HomeMy WebLinkAbout1999-09-14; City Council; 15377; La Gran Via Contract Change Order No. 1.
CITY OF CARLSBAD -AGENDA BILL
AB# 15.377
MTG. 9/l 4199
DEPT. ENG
TITLE* -- APPROVAL OF
CONTRACT CHANGE ORDER NO. 1 FOR
THE LA GRAN VIA REMOVAL AND RECONSTRUCTION
PROJECT NO. 3667-l B
CITY Al-l-Y. I&
CITY MGR. &
RECOMMENDED ACTION:
Adopt Resolution No. 9 9 -3 OS approving Change Order No. 1 for the construction of the
La Gran Via Removal and Reconstruction Project, Project No. 3667-18.
ITEM EXPLANATION:
On November 3, 1998, the City Council awarded a contract in the amount of $78,537.34 to
Nicholas Grant Corporation for removal and reconstruction of the existing asphalt concrete street section of La Gran Via between Madrilena Way and Levante Street in south Carlsbad. The existing
street section had deteriorated to a point whereby the only feasible maintenance solution was to
replace the existing street section completely. On June 14, 1999 Nicholas Grant Corporation
began construction. Upon removal of the existing street section three unanticipated field conditions
were discovered.
l Prior to construction the thickness of the existing asphalt section was measured in two different locations. This measurement was used to determine the quantity of existing asphalt concrete to
be removed. Upon removal of the existing roadway it was discovered that the thickness of the existing asphalt section varied from the measurements taken in two spots. This discrepancy
resulted in a higher quantity of existing asphalt concrete to be removed.
l A highly saturated subgrade existed throughout most of the project area. The depth of
saturated material and the extent of removal of that saturated material, was much deeper than
what was anticipated.
l Since the excavated area was deeper than anticipated, placement of a thicker asphalt section
was required to make up for the increased depth.
Extra excavation and the additional asphalt quantities were not anticipated as part of the original
contract. As a result, contingency funds were used to pay for these items.
After the removal of the subgrade, the asphalt was then placed on the re-compacted subgrade.
Shortly thereafter, it was discovered that in five areas, the newly placed asphalt developed cracks. The Contractor was then directed to remove and replace the newly placed asphalt in the defective
areas. At this point staff took the position that the defective asphalt in the five areas was solely the responsibility of the Contractor and his workmanship. However, after removal of the newly placed
asphalt, it was discovered that the subgrade underneath these five areas was still highly saturated.
The contractor was then directed to re-excavate the subgrade even deeper than the original
excavation, re-compact the underlying subgrade, and repave the five areas.
In response to the work required to repair the defective asphalt areas, the contractor has submitted a Notice of Potential Claim. The claim states that the failure of the asphalt could not have been
prevented by Nicholas Grant Corporation. Upon careful evaluation of field conditions, and in view of
the conditions that were discovered after the removal of the newly placed asphalt, staff has determined that Nicholas Grant Corporation was not negligent in their construction of the asphalt concrete.
Page 2 of Agenda Bill No. j 5,3 3 7
To pay for the extra work described in Potential Claim No.1, approval of Change Order No. 1 is
required. Change Order No. 1 exceeds the original contingency amount set at the time of bid
opening. Therefore, City Council approval of Change Order No. 1 is required. The following table
breaks down the use of the contingency monies and Change Order No. I as required by the
unforeseen conditions:
Item of work required:
1. Thicker section of existing asphalt section to be
removed
2. An additional 260 Tons of Asphalt Pavement
required to be placed
3. Reduction in other contract items
4. Change Order no. 1 - removal, re-excavation and
replacement of newly placed asphalt concrete in
five areas
Subtotal
Total increase in project cost due to items 1 through 4
Contingency amount allocated
Additional monies required
ENVIRONMENTAL REVIEW:
CONTINGENCY ,,, ‘ _1 . . WNDS :: :i ,,
(+)$2,472.76
(+)$8,773.80
(-)$2,176.83
(+)$9,069.73
CHANGE ORD,& NO. 1 ,! ~2’:
(+)$12,454.62
The project is categorically exempt from the environmental review process under Section 15301
Class l(C) of the Public Resources Code (California Environmental Quality Act).
FISCAL IMPACT:
Funds in the amount of $9‘743.67 are required to cover the costs of this change order. There is
an adequate amount of money available in the Pavement Management Account to pay for the extra costs.
1. Location Map.
2. Resolution No. 99 -305 approving Change Order No.1 for the construction of The La Gran
Via Removal and Reconstruction Project, Project No. 3667-l B.
3. Nicholas Grant Corporation Potential Claim No. 1
4. Contract Change Order No. 1
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LOCATION MAP
mYoFocrAmsm
NOT TO SCALE
ROJECT NAME PROJECT EXHIBIT LA GRAN VIA REMOVAL d RECONSTRUC l/ON NUMBER
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1 RESOLUTION NO. 99-305
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING CONTRACT CHANGE
ORDER NO. 1 FOR THE LA GRAN VIA REMOVAL AND
4 RECONSTRUCTION PROJECT NO. 3667-l B.
5 WHEREAS, Change Order No. 1 has been reviewed by the City Council of the City of
6 Carlsbad; and
7 WHEREAS, Change Order No. 1 in the amount of $12,454.62 will cover the costs to
8 resolve Potential Claim No. 1 submitted by Nicholas Grant Corporation; and
9 WHEREAS, the previously appropriated contingency funds in the amount of $11,780.68
IO have been used to cover costs associated with unforeseen conditions including the removal of an
11 extra amount of the existing saturated subgrade and asphalt concrete; and
12 WHEREAS, additional funding in the amount of $9,743.67 is required to compensate
13 Nicholas Grant Corporation for Contract Change Order No. 1; and
14 WHEREAS, City Council has previously appropriated $1,200,000 in the 1998-99
15 Capital Improvement Program for design, construction, administration, and inspection of said
1s project and other pavement management projects throughout the City; and
17 WHEREAS, there is currently enough money available to pay for the extra funding
18 required in the Pavement Management Account balance.
