For City Council Meeting [June 8, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Sean Grayson, Acting City Manager
FROM: Michael Tahan, Interim Public Works Director
Title
Request City Council to 1) Accept Fire Station 205 Phase 1 and Phase 2 Improvements, City Project Nos. 170203 and 190211; 2) Authorize the Filing of the Notice of Completion for Fire Station 205 Phase 1 Improvements and Phase 2 Improvements; 3) Approve Contract Change Order No. 11 for $97,630.70 for Pacific Hydrotech for Phase 1, City Project No. 170203; 4) Approve Third Amendment to the Professional Services Agreement to STK Architecture Inc. in the amount of $49,060 for Construction Management Services for Fire Station 205 Phase 1 and Phase 2; 5) Authorize Release of Retention to Pacific Hydrotech Corporation for Phase 1 Improvements and Robert Clapper Construction Services, Inc. for Phase 2 Improvements; and 6) Authorize a Professional Services Agreement with GSSI Inc. and Authorize a Purchase Order Increase in the Amount of $125,000 for Security Services at Fire Station 205 for a Total Not to Exceed Amount of $205,000.
(ACTION)
Body
BACKGROUND
Phase 1
On November 14, 2017, City Council authorized the Release of Request for Bids and on June 21, 2018 staff released Request for Bid No. 18-045 for the Construction of the Fire Station 205 Phase 1 Improvements, City Project No. 170203. Improvements consist of site improvements such as grading a 3 ½ acre site, all wet and dry utilities, CMU walls and metal fencing, A.C. paving, metal gates and an above ground fuel tank. The Project includes a 4-bay, pre-engineered Apparatus, two (2) modular buildings for living quarters and a pad for a training tower. The project location map is provided in Figure 1 below:
Figure 1: Project Location Map
On August 14, 2018, City Council awarded a construction contract to Pacific Hydrotech, Corporation in the amount of $3,646,800 for the Fire Station 205 Phase 1 Improvements, City Project No. 170203.
Phase 2
On June 18, 2019, the City released RFB 19-141 for the Construction of Fire Station 205 Phase 2 Improvements project, City Project No. 190211, and published the Notice Inviting Bids in the San Bernardino County Sun, The City of Rialto website and PlanetBids. The project location map is provided in Figure 1 above.
On September 24, 2019, City Council awarded a construction contract to Robert Clapper Construction Services, Inc. in the amount of $3,147,000 for Fire Station 205 Phase 2 Improvements, City Project No. 190211.
ANALYSIS/DISCUSSION
The Rialto Fire Station 205 Phase 1 was accepted as “Substantially Complete” as of March 10, 2020. Staff conducted a final inspection and found the work to comply with the plans, specifications, and standards of the City of Rialto. Upon acceptance by the City Council, staff will file a Notice of Completion for recordation at the County Recorder’s office. A copy of the Notice of Completion is included as Attachment 1 and a Project Location Map is provided above.
Table 1 summarizes total construction costs associated with work completed by Pacific Hydrotech, on the Fire Station 205 Phase 1, City Project No. 170203.
Table 1 - Contract Change Order Summary for Phase 1
The Contractor completed the work in accordance with the construction contract documents. There were added work items, covered through CCO’s 1 and 9 totaling $254,560, for miscellaneous and changed field conditions, and unexpected or unknown items uncovered during the construction work.
A deductive authorization of $4,643 is required to omit the amount of Contract Change Order No. 10. This deductive change order accounts for omitted work quantities. This work was performed during Construction of Phase 2, Contract Change Order No. 4, retention will be reduced by $4,643 due to credit for CMU Wall, planting, and irrigation. The deductive work items are documented in Contract Change Order No. 10, included as Attachment 2 and briefly described in Table 1 above and Table 3 below.
Staff is requesting authorization for Contract Change Order No. 11 to address the storm drain channel in the amount of $79,130.70 and rolling gate item in the amount of $18,500, for a total contract change order amount $97,631.70. Full details for this supplemental work is provided below:
Storm Drain
Approximately 80% of the 3.25 acre site drains in the direction of a large detention/water quality basin adjacent to the existing concrete lined Rialto channel. The civil engineer’s design included a 24” diameter over-flow pipe from the detention basin to the Rialto Channel as part of the Phase 1 scope of work.
Engineering Resources initiated permit processing on March 18, 2018 and obtained both approval of the U.S. Army Corps of Engineers and the Regional Water Quality Control Board. The construction meeting minutes from September 12, 2018, to October 25, 2019, stated that Lonny Young was working on obtaining approval for construction first from the California Department of Fish and Wildlife, then San Bernardino County Flood Control Dept. Plans were not submitted for processing/plan check to either agency.
STK took on the construction administration portion of work for the project as per the Second Amendment to their Professional Services Agreement as authorized by City Council on March 10, 2020.
Savat Khamphou - Director of Public Works/City Engineer directed Engineering Resources, the Civil Engineer of record, to proceed with obtaining the approvals/permits for the 24” drainpipe to the Rialto channel in August 2020.
