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HomeMy WebLinkAbout01-05-2016 Item 08 - LOVR/US 101 Interchange Improvement Project, SPC. 99821 Meeting Date: 1/5/2016 FROM: Daryl R. Grigsby, Public Works Director Prepared By: Kyle Rowland, Engineering Inspector, Project Manager SUBJECT: LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENT PROJECT, SPECIFICATION NO. 99821 - CONTINGENCY BUDGET UPDATE RECOMMENDATIONS 1. Authorize an $800,000 increase to the US 101/LOVR Interchange project contingency budget to cover anticipated additional contract change orders (CCO’s), including repaving approximately 0.75 miles of Calle Joaquin; and 2. Authorize the City Engineer to be responsible for construction CCO’s for the US 101 / LOVR Interchange Project in any amount with the limitation that the sum total of all CCO’s not exceed the budgeted contingency amount of $2,050,000. DISCUSSION Background December marks the completion of the fourteenth (14th) month of construction, and stage six of eight, for the Los Osos Valley Road/U.S. 101 Interchange Improvements Project (LOVR, Specification No. 99821). The contract was awarded to Granite Construction at the September 16, 2014 Council meeting for a total amount of $16,572,129.84. The beginning of the 350 working day schedule began on October 27, 2014. Since construction commencement, efficiencies in scheduling and items of work have accelerated the project, which is now anticipated to finish earlier than the expected timeframe of summer 2016. Due to the size and scope of this project, the City Council amended the City’s normal Contract Change Order (CCO) Policy as part of their action of September 16, 2014. This revised project specific CCO Policy authorizes the City Engineer to approve all CCO’s of any amount as long as the cumulative total of all approved CCO’s does not exceed the total authorized contingency amount of $1,250,000. For CCO’s under $25,000, the Project Manager will have the authority to approve them as necessary followed by notification to the City Engineer. This policy has proven to be very successful by nearly eliminating idled worker and equipment costs. Summary of Contract Change Orders (CCOs) To Date Out of the approximately fifty CCO’s to date, there are three that account for nearly half of the contingency balance. 8 Packet Pg. 35 1. CCO 7 - This $255,000 change is the result of errors in the earthwork quantity calculations for the project. The actual quantities of earthwork were significantly larger than estimated throughout various areas of the project. The plans themselves were not changed in any significant way, rather in summing up the quantities for the various locations, some areas were inadvertently omitted by the consulting design engineer. 2. CCO 30 - Pile driving costs were approximately $150,000 larger than anticipated when working on the SLO Creek Bridge widening. Pile locations and lengths were designed based on two soil borings samples that were taken during the design phase of the project. During construction, the underground rock layer was deeper than expected in some locations, requiring significantly longer piles to reach strong supporting earthen material. This resulted in the City incurring additional material and equipment costs to lengthen and drive piles to the required rock elevation. 3. CCO 41 - The project plans show an existing 18” City waterline crossing underneath a new retaining wall at the corner of the southbound U.S. 101 off-ramp and LOVR. The actual alignment of the waterline was discovered in a different location. This created a major conflict with the new LOVR retaining wall installation. Therefore, a section of the waterline was replaced in a new alignment with a retaining wall casing that allows the City to access the line for future potential repairs. This CCO is anticipated to cost the project approximately $150,000. Request for Additional Contingency Budget At this point, the project is nearly 80% complete according to the baseline schedule. Anticipated work indicates a change to the initial Council authorized contingency amount of an additional $800,000. Based on guidance from the consulting construction management firm, MNS Engineers, it is anticipated that an additional $275,000 is needed through the end of the project. This will address any unforeseen events and related CCO’s and increase the new contingency balance to 9.2% of the project budget. This percentage aligns with other transportation projects of this magnitude. The project team is also requesting authorization to