19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California,
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as follows:
Dved.
City
1 1. That the above recitations are true and correct.
2 2. That Change Order No. 1 in the amount of $12,454.62 is hereby approved.
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4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 14 day of September 1999 by the following vote, to wit:
6 AYES: Council Me Hall & Kulchin
7 NOES: None
6 ABSENT: No
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ATTEST:
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ww 14 KAREN R. KUNDTZ, Assistant City Clerk
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Council
STATE OF CALIFORNIA - DEPARTMENT OF -NSPORTATION
/ NOTICE OF POTENTIAL CLAI, NO. 1
’ DC-CEM-6201 (OLD HC-11 REc 9193)
/
Received by:
- -‘R STATE USE ONLY --_
Date:
(for Residenl Engineer) >
TO VINCENT GIN
(Resident Engineer)
CONTRACT NUMBER ’ 3667 1 -B DATE 06/28/l 999
This is a Notice of Potential Claim for additional compensation under t6e provisions of Section 3-5 of the Contract Documents. The
act of the Engineer, or his/her failure to act, or the event, thing, occurrence, or other cause giving rise to the potential claim occurred on:
DATE: 06/l 811999
The particular circumstances of this potential claim are described in detail as follows:
Please see attached letter dated June 29, 1999
The reasons for which I believe additional compensation may be due are:
The City failed to recognize or remediate an unsuitable subgrade situation when brought to their attention which resulted in
failures of the asphalt concrete placed upon it at their direction. The failure of the asphalt concrete placed on subgrade of
this nature could not be prevented by Nicholas Grant Corporation. Nicholas Grant Corporation was directed by the City to
stop paving operations which should have been completed in one day thereby causing inefficiencies. The City then directed
Nicholas Grant Corporation to perform repair work to the previously placed asphalt concrete which failed as a direct result
of the City’s inaction upon the unsuitable subgrade.
The nature of the costs involved and the amount of the potential claim are described as follows:
(if accurate cost figures are not available, provide an estimate, or describe the types of expenses involved.)
1.) Report #l , extended rental of construction signs. Tot. Rep. #1=$355.81
2.) Report #2, Sawcutting & equipment delivery of skiploader and roller. Tot. Rep #2=$605.93
3.) Report #3, Rented equip., trks, sweeper, AC Material, equip. delivery Backhoe & roller. Tot. Rep. #3=$7,560.27’
4.) Report #4, Labor & Owned equip: used for removal/relacement, equip. delivery paver & roller. Tot. Rep.#4=$3,932.61
5.) Estimated cost of independent soils laboratory, “Group Delta Consultants”. Estimated Total = $5,000
TOTAL ALL COSTS = $17,454.62
The undersigned certifies that the above statements are made in full cognizance of the California False C/aims Act,
Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim
unless resolved, must be restarted as a claim in response to the City’s proposed ‘final estimate in accordance with
Section 9-3.2 of the Contract Documents, in order for it to be further considered,
BY:
NICHOLAS GMT CbR_PORATIQN/CCAC, J.V.
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EXHIBIT 3
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CITY OF CARLSBAD
EXEIBIT 4
PROJECT: #36671-B LA GRAN VIA REMOVAL AND RECONSTRUCTION
CONTRACT CHANGE ORDER NO. 1
CONTRACT NO. 33671-B P.O. NO. P106179 ACCOUNT NO. 3427000-9060-36671-900
CONTRACTOR: NICHOLAS GRANT CORPORTAION
ADDRESS: 9737 AEOR DRIVE, SUITE 120
SAN DIEGO. CA 92123
The Contractor is directed to make the following changes as described herein. Changes
shall include ail iabor, materials, equipment, contract time extension, and ail other goods
and services required to implement this change. Payment stated on this change order
includes all charges, direct or indirect, arising out of this additional work and is expressly
agreed between the City and the Contractor to be the complete and final costs hereof.
The requirements of the specifications, where pertinent and not in conflict with this
change order, shall apply to these changes. This change order is not effective unless
signed by the City Manager and/or the Mayor.
Pursuant to subsection 3-2.2.3, Agreed Prices, SSPWC 1997 and the Special
Provisions perform the following:
item 1: Provide ail iabor and equipment to replace asphalt concrete and remove and
replace unsuitable subgrade at five different locations as marked out by the
Engineer and outlined in items 1 through 4 of the Notice of Potential Claim
Number 1 for the lump sum price of $12,454.62. This change order item
compensates the Contractor for ail work associated with the Notice of
Potential Claim Number 1.
increase to contract cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,454.62
TOTAL INCREASE TO CONTRACT COST . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,454.62
#36671-B LA GRAN VIA REMOVAL AND RECONSTRUCTION
Change Order No. 1
Page 2
TIME FOR COMPLETON OF ALL WORK UNDER THIS CONTRACT SHALL BE
EXTENDED 5 WORKING DAYS.
RECOMMENDED BY:
PUBLIC WORKS MANAGER (DATE)
PUBLIC WORKS DIR./ CITY ENG. (DATE) CITY MAtiAGER/MAYOR (DATE)
FINANCE DIRECTOR (DATE)
DISTRUBUTION:
APPROVED BY:
CONTRACTOR (DATE)
INSPECTION FILE (ORIGINAL)
PURCHASING
CONTRACTOR
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