Prior to Mr. Khamphou becoming Public Works Director/City Engineer, City Staff directed the civil engineer to remove the 24” diameter pipe connection to the Rialto Channel. Therefore, Pacific Hydrotech was asked to provide a credit for the 24” diameter pipe. The credit was <$23,648.38> as documented in Charge Order No. 9 on June 1, 2020.
Engineering Resources submitted application materials for a Lake Streambed Alteration Agreement to CDFW in September 2020 and November 2020. CDFW issued project approval in February 2021. In April 2021, the San Bernardino County Flood Control Dept. ruled that the 24” pipe connection was required as a condition of permit issuance. Plans have been revised to show construction of the 24” connection and San Bernardino County Flood Control Dept. approval is pending.
Pacific Hydrotech has bid the 24” diameter pipe for $79,130.710 as Change Order No. 11. The work is scheduled to take approximately 30 days to construct. The completion date is June 25, 2021.
Rolling Gate
The Rialto Police Department was contacted by the Fire Staff after a security guard truck hit the rolling gate. The individual that hit the rolling gate works for GSSI, the security guard company that is presently hired by the City.
On September 22, 2020, STK proceeded with a request for proposal from Pacific Hydrotech Corp. at the request of the Fire Department. Pacific Hydrotech’s bid was $18,500 to remove/replace the rolling gate. The bid was accepted and was included in Change Order #11. It was also agreed by Pacific Hydrotech and the City of Rialto that Pacific Hydrotech will request reimbursement from the security guard’s company.
Pacific Hydrotech has filed a claim with the insurance company but has not been reimbursed the $18,500. Pacific Hydrotech removed/replaced the gate in January 2021.
As part of the closing out of this project the City may and will now be responsible to obtain the reimbursement from the insurance company. Pacific Hydrotech is to be paid $18,500 for this work, if the insurance company does not provide reimbursement in a timely manner.
The final total project construction cost for Phase 1 is $3,998,991, which includes original Contract of $3,646,800 and Contract Change Orders 1- 9 and 11 in the amount of $352,191. Change Orders No. 1 through No. 9 and 11 are also included as Attachment 3.
The supplemental work under the proposed Contract Change Order No. 11 will use the remainder of the project budget of $14,238 and require an additional $83,39 (for a total project cost of $5,004,393) to complete payment for this work. Staff is recommending a budget transfer from Facilities DIF Funds available in the remaining Phase 2 project budget.
Phase 2
On January 25, 2021, the Contractor satisfactorily completed the Fire Station 205 Phase 2 Improvements. Staff conducted a final inspection and found the work to comply with the plans, specifications, and standards of the City of Rialto. Upon acceptance by the City Council, staff will file a Notice of Completion for recordation at the County Recorder’s office. A copy of the Notice of Completion is included as Attachment 4 and a Project Location Map is provided above.
Table 2 below summarizes the total construction costs associated with work completed by Robert Clapper Construction Services, Inc , on the Fire Station 205 Phase 2, City Project No. 190211.
Table 2 - Contract Change Order Summary for Phase 2
The Contractor completed the work in accordance with the construction contract documents. There were added work items, covered through CCO’s 1 and 8, totaling $149,046 for miscellaneous and changed field conditions, and unexpected or unknown items uncovered during the construction work. With an approved project contingency of $160,000 as authorized by City Council on September 24, 2019, the final construction contract work conducted by Robert Clapper Construction Services, Inc was under the contingency by $10,954.
Change Orders No. 1 through No. 8 are also included as Attachment 5.
The final total project construction cost for Phase 2 is $3,296,046.
Third Amendment to STK Architecture, INC.
Staff is recommending City Council approve third amendment to the Professional Services Agreement (PSA) to STK Architecture Inc. in the amount of $49,060 for Construction Management Services for Fire Station 205 Phase 1 and Phase 2. The supplemental construction work requires continued construction management support for project close out. A copy of Amendment to PSA, Proposal and Disclosure form are included as Attachments 6, 7, & 8.
Professional Services Agreement with GSSI, Inc.
Additionally, Staff is recommending that the City Council Authorize a Professional Services Agreement with GSSI Inc. and authorize a Purchase Order Increase in the amount of $125,000 for Security Services at the Fire Station 205. The monthly cost for these services is estimated at $13,679.12, for a total amount not to exceed of $125,000. A copy of the Professional Services Agreement and Disclosure Form is included as Attachments 9 & 10.
Pending Items
Public works will coordinate with the Fire Department to complete close-out and pending work items for security related matters, to be funded through the appropriated budgets for Project Nos. 170203 and 190211. As of today, the following are security related items that are being addressed:
• Exterior Flood Lights: Perimeter Lighting to increase security and deter trespassers (Perimeter/Rear of Phase 1 Facilities).
• Front Door (public entrance) Secured Locking Mechanism: Re-Configure Locking mechanism on Front Door/Public Entrance to re-lock once utilized.
Staff will provide regular updates to City Council on the additional scope of work.
