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SR-05-14-2013-3FCity Council Meeting: May 14, 2013 Agenda Item: -3 °F To: Mayor and City Council From: Martin Pastucha, Director of Public Works Subject: Contract Modification for Construction Services for the Universally Accessible Playground Project Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a first modification to Construction Contract No. 9644 (CCS) in the amount of $102,762 (includes a 10% contingency) with Micon Construction, Inc., a California -based company, to provide additional construction services for the Universally Accessible Playground. This will result in a new amended construction contract.not to exceed $1,101,243 over a one -year period. 2. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority. Executive Summary On September 11, 2012, Council approved Construction Contract No. 9644 (CCS) in an amount not to exceed $998,481 with Micon Construction, Inc. for construction services for the Universally Accessible Playground. Additional construction services in the amount of $102,762 (including 10% contingency) are necessary due to unforeseen conditions and requirements during construction as well as additional recommended Alternate Bid items. Background On September 11 2012, Council awarded Contract No.9644 to Micon Construction, Inc. for the construction of the Universally Accessible Playground Project in an amount not to exceed $998,481. Construction began on October 15, 2012, with a target date for completion of June 20, 2013, in time to fulfill the schedule for funding dictated by the Community Development Block Grant (CDBG) criteria. Construction has progressed well with the target completion date still in effect. 1 Contractor Selection On July 19, 2012, the City published Notices Inviting Bids for construction services for the Universally Accessible Playground Project. The bid was posted on the City's on -line bidding site and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. Over 750 vendors were notified and 49 prospective bidders made requests for bid documents. Three bids were received and publicly opened on August 9, 2012. The bids were evaluated based on price, direct experience on similar projects, record performing public sector work, hourly rates for services, understanding of the project's scope, approach to the work, qualifications of proposed staff, and scheduling of project activities. Based on these criteria, Micon Construction, Inc. was recommended as the best bidder to provide construction services for the Universally Accessible Playground Project. Discussion Unforeseen Conditions Due to unforeseen conditions and additional requirements encountered during construction, the scope of work required has increased. The total cost for unforeseen conditions and additional requirements is $46,305 and includes: • The project was bid by contractors before construction documents had been approved by Building & Safety in order to meet CDGB funding requirements to commit grant funds before the end of Fiscal Year 2012 -13. After Micon Construction, Inc. was selected, a number of plan check changes were made to the scope of work which increased project costs. These plan check changes include: an increased size and strength of the structural foundations, redesigned entranceway, ramp and gate, and more slip resistant concrete sidewalk finishes. Inaccurate soil quantity estimates included with the construction documents resulted in additional soil removal costs. • Old, buried concrete footings, wooden piles and steel structures were encountered on the site. Alternate Bid Items The community engagement process included a community workshop, a focus group, outreach to the special education and preschool communities, coordination with the Disabilities and Recreation & Parks Commissions and on -going outreach to the immediate neighbors of the project site (Sea Colony condominium complex). The 2 specific program and amenities for the new playground were determined through this process, and by working closely with the Disabilities and the Recreation & Parks Commissions and neighborhood stakeholders. The stated importance of incorporating elements to integrate play for children of all abilities prompted the inclusion of all remaining Alternate Bid items to Construction Contract No. 9644. Alternate bid items 1 and 6 (an additional concrete seat wall and second pair of picnic tables) were included at award of the construction contract because the selected contractor's bid was sufficiently below the funding limit for the project to allow those additions at that time. The additional play elements, which had been shown during the community review process, (Alternate bid items 2 through 5) include: an additional set of Chitter Chatter Talk Tubes, a Sway Fun Glider, a Wake Ride, and a Spinner Saddle for a total cost of $47,115. The unknown and additional requirements impact the project budget and result in additional construction costs. The total for all change orders that are the result of unforeseen conditions, requested play equipment additions and scope of work changes, is $102,762 (including a 10% contingency). Financial Impacts & Budget Actions The contract modification to be awarded to Micon Construction, Inc. is $102,762, for an amended contract total not to exceed $1,101,243. Funds in the amount of $102,762 are available in the FY 2012 -13 Capital Improvement Program budget in account C116011.589000. Prepared by: Jean Bellman, Architect Gene Higginbotham, Engineering Project Specialist Judith Meister, Beach Administrator — CCS 3 Forwarded to Council: Rod Gould City Manager Reference Contract No. 9644 (CCS)