County of Sonoma Agenda Item Summary Report

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1 Revision No County of Sonoma Agenda Item Summary Report Agenda Item Number: 20 (This Section for use by Clerk of the Board Only.) Clerk of the Board 575 Administration Drive Santa Rosa, CA To: Board of Supervisors Board Agenda Date: February 27, 2018 Vote Requirement: Majority Department or Agency Name(s): Transportation and Public Works Staff Name and Phone Number: Johannes J. Hoevertsz, Title: Supervisorial District(s): Second, Third, Fourth, and Fifth Bodega Highway Pavement Rehabilitation and Sonoma County Various Streets and Roads Preservation, C14040, Contract Change Order Recommended Actions: Approve and authorize the Chair to sign Change Order Number 1 to the construction contract with Ghilotti Construction Company, Inc. in the amount of $79, for a total contract amount of $4,664,656.75, for delay costs related to the 2017 fires. Executive Summary: The Department of Transportation and Public Works requests approval and authorization for the Chairperson to sign a contract change order for construction of the Bodega Highway Pavement Rehabilitation and Sonoma County Various Streets and Roads Preservation project, C The contractor is Ghilotti Construction Company, Inc. The total cost of the change order is $79, for delays to the project caused by the October 2017 fires. The construction project includes treatment to the following unincorporated area roadways: D Street in Petaluma, Windsor River Road in Windsor, Bodega Highway in Sebastopol, and River Road in Santa Rosa. Discussion: Ghilotti Construction Company, Inc. was awarded the Bodega Highway Pavement Rehabilitation and Sonoma County Various Streets and Roads Preservation Project, C14040, on August 1, 2017 as a result of a competitive solicitation. This project will be funded through the One Bay Area Grant Program. The Cold In-Place Recycling of Windsor River Road was scheduled to begin on October 9, 2017, the first day of the wild fires. The project was shut down due to the fires and rescheduled in early November Rainy weather and cool daytime temperatures further delayed the project eventually preventing the work from starting in The project is now scheduled to resume in April The Cold In-Place Recycling subcontractor is based in the Los Angeles area. This change order compensates the subcontractor for demobilization and remobilization costs of labor and equipment to perform the work, and provides a contract provision to cover potential escalation in asphalt prices in the spring of 2018.

2 Revision No Prior Board Actions: August 1, 2017: Award contract base bid to Ghilotti Construction Company, in the amount of $4,585,392.45, plus a 10% contingency and authorize the Chair to execute construction contract C Strategic Plan Alignment Goal 3: Invest in the Future This project will improve the surface of County roads. Fiscal Summary Expenditures Funding Sources FY Adopted Budgeted Expenses 79, Additional Appropriation Requested Total Expenditures 79, General Fund/WA GF State/Federal Fees/Other 79, Use of Fund Balance Contingencies Total Sources 79, FY Projected FY Projected Narrative Explanation of Fiscal Impacts: There is sufficient appropriations in the FY project budget of the Capital Improvement section to cover the additional costs. The One Bay Area Grant will reimburse the costs associated with this project including these additional costs. Staffing Impacts Position Title (Payroll Classification) Monthly Salary Range (A I Step) Additions (Number) Deletions (Number) Narrative Explanation of Staffing Impacts (If Required):

3 Revision No Attachments: Change Order 1; Change Order 1 Memo Related Items On File with the Clerk of the Board: None.

4 COUNTY OF SONOMA DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS CONTRACT CHANGE ORDER NO. 1 SHEET 1 OF 3 SHEETS CONTRACT FOR: Bodega Highway Pavement Rehabilitation and Sonoma County Various Streets and Road Preservation FEDERAL AID PROJECT NOS.: STPL 5920(153) & STPL 5920(154) JOB NO.: C14040 AWARDED: August 1, 2017 TO: Ghilotti Construction Company, Inc. You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. This change order is effective once approved by the Chair of the Board of Supervisors. Changes requested by the Contractor and the County. Estimated Cost: $79, By reason of this order, the time of completion will be adjusted as follows: No Calendar Days Submitted by: Date: Sarah Fredericks (Construction Coordinator) Recommended by: Date: Johannes J. Hoevertsz, P.E. (Director of Transportation & Public Works) Board Action No.: Dated: Approved By: Date: (Chair of the Board of Supervisors) We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted herein, and perform all services necessary for the work herein specified, and will accept as full payment thereafter the prices shown herein. Accepted, Date: Contractor: Ghilotti Construction Company, Inc. By: Title: If the Contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.

5 This Change Order No. 1 is a settlement, accord and satisfaction of all potential claims by the Contractor against the County for all work to be completed as described in this Change Order No. 1. The intent of this Change Order No. 1 is to grant the Contractor all compensation and time extensions to which the Contractor is entitled as a result of the changes described within this Change Order No. 1. Section A Change In Specification In accordance with Section of the Standard Specifications, work was temporarily suspended from October 8, 2017 to October 30, 2017 due to the wildfire disaster in Sonoma County. The temporary suspension is continued to April 15, 2018 due to inclement weather. In accordance with Section of the Standard Specifications, consideration for Asphalt Price Index Fluctuation is added. All work to be in accordance with applicable portions of the Standard Specifications, Special Provisions, and as directed by the Engineer. The cost of delay, including all cost of labor, equipment and materials will be paid at the agreed lump sum price of $74, The cost of asphalt price index fluctuation will be paid in accordance with Standard Specification Force Account. No additional payment will be made for work done under this Section A of Change Order No. 1. Estimate of Increase in Agreed Lump Sum Price: New Item: Delay, Wildfires in Sonoma County LS $74, New Item: Asphalt Price Index Fluctuation FA $5, Section A Total = $79, By order of this Section A of Change Order No. 1, no additional working days are granted. Section B Change in Specification In accordance with Assembly Bill 626, the Special Provisions are changed as detailed in Attachment A of this Change Order No. 1. All work to be in accordance with applicable portions of the Standard Specifications, Special Provisions, and as directed by the Engineer. No additional costs will be incurred by the County as a result of the changes made under this Section B of Change Order No. 1. C14040 Sheet 2 of 3 CCO No. 1