expend an additional $525,000 to repave a large portion of Calle Joaquin that has been impacted by the interchange project. This extra work will span from the northern end of Calle Joaquin to the southern end at Margie’s Diner. Over the last year, Calle Joaquin has incurred accelerated wear due to the sewer force main project, temporary southbound U.S. 101 off-ramp, construction equipment loading, and material staging. By repaving Calle Joaquin now, its decline due to unusual wear and tear will be abated and the City will save money in the long run by avoiding a reconstruction situation. FISCAL IMPACT This project is identified in the 2013-15 Financial Plan, Appendix B – Capital Improvement Plan, page 3-252 through 3-255. The financing needs of the project were presented at the June 10, 2014 City Council meeting which outlined all expenses to date, in addition to the expected costs throughout the construction phase. Since the project is grant funded, 88.53% of most project expenses are funded by a $16,000,000 STIP RIP Grant, and the City TIF bond funds the 8 Packet Pg. 36 remaining 11.47%. The utilization of the project grant will be maximized during the construction of this project. A summary of the construction phase funding and expenses are included in the following table: Table 1 -Project Construction Funding and Expenses As the construction phase approaches completion, the consultant project management and construction management team is being reduced due a decrease in demand. However, it is anticipated that a contract amendment will be necessary to fund MNS Engineers throughout project closeout. The original budget for this contract appears to be insufficient due to the increased workload associated with design related CCO’s. Savings are expected from the project management contract with Southstar Engineering and should offset any increase in the construction management contract. It appears at this time that there will be funds remaining from the bonds upon project completion. As noted above, every effort will be made to maximize use of the grant. If funds remain after completion, staff will provide options and a recommendation to the Council for funding other improvements in the area. Both Los Osos Valley Road and Madonna Road are in need of reconstruction work, which to date, there have not been adequate funds for. ALTERNATIVE Authorize $275,000 increase in project contingency budget, and defer paving of Calle Joaquin. Council may decide to deny or defer the additional funding for street paving work. Although the $525,000 for repaving of Calle Joaquin is recommended, this work is not required to complete the project. However, with 75% of the original authorized contingency utilized and Budget Expenses STIP RIP Grant (9/16/2014)16,000,000$ City TIF Bond (9/16/2014)7,500,000$ Carryover from Environmental Review (7/1/2013)100,000$ Transfer from Land Acquisition (4/1/2014)759,475$ Carryover from Land Acquisition (2/28/2015)203,264$ Contract with Granite Construction (16,572,130)$ CCO Encumbrance (1,250,000)$ Project Management-Southstar Engineering (1,399,545)$ Construction Management-MNS Engineers (2,352,870)$ Design Support-Dokken Engineering (238,860)$ Misc. Printing, Permit, and Bond Expenses (69,711)$ LOVR Interchange Landscape Project (400,000)$ Total 24,562,739$ (22,283,116)$ Proposed CCO Increase to Complete Construction (1/5/2016)(275,000)$ Proposed CCO Increase to Pave Calle Joaquin (1/5/2016)(525,000)$ Total (800,000)$ Projected Balance Remaining 1,479,623$ 99821 Construction Phase 8 Packet Pg. 37 additional CCO’s imminent, the request for $275,000 is needed to finish construction of the project and should not be deferred. Attachments: a a - 99821 CAR Award LOVR-101 to Granite Constr. b b - 99821 LOVR-101 Change Order Policy 8 Packet Pg. 38 City of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Daryl R. Grigsby, Public Works Director Prepared By: Kyle Rowland, Supervising Project Manager Jason Bennecke, Consultant Project Manager SUBJECT: CONSIDERATION OF APPEAL OF THE DIRECTOR OF PUBLIC WORKS’ DECISION DENYING BID PROTESTS FILED BY JOHN MADONNA CONSTRUCTION, INC./ SOUZA CONSTRUCTION, INC. AND (IF FILED) CALPORTLAND CONSTRUCTION COMPANY REGARDING THE LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENTS PROJECT; AWARD CONSTRUCTION CONTRACT FOR THE LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENTS PROJECT, SPECIFICATION NO. 99821 RECOMMENDATIONS 1. Adopt a resolution denying the appeal of the Public Works Director’s denial of a bid protest filed by John Madonna Construction – Souza Construction Inc. for award of the Los Osos Valley Road Interchange Project, Specification 99821, to Granite Construction. 