HomeMy WebLinkAboutResolutionRESOLUTION NO. 2014 —
RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF NATIONAL C1TY
INCREASING THE CONTRACT WITH CLAUSS CONSTRUCTION IN
THE NOT TO EXCEED AMOUNT OF $845,000 FOR THE 2020 AND 2100
HOOVER AVENUE SITE REMEDIATION AND DEMOLITION PROJECT,
SPECIFICATION NO. 13-01, AND AUTHORIZING THE MAYOR
TO EXECUTE ANY AND ALL CHANGE ORDERS IN EXCESS
OF $50,000 UP TO THE NOT TO EXCEED LIMIT
WHEREAS, the Westside Infill— Transit Oriented Development (WI-TOD), also
known as the Paradise Creek Affordable Housing Project, is a 201-unit affordable housing
development on the east side of Paradise Creek, and the expansion of Paradise Creek
Educational Park on the west side of the creek; and
WHEREAS, Paradise Creek Housing Partners, LP (the "Developer") and the
Community Development Commission ("CDC") entered into a Disposition and Development
Agreement titled Transit Oriented Infill Affordable Housing and Paradise Creek Enhancement
Project, dated June 21, 2011 ("DDA"). The DDA is an enforceable obligation of the Successor
Agency to the Community Development Commission as the National City Redevelopment
Agency. Pursuant to the DDA, National City is required to deliver the WI-TOD project site clean
and free of contaminants; and
WHEREAS, on February 4, 2014, the City Council adopted Resolution No. 2014-
16, awarding a contract in the amount of $858,609 to Clauss Construction for the 2020 and
2100 Hoover Avenue Site Remediation and Demolition Project in order to deliver a clean site for
the WI-TOD project, consistent with the DDA. City Council also authorized a 25% contingency
for unforeseen conditions; and
WHEREAS, in accordance with the PMP, the City's Environmental Consultant,
E2 ManageTech, Inc. (E2), conducted site investigations of the WI-TOD site for review and
approval by the California Department of Toxic Substances Control (DTSC) both prior to and
subsequent to the date of bid and commencement of work under the Remediation Contract. An
addendum to the PMP that incorporated the supplemental information obtained from the site
investigations was approved by Council on April 1, 2014; and
WHEREAS, after approval of the PMP addendum and commencement of work
under the contract with Clauss Construction, the DTSC determined that the data obtained from
additional site investigations and confirmation sampling of the excavated locations required the
City to excavate, characterize, and dispose of additional soils on the eastside of Paradise Creek
in order to obtain regulatory closure. Based on testing and characterization of soils recently
excavated from the west side of Paradise Creek, additional excavation and disposal will be
required to obtain regulatory closure; and
WHEREAS, the approved contract amounts, including contingencies, under the
current contract with Clauss Construction are insufficient to complete these remaining items of
work, which are required to obtain regulatory closure. Since the quantities for specific items of
work will exceed the bid quantities by more than twenty-five percent (25%), the Contractor and
City are currently re -negotiating lower bid prices for these items as afforded by Section 3-2.2.2
of the Greenbook for Public Works Construction; and
Resolution No. 2014 —
Page Two
WHEREAS, competitive bidding for the additional work described above is not
required because the improvements are of the same nature and character as the work
performed under the original contract and because bidding would not be in the public interest
and would not produce an advantage for the following reasons:
• A competitive bidding process for the change order improvements would result in
increases in consultant costs and staff time for the City to administer an additional bidding
process and manage a new construction contract;
• The City and Contractor are negotiating unit prices equal to or lower than those obtained
during the prior public bidding process for specific items of work;
• A competitive bidding process would result in significant delay and compromise the City's
ability to complete the improvements and obtain regulatory compliance in a timely manner
in order to turnover the WI-TOD site to the Developer; and
WHEREAS, in an effort to continue site remediation efforts in a timely manner in
order to obtain regulatory closure of the WI-TOD site prior to turnover of the site to the
Developer, the following actions are requested:
• an increase to the contract with Clauss Construction in a not to exceed amount of
$845,000 (see attached Engineers' Estimate), for a new contract amount, including the
original 25% contingency, of $1,918,261.25;
• authorize the Mayor to execute any and all change orders in excess of $50,000 up to the
not to exceed limit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves an increase to the Contract with Clauss Construction in a not to
exceed amount of $845,000 (see attached Engineers' Estimate), for a new contract amount,
including the original 25% contingency, of $1,918,261.25 for the 2020 and 2100 Hoover Avenue
Site Remediation and Demolition Project.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor
to execute future change orders in excess of $50,000 associated with, and not to exceed in total,
said increase in contract amount.
PASSED and ADOPTED this 7th day of October, 2014.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia Gacitua Silva
City Attorney
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2020/2100 HOOVER AVENUE REMEDIATION AND SITE DEMOLITION
Specification No. 13-01
Engineer's Estimate
September 25, 2014
Item
No.
DESCRIPTION
Projected Costs to
Obtain Regulatory
Closure
AOC 1
1
Remove and dispose of contaminated soils at the previous vehicle lift location and
dispose of at Otay Landfill, California (AOC-01), Copper Mountain Landfill, Arizona
(AOC-01), and U.S. Ecology Landfill, Nevada (AOC-01).
99,666.50
2
Import, mix, place and compact unclassified fill at the previous lift location
47,740.25
3
Excavation, mix, replace and compact clean overburden at the previous vehicle lift
location
13,072.00
AOCs 2, 8
1
Remove and dispose of miscellaneous contaminated soil as directed by the Engineer
to Otay Landfill, Chula Vista, CA (AOC 2 & 8), Copper Mountain Landfill, Arizona (AOC
2 & 8), and US Ecology Landfill, Nevada (AOC 2 & 8)
187,500.00
AOC 5
1
Remove and dispose of contaminated soil on the parcel West of Paradise Creek to
the Copper Mountain Landfill, Arizona (AOC-05)
418, 600.00
2020 Hoover Avenue
1
Clearing and Grubbing 2020 Hoover Avenue including uknown concrete slab
122,100.00
AOCs 6, 7
1 (Contingency
353,240.00
Projected Cost to Complete:
Original Contract Amount:
Remaining Costs to Complete:
1,241,918.75
396,844.00
845,074.75