6 Estimate of Increase in Agreed Lump Sum Price: New Item: AB 626, Contract Specification Changes LS $0.00 By order of this Section B of Change Order No. 1, no additional working days are granted. CONTRACT CHANGE ORDER NO. 1 SUMMARY SECTION AMOUNT DAYS A $79, B $ TOTAL $79, C14040 Sheet 3 of 3 CCO No. 1

7 Integrated Waste Road & Bridge Operations Sonoma County Airport Sonoma County Transit Johannes J. Hoevertsz, Director Deputy Director, Engineering and Maintenance: Olesya Tribukait Change Order Memorandum To: From: Johannes J. Hoevertsz, P.E., Director Sarah Fredericks, Construction Coordinator Date: January 4, 2018 Project: Bodega Hwy Pavement Rehabilitation & Various Streets & Roads Preservation, C14040 Subject: Revised CCO 1 Fire Delay & AB626 Language BOARD APPROVAL REQUIRED Section A This Section is revised from the original draft Subject: Delay Costs Due to Wild Fires Direction to Proceed: Pending this CCO review Total Cost: $79, Contract Time Adjustment: None The original Section A of the Change Order suspended all work from October 8 th to October 30 th due to the wild fires in Sonoma County at no cost. Cold In-Place Recycling (CIR) work on Windsor River Road was the controlling operation in accordance with the approved progress schedule at the time. A 3-week window of dry weather, with daytime temperatures above 50 degrees is required to complete CIR and place the asphalt concrete overlay. Following the suspension due to the fires, rainy and cool weather prevented the work on Windsor River Road from beginning. After monitoring weather patterns in late October and early November, the Contractor requested a winter suspension due to inclement weather. The other roads involved in this project include 2.24 miles of D Street in southwestern Petaluma, 1.96 miles of Bodega Hwy in western Sebastopol, and 0.74 miles of River Road in Fulton. All of these roads have either high volume or high speed traffic, and are used as commute routes. For this reason paving was planned to take place at night. Nighttime temperatures post fire were too cold for work to shift from Windsor River Road to another location. The requested temporary winter suspension is recommended. The Contractor rejected the proposed no-cost change order and submitted demobilization and remobilization cost for their CIR subcontractor in the amount of $74, Documentation supporting this cost has been scrutinized and deemed valid. The Contractor also requested consideration of future cost increases in labor, equipment, and materials. Labor costs are typically adjusted in the summer and should not be a factor. Equipment costs and labor surcharge is evaluated by Caltrans and adjusted in April. It is anticipated that any adjustment would be minor. The most expensive material involved in constructing this project is asphalt concrete. The cost of asphalt is based on the price of crude, which is indexed monthly by Caltrans. Historically this index is 2300 COUNTY CENTER DRIVE, SUITE B 100 SANTA ROSA, CA PH: FAX:

8 volatile, with no distinct seasonal pattern. Caltrans includes a provision for Asphalt Price Index Fluctuation in the Standard Specifications. The Special Provisions for this project deleted this provision. It is presumed that this change was made to stimulate the Contractor to complete the work in a single construction season. In fact, the approved schedule shows substantial completion in mid- December However, due to the fires, the project will now be constructed during a second season. The price of asphalt could change significantly in either party s favor from the time of bidding, in June Although this specification is difficult to budget, it is a fair specification. For this reason it is recommended that the Asphalt Price Index Fluctuation provision be added to the contract. If the specification is not reinstated it is likely that the Contractor will file a claim if the price index increases. Likewise, the County will not be able to benefit from a decrease in the index. An estimated $5, to be paid on a force account basis is used as a place holder in creating the new payment item. This change has no impact on contract time. Section B Subject: Add AB 626 Requirements Direction to Proceed: Required by Assembly Bill after January 1, 2017 Total Cost: $0.00 Contract Time Adjustment: None Assembly Bill 626 created the new Public Contract Code Section 9204 for procedures regarding disputed payments and claims on construction contracts. Public works projects are subject to the requirements of this Code after January 1, County Counsel has reviewed the Code, the 2015 Standard Specifications and has worked collaboratively with the Construction Section to craft the new language added as Attachment A of this Change Order. In general the added specification language: Changes the percent annual interest for unpaid and undisputed payments, Sets a 45 day time period for Contractor to identify remaining disputed portions of a claim after review by the Engineer or board of review meeting, Sets 60 day time period for the Engineer to furnish a final estimate, Defines that failure to respond to the Contractor s claim within the time periods means that the claim is rejected in its entirety, Establishes a 10 day time period for the Department to provide the Contractor a written statement of remaining disputes following a meet and confer conference. Establishes conditions where a Contractor may present a claim on behalf of a subcontractor or lower tier subcontractor. There is no cost associated with this change in specification. There is no impact to contract time associated with this change in specification. I recommend approval of this contract change order as written. Thank you. CONTRACT CHANGE ORDER NO. 1 SUMMARY SECTION AMOUNT DAYS A $79, B $ TOTAL $79, COUNTY CENTER DRIVE, SUITE B 100 SANTA ROSA, CA PH: FAX:

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