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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 .2 LOCATION MAP mYoFocrAmsm NOT TO SCALE ROJECT NAME PROJECT EXHIBIT LA GRAN VIA REMOVAL d RECONSTRUC l/ON NUMBER I 3 4 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, 20 21 22 23 24 25 California, I// ill I// /ii ill 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. 3 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 9 10 11 ATTEST: 12 13 ww 14 KAREN R. KUNDTZ, Assistant City Clerk 15 16 17 16 19 20 21 22 23 24 25 26 27 26 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. ,w--.- _ .-,... .-. ‘. L: rr\!,p,.‘.,y’y,-. :..-. . _; ,. ‘.‘-:;: ’ ..-..-.. _.. . . . _ ,~, EXHIBIT 3 - 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 8