2. Award a contract to Granite Construction of Santa Barbara, California in the amount of $16,572,129.84 for the US 101 / LOVR Interchange Project, Specification No. 99821. 3. Authorize City Engineer to be responsible for construction contract change orders (CCO’s) for the US 101 / LOVR Interchange Project in any amount with the limitation that the sum total of all CCO’s not exceed the contingency budget amount of $1,250,000. DISCUSSION Background On June 10, 2014, the City Council authorized inviting bids for the Los Osos Valley Road/US 101 Interchange Improvements Project, Specification No. 99821 (Attachment 1). Advertisement of the project began on July 5, 2014. The City has a responsibility to award this project within six months of the construction allocation, per State requirements (Attachment 2). The California Transportation Commission voted on June 25, 2014 to allocate a $16,000,000 grant towards the LOVR/US 101 Interchange Improvements Project. Therefore, the City must award a contract by December 25, 2014 to avoid loss of grant funding. The project is scheduled to complete preliminary work this fall, with construction which impacts traffic, to start after the holiday season. Five sealed bids were publicly opened on August 12, 2014. The submitted bid documents were evaluated based on three criteria: cost, responsiveness and responsibility. Initially, all bids were reviewed for mathematical errors and ranked from the lowest to the highest cost bid. Granite Construction (Granite) of Santa Barbara, CA was the lowest bidder with a proposal of September 16, 2014 B1 8.a Packet Pg. 39 At t a c h m e n t : a - 9 9 8 2 1 C A R A w a r d L O V R - 1 0 1 t o G r a n i t e C o n s t r . ( 1 2 1 6 : L O V R - 1 0 1 C o n t i n g e n c y B u d g e t U p d a t e ) Los Osos Valley Road/US 101 Interchange Improvements Project Award Page 2 $16,572,129.84. This low bid is under the Engineer’s Estimate by approximately $398,000 or 2.35% (Attachment 3). The lowest cost bid package was reviewed to verify that requested items of information were complete, addenda acknowledged, and reference information included. Incomplete bids or bids found to otherwise materially not to comply with the bidding instructions are cause for the bids to be considered as “non-responsive.” If a bid is determined to be “non-responsive,” it is no longer considered for award, and the next lowest bid document is reviewed. Granite’s bid documents were determined to be responsive. After reviewing Granite’s bid for responsiveness, their qualifications and references were reviewed to determine responsibility. Granite’s experience and references indicate that Granite is qualified to perform the work contained within the Contract. The bidders were also responsible to provide work for Disadvantaged Business Enterprises (DBEs), as a condition of the grant funding. Granite indicated in their bid documents that 3.2% ($535,560) of the total project cost would be performed by DBE firms. This exceeds the minimum goal of 3% listed in the project specifications. It is the Public Works Director’s recommendation that the contract be awarded to Granite Construction based on the review of the bid submittal and the findings shown above. Bid Protest - Madonna-Souza Madonna-Souza Joint Venture (Madonna-Souza) submitted a bid protest on August 19, 2014 protesting the award to Granite for failure to comply with the Federal Disadvantaged Business Enterprise rules and regulations (Attachment 4). The protest revolves around a quote Granite submitted in their supporting DBE bid documentation from Dragon Material Transport, Inc. (Dragon) dated August 11, 2014. The quote indicates delivery fees for liquid asphalt tonnage from Greka Energy to Paso Robles and is addressed to CalPortland Construction (CalPortland). Madonna-Souza claims there is no evidence given of any contractual relation, or contact between CalPortland and Granite, or between Dragon and Granite with respect to this project. Therefore, Madonna-Souza claims that Granite cannot use these expenses as a contribution to Granite’s DBE goal. Granite responded by indicating that CalPortland is a listed subcontractor supplying material on this Contract and Dragon is committed to supply and haul asphalt oil for this project as CalPortland’s supplier. Consequently, Dragon is a second-tier supplier. The asphalt oil will be delivered to CalPortland’s