change orders have been developed while coordinating with Caltrans District 2 in order to insure they are presented to the Board in a complete and correct manner.
Since the project was awarded, the previous Director of Public Works, Timothy McSorley, approved Change Order Nos. 1, 2, 4, 5, 6, 7, 8, 9 and 10 utilizing the Directors signature authority with a statutory limit of $210,000 pursuant to Public Contract Code Section 20405(d)(3), and the Board of Supervisors approved Change Order Nos. 3, 5.1., 6.1, 6.2. 7.1, 8.1, 8.2, 8.3, 10.1, 10.2, 11 through 47. The change orders are as follows:
• CCO#1 - Increase Item No. 123 - 'Wood Guard Posts (Type 2)' from 14 LF to 64 LF to match the contract drawings and bid item list quantity, in the amount of $7,500.
• CCO#2 - Updated permits for California Department of Fish and Wildlife, a no cost Change Order.
• CCO#3 - Modified the CPM schedule from Tier 1 to Tier 3 due to the complexity of the construction staging and schedule, in the amount of $35,000.
• CCO#4 - SWPPP MAINTENANCE: Maintenance of temporary soil stabilization measures, temporary sediment control measures, and temporary tracking control measures, force account in the amount not to exceed $25,000.
• CCO#5 - Partnering workshops and sessions, partnering evaluation survey service, and partnering skills development training in accordance with the Standard Specifications, force account in the amount not to exceed $32,500.
• CCO#5.1 - Additional partnering sessions for additional working days, force account in an amount not to exceed $1,110.39.
• CCO#6 - Establishing a Dispute Resolution Board (DRB) in accordance with the Standard Specifications, force account in the amount not to exceed $17,325.
• CCO#6.1 -DRB meeting revision due to COVID-19 restrictions, a no cost change order.
• CCO#6.2 - Additional DRB meetings for additional working days, force account in an amount not to exceed $18,700.00.
• CCO#7 - ADDITIONAL SWPPP MEASURES: Provide temporary sediment control measures not previously included in the project design, in the amount of $12,017.50
• CCO#7.1 - ADDITIONAL SWPPP MEASURES: Provide temporary sediment control measures not previously included in the project design, in the amount of $5,280.
• CCO#8 - Mitigation of attempted nesting by a pair of Ospreys on the existing bridge, force account in the amount not to exceed $30,000.
• CCO#8.1 - Mitigation of attempted nesting by swallows on the existing bridge, force account in the amount not to exceed $45,000.
• CCO#8.2 - Mitigation of attempted nesting by Ospreys and swallows, force account in the amount not to exceed $180,465.06.
• CCO#8.3 - Mitigation of attempted nesting by Ospreys and swallows, force account in the amount not to exceed $2,639.57.
• CCO#9 - Increase HMA structural section on JF Line from 0.35’ to 0.40’, in the amount of $49,875.
• CCO#10 - Hiring of trainees in accordance with the Federal Trainee Program and the Standard Specifications, in the amount of $12,000.
• CCO#10.1 - Additional payment for actual costs of implementing Federal Trainee Program, in the amount of $5,230.40.
• CCO#10.2 - Additional payment for actual costs of implementing Federal Trainee Program, in the amount of $3,176.00
• CCO# 11 - Removal and replacement of unsuitable material at Sacramento River Bridge Abutment 1, in the amount of $26,454.75.
• CCO#12 - The substitution of 12x12 stringers on the existing bridge re-decking, a no-cost/no-time Change Order.
• CCO#13 - Modifications to the existing bridge, in an amount equal to $53,605.22.
• CCO#14 - VECP to eliminate cast-in-drilled-hole piles and use driven steel piles instead, in a decrease equal to $122,045.81.
• CCO#15 - VECP to eliminate cast-in-drilled-hole piles and use driven steel piles instead, in a decrease equal to $72,468.06.
• CCO#16 - Utility Connection for RE Office, in an amount equal to $37,910.77.
• CCO#17 - Water Pollution Control, in an amount equal to $44,000.
• CCO#17.1 - Water Pollution Control Supplemental 1, in an amount equal to $13,600.00.
• CCO#18 - Environmental Stewardship, in an amount equal to $25,850.
• CCO#19 - Monitoring eagles nest, in an amount equal to $60,000.
• CCO#20 - Reissued PLACs, in a credit equal to $8,887.75.