facility in Paso Robles where the asphalt is produced. Additionally, all DBE participation (including lower tier subcontractors and suppliers) counts toward the DBE goal (Attachment 5). Therefore, bidders were required to identify on the DBE Commitment Form all DBE firms participating in the project regardless of tier. Dragon is listed on this form, Exhibit 15-G. City staff contacted Dragon and spoke with the estimator, Ms. Summer Bradford. Ms. Bradford confirmed that the oil was to be sold to CalPortland Construction for purposes of providing asphalt concrete to Granite Construction, all of which is intended to be used for the US 101 / 8.a Packet Pg. 40 At t a c h m e n t : a - 9 9 8 2 1 C A R A w a r d L O V R - 1 0 1 t o G r a n i t e C o n s t r . ( 1 2 1 6 : L O V R - 1 0 1 C o n t i n g e n c y B u d g e t U p d a t e ) Los Osos Valley Road/US 101 Interchange Improvements Project Award Page 3 LOVR interchange project. She also confirmed the price and understood that Dragon is to be counted as a second-tier DBE. Furthermore, the DBE good faith effort submitted by Granite was determined to be satisfactory. Therefore, hypothetically even if the Dragon DBE contribution was not utilized, the minimum DBE good faith requirements would still be met with Granite’s submitted bid. After reviewing the protest from Madonna-Souza, the response from Granite, and input from City’s counsel, the Public Works Director denied the protest on September 2, 2014. On September 4, 2014 the City Clerk received an appeal from Madonna -Souza of the denial of the bid protest (Attachment 6). The appeal cited a lack of documentation that Granite had obtained the DBE commitment at the time of bid, and had not shown a good faith effort to include DBEs. These are similar issues raised in the original appeal, and responded to in the denial letter. Staff is recommending denial of the appeal and award to Granite and currently drafting a resolution that will be distributed via memo prior to the September 16th hearing (Attachment 7). Bid Protest - CalPortland Construction CalPortland submitted a bid protest on August 19, 2014 protesting the apparent second low bidder, Madonna-Souza (Attachment 6). The protest appears to indicate three “critical errors” in the Madonna-Souza bid and suggests that the mentioned errors deem the bid nonresponsive because of inconsistencies with the Specifications and not meeting the intent of the Bid Books. Additionally, they requested that CalPortland be moved to the apparent second low bidder position, pending any potential issue with the apparent low bidder, Granite. The CalPortland protest of Madonna-Souza bid was denied by the Public Works Director on September 2, 2014. No appeal has been received as of the time of this writing. Revised Change Order Policy Due the size and scope of this project, the current Contract Change Order (CCO) Policy used for CIP projects may result in significant delays and expenditures for the City. The interchange project is approximately 100 times larger than the typical CIP project performed by the City. A larger number of construction employees and equipment will be idled during delays, and individual changes will have more significant costs. Were the construction to be stopped each time a change order over $25,000 was deemed necessary, costs incurred by idled manpower and equipment could be significant. A proposed project-specific change order policy has been drafted for Council approval (Attachment 9). Expertise from the project consultant and construction team was used to identify appropriate thresholds. The revised policy is consistent with other public agencies that have completed similar interchange projects. The proposed policy authorizes the City Engineer to approve all CCO’s of any amount as long as the running total of all approved CCO’s does not exceed the total authorized contingency amount of $1,250,000. For CCO’s under $25,000, the Project Manager will have the authority to approve them as necessary followed by notification to the City Engineer. If the sum of all CCO’s reaches 75% of the total authorized contingency amount, staff will notify the City 8.a Packet Pg. 41 At t a c h m e n t : a - 9 9 8 2 1 C A R A w a r d L O V R - 1 0 1 t o G r a n i t e C o n s t r . ( 1 2 1 6 : L O V R - 1 0 1 C o n t i n g e n c y B u d g e t U p d a t e ) Los Osos Valley Road/US 101 Interchange Improvements Project Award Page 4 Manager and Finance Director to address any budget concerns. Any additional funding needs will come before the Council for consideration and direction. CONCURRENCES The Finance Director and City Attorney were consulted regarding the project specific change order policy and concur with the recommendation. FISCAL IMPACT The financing needs of the project were presented at the June 10, 2014 City Council meeting. This outlined all expenses to date, in addition to the expected costs throughout the construction phase. Council directed staff to return with the following information once bids were opened: 1. Debt financing recommendations to provide up to $7.5 million in project funding to pay the City’s remaining portion of the Los Osos Valley Road/US 101 Interchange Improvements Project costs, Specification No. 99821. 2. Any necessary impact fee program modifications that may be needed to fund project costs. This debt financing recommendation will be presented at a public hearing to be held on September 16, 2014 which will occur during the regular City Council meeting ahead of this item. A summary of the expected projected costs can be seen below. 2014-15 Construction: City Contingency Amount 1,839,481$ Loan/bond Origination Fee 250,000$ Construction (includes Env. Mit)17,986,302$ Construction Management 3,189,025$ 23,264,808$ Misc. GF Reimbursement for ROW 74,000$ Total All Project Costs:23,338,808$ Project Components Table 1 - Expected Project Costs through Construction Phase Debt Financing Needs Based upon these estimates and the final grant amount, the amount to be borrowed needs to generate $7,500,000 to complete the project. (the par amount of the debt will be greater than this amount). This amount is determined by subtracting the $16,000,000 grant amount from the FY 14-15 expenses of $23,338,808 and rounding up. Total Costs- FY 2014-15: $23,338,808 Grant Amount: $16,000,000 Subtotal: $7,338,808 8.a Packet Pg. 42 At t a c h m e n t : a - 9 9 8 2 1 C A R A w a r d L O V R - 1 0 1 t o G r a n i t e C o n s t r . ( 1 2 1 6 : L O V R - 1 0 1 C o n t i n g e n c y B u d g e t U p d a t e ) Los Osos Valley Road/US 101 Interchange Improvements Project Award Page 5 Rounded: $7,500,000 The Finance Department and the City’s Financial Advisor have developed a complete debt financing package for the project that will be presented ahead of this item at tonight’s meeting. Bond Financing Effects on Contract Award Staff is recommending the award of a contract to Granite this evening to meet state funding requirements to award a bid within 60 days of the bid opening and with the understanding that the bond financing transaction may require up to four weeks to complete. In the unlikely event that the bond financing is not completed in a timely manner or is not completed due to unforeseen market conditions, the construction contract can be terminated at the convenience of the City. However, the City would be liable for those costs incurred up to that point which would largely be related to the contractor’s mobilization and work effort to secure documents and permits from various agencies. ALTERNATIVES Award a Contract to other than Granite Construction. Council may decide to award to the next lowest responsive, responsible bidder, if it finds, in compliance with state law regarding public bids, that the low bidder’s bid was materially non-responsive or that the low bidder does not meet responsibility requirements for the project. A non -responsibility determination would need to be based on findings and would entitle the low bidder to a responsibility hearing, which would delay project award. This alternative is not recommended because staff believes that Granite is the lowest responsive, responsible bidder pursuant to public contracts law. Deny the award. Council may choose to deny or defer the approval of award for this project. Staff does not recommend this option. The current award and start of construction schedule allows the City to meet the grant deadline for award. It also allows some necessary soil settling work to occur during the shopping season, so significant construction efforts can get underway in January. Critical components of work have to be performed prior to June due to environmental permit regulations. It is unlikely that bids will be significantly different should the Council opt to reject bids and re-advertise, and bidders have incurred expenses already to prepare their bid. ATTACHMENTS 1. Council Agenda Report Authorizing Advertisement - June 10, 2014 2. Caltrans LAPG Guidelines for STIP Projects 3. Bid Evaluation and Analysis Report 4. Madonna-Souza Bid Protest 5. DBE Participation Standards 6. Madonna-Souza Appeal 