• CCO#22 - Addendum to Standard Specifications, a no cost Change Order.
• CCO#21 - Sacramento River Bridge rebar modifications, in an amount equal to $15,772.90.
• CCO#23 - Resolve PCR 6 CVFPB Permit, in an amount equal to $42,390.22.
• CCO#24 - Construction of gate for BLM, in an amount equal to $1,000.00.
• CCO#25 - Replace imported borrow with local borrow, in an amount equal to $337,430.00.
• CCO#26 - Temporary drainage for local borrow pit, in an amount equal to $18,909.00.
• CCO#27 - Temporary erosion control, in an amount equal to $85,340.00
• CCO#28 - Emergency flagging, in an amount equal to $1,576.42
• CCO#29 - Pier 6 CIDH differing site condition, an addition of 156 working days to the contract.
• CCO#30 - Double hung BLM gates, in the amount equal to $16,702.30.
• CCO#31 - Sacramento River Bridge hinge soffit modifications, in an amount equal to $13,963.94.
• CCO#32 - Barrier rail stain, in a decrease equal to $6,872.86.
• CCO#33 - Mudd driveway redesign, in an amount equal to $88,168.08.
• CCO#34 - Elderberry bush removal, in an amount equal to $2,258.09.
• CCO#35 - Place GeoGrid, in an amount equal to $6,270.00.
• CCO#36 - Additional cost of bridge deck openings, in an amount equal to $4,388.00.
• CCO#37 - Additional rock slope protection, in an amount equal to $83,057.86.
• CCO#38 - Additional payment for hot mix asphalt (HMA) price fluctuations, in an amount equal to $14,808.54.
• CCO#39 - Additional stockpile of Rock Barriers for use by BLM, in an amount not to exceed $48,778.03.
• CCO#40 - Underrun of bid quantity for fiber rolls, in an amount equal to $53,719.50.
• CCO#41 - Wood guard posts, a no cost change order.
• CCO#42 - Paint steel gates, a no cost change order.
• CCO#43 - Removal of temporary gravel bags, in an amount equal to $3,235.74.
• CCO#44 - Removal of in-water piers, in an amount equal to $254,513.20.
• CCO#45 - Drainage ditch repair, in an amount equal to 8,296.45.
• CCO#46 - Certified audit, in an amount equal to $21,000.
• CCO#47 - PCR settlement, in an amount equal to $5,400,000.
The total of Change Order Nos. 1 through 47 is $7,095,493.48.
Authorization of CCO#47.1 is requested for reimbursing the Contractor for the interest accrued from March 1 to March 29 on the payment of CCO#47 to the Contractor, in the amount equal to $39,945.21. Payment was delayed by the acquisition of federal funds and change order approval process, and the interest accrual is pursuant to CCO#47.
Authorization of CCO#48 is requested for final balancing of over/under runs on contract bid items, over/under runs on contract change orders, and inclusion of permanent administrative deductions in accordance with the contract, resulting in a deduction of $575,074.61. By executing this change order, the Owner and the Contractor agree that bid item and changer order work are complete and administrative deductions are undisputed. The contract amount is revised to reflect the final installed quantities required to complete the contract work.
The final agreed contract amount including bid items and change orders is $41,734,669.57.
Changes in work of this scale would ordinarily require competitive bidding. However, under Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631, competitive bidding is not required where such bidding would be unavailing and impractical and would not produce any public advantage. For the following reasons, competitive bidding for the extra work in this case would not produce any public advantage, and it is in the County’s and public’s best interest to negotiate change orders with the existing contractor on the project rather than competitively bid these project changes: (1) MCM Construction, Inc. was already mobilized and on site performing base project construction functions and it is more costly to approve plans and specifications, advertise and solicit bids for the changes to the work being performed by MCM Construction, Inc. In addition, MCM Construction, Inc. already had knowledge and experience with site conditions on the project, such as the construction of the abutment fill, which have contributed to the need for the change order; (2) The delay associated with advertising and bidding for completion of project changes would have resulted in suspension of the project and consequent cost to the County and inconvenience for the public; and (3) Competitive bidding requires award to the lowest responsible bidder. This could result in multiple contractors working on the same project at the same time that would cause conflicts and difficulty in apportioning responsibility for contract issues, such as liability, completion dates and performance.