7. Resolution Denying the Madonna-Souza Appeal [To be distributed under separate action] 8. CalPortland Bid Protest 9. LOVR/US 101 Contract Change Order Policy 10. Agreement 8.a Packet Pg. 43 At t a c h m e n t : a - 9 9 8 2 1 C A R A w a r d L O V R - 1 0 1 t o G r a n i t e C o n s t r . ( 1 2 1 6 : L O V R - 1 0 1 C o n t i n g e n c y B u d g e t U p d a t e ) Los Osos Valley Road/US 101 Interchange Improvements Project Award Page 6 t:\council agenda reports\2014\2014-09-16\lovr interchange contract award (grigsby-rowland)\99821 car award lovr-101 to granite constr..docx 8.a Packet Pg. 44 At t a c h m e n t : a - 9 9 8 2 1 C A R A w a r d L O V R - 1 0 1 t o G r a n i t e C o n s t r . ( 1 2 1 6 : L O V R - 1 0 1 C o n t i n g e n c y B u d g e t U p d a t e ) City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org CONSTRUCTION CONTRACT CHANGE ORDERS FOR THE LOS OSOS VALLEY ROAD INTERCHANGE IMPROVEMENTS PROJECT Financial Management Manual - Section 225 - Revised for Referenced Project CONSTRUCTION CONTRACT CHANGE ORDERS OVERVIEW When the City awards a construction contract, the need for contract change orders (CCO’s) is not unusual. CCO’s are required whenever the scope of work changes from that in the original contract or an unknown condition of the site requires a change in the scope of work. Usually a contingency amount is established when the project budget is finalized upon contract award to accommodate limited CCO’s. The purpose of this policy is to establish limits of authority for approving construction project CCO’s. GOALS 1. Ensure appropriate authority and accountability in the approval of change orders. 2. Minimize the time needed to approve a CCO in order to avoid project delays. 3. Establish a system under which the organizational level at which approval is given is commensurate with the size of CCO and size of project. 4. Eliminate the potential for approval of a CCO when contingency funds are insufficient. POLICIES Conditions for Approval of CCO's by Staff 1. Sufficient contingency funds are budgeted and available in order for the Public Works Director or City Manager (approved designees) City Engineer to approve a CCO. 2. The nature of work in the CCO is not significantly different from that in the contract. 3. Authorization limits are based on an individual CCO amount, not the or aggregate amount of all CCO’s where noted. 4. Authorization limits apply to CCO’s for increases in contract amounts only. 5. When the aggregate amount of CCO’s reaches 75% of the contingency, the awarding authority City Manager and Finance Director shall be informed of the status of the project and the sufficiency of funding to complete the project. 6. Work will not be broken up into multiple CCO’s in order to circumvent this policy. 8.b Packet Pg. 45 At t a c h m e n t : b - 9 9 8 2 1 L O V R - 1 0 1 C h a n g e O r d e r P o l i c y ( 1 2 1 6 : L O V R - 1 0 1 C o n t i n g e n c y B u d g e t U p d a t e ) 7. All CCO's must be in writing and approved by the appropriate contract parties consistent with the authorized limits established in this policy. 8. A copy of each approved CCO will be transmitted promptly to the Finance Division. 9. The City Manager may grant approval of CCO's in excess of $100,000 under the following circumstances (all three factors must be present): a. Immediate approval of the CCO is necessary to avoid delay. b. The CCO is an integral and mandatory component of the project. c. The costs associated with delay of the project would be excessive. The Project Manager City Engineer is responsible for carrying out this policy. 10. The City Manager is also authorized to approve CCO’s in excess of $100,000 related to Job Order Contract Task Orders. Authorization Limits 1. Public Works Director/Approved Designee Project Manager - Not to exceed $25,000 2. City Manager -Not to exceed $100,000 Engineer - None on individual CCO’s, with cumulative approved CCO total, limited to approved project budget 3. City Council - Greater than contract or $100,000* approved project budget * See circumstances above where the City Manager may approve CCO’s in excess of $100,000. Originally Approved by the Council on August 3, 1993; Revised by the Council on April 15, 2003 Approved by the Council on September 16, 2014 for the Los Osos Valley Road Interchange Improvements Project, Specification 99821, Exclusively. 8.b Packet Pg. 46 At t a c h m e n t : b - 9 9 8 2 1 L O V R - 1 0 1 C h a n g e O r d e r P o l i c y ( 1 2 1 6 : L O V R - 1 0 1 C o n t i n g e n c y B u d g e t U p d a t e )