ENVIRONMENTAL IMPACT
The City prepared an Initial Study and Mitigated Negative Declaration (IS/MND) for the Fire Station 205 project. The City circulated the Initial Study for public review and comment for a 20-day period, and the City received one comment letter. The Development Review Committee reviewed the Fire Station 205 project and approved a Mitigated Negative Declaration on December 6, 2017. On December 11, 2017, the City filed a Notice of Determination (NOD) with the County Clerk. Copies of the IS/MND and NOD are included as Attachments 11 & 12.
GENERAL PLAN CONSISTENCY
This action is consistent with the following City of Rialto Guiding Principle:
Our City government will lead by example, and will operate in an open, transparent and responsive manner that meets the needs of the citizens and is a good place to do business.
Goal 3-6: Require that all developed areas within Rialto are adequately served with essential public services and infrastructure.
Policy 3-6.1: Coordinate all development proposals with other affected public entities to ensure the provision of adequate public facilities and infrastructure services.
Policy 3-6.3: Require an increasing level of public safety infrastructure and service capability ties to population increase and increasing service demand.
Goal 5-3: Increase the City’s fire protection capabilities and implement fire prevention regulations and standards that minimize potential fire hazards and fire losses.
Policy 5-3.1: Provide for fire personnel, equipment, and fire stations to have adequate and appropriate resources to meet the needs and serve all areas of Rialto.
Policy 5-3.6: Establish a fire station south of I-10 and improve fire coverage capabilities of this area.
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report.
FINANCIAL IMPACT
Operating Budget Impact
Annual maintenance costs for Fire Station 205 will be included in future year Fire Department operating budgets.
Capital Improvement Budget Impact
Project Funds were budgeted in the Fire Development Fund 217 for Phase 1 and Fire Development Fund and Facilities Development Fund 270 for Phase 2.
The project’s incurred expenditures and other associated costs to date are identified in Table 3 below.
Table 3
Phase 1
The total project budget for Phase 1 is $4,921,000 while the estimated total project cost is $5,004,393, which exceeds the project budget by $83,393. Staff Recommends a budget transfer to Phase 1, Project No. 170203, in the Facilities Impact Fund 270-500-2147-3001-170203-35, from the available budget of $772,505 in account 270-500-2147-3001-190211-22, from Phase 2, project No. 190211. Hence, Contract Change Order No. 11, in the amount of $97,631, will be paid from Account 270-500-2147-3001-170203-35.
The City is currently holding retention in the amount of $195,068.04 for Pacific Hydrotech, Corporation. If the proposed Change Order No. 11 is approved through this action, the total retention withheld at the end of the project will be $199,950. Retention will be reduced by $4,643 due to credit for CMU Wall, planting, and irrigation. This work was performed during Construction of Phase 2, Contract Change Order No. 4 as outlined on Tables 1 and Table 2 above. The Public Contract Code provides for retention release 60 days after construction completion or 35 days after filing of the Notice of Completion. Since the construction has been complete for more than 60 days, the City will release the retention upon acceptance of the work and filing of the Notice of Completion.
The Finance Department will add the new improvements to the City’s fixed asset system in compliance with Governmental Accounting Standard Board (GASB) 34 Standards for Financial Reporting of Infrastructure Assets as Attachment 13.
Phase 2
The remaining project budget of $772,506 in the Facilities DIF Fund, Account No. 270-500-2147-3001-190211 for Phase 2, Project No. 190211 will be reduced to transfer $83,393 for Phase 1, Project 170203.
Third Amendment to the Professional Services Agreement to STK Architecture Inc. in the amount of $49,060 and Agreement with GSSI Inc, in the amount of $125,000 will be paid from the Facilities DIF Fund Account No. 270-500-2147-3001-190211-16.
The City is holding retention in the amount of $164,708.51 for Robert Clapper Construction Services, Inc. The Public Contract Code provides for retention release 60 days after construction completion or 35 days after filing of the Notice of Completion. Since the construction has been complete for more than 60 days, the City will release the retention upon acceptance of the work and filing of the Notice of Completion.
The Finance Department will add the new improvements to the City’s fixed asset system in compliance with Governmental Accounting Standard Board (GASB) 34 Standards for Financial Reporting of Infrastructure Assets as Attachment 14.
Licensing
A Business License application and payment of a Business License tax at the Professional Service rate in the amount of $154 will be paid by Pacific Hydrotech.
A Business License application and payment of a Business License tax at the Professional Service rate in the amount of $104 will be paid by STK Architecture Inc.
A Business License application and payment of a Business License tax at the Professional Service rate in the amount of $179 will be paid by GSSI Inc.
RECOMMENDATION
Staff recommends that the City Council:
• Accept Fire Station 205 Phase 1 and Phase 2 Improvements, City Project Nos. 170203 and 190211.
• Authorize the Filing of the Notice of Completion for Fire Station 205 Phase 1 Improvements and Phase 2 Improvements.
• Approve Contract Change Order No. 11 for $97,630.70 for Pacific Hydrotech for Phase 1, City Project No. 170203.
• Approve Third Amendment to the Professional Services Agreement to STK Architecture Inc. in the amount of $49,060 for Construction Management Services for Fire Station 205 Phase 1 and Phase 2.
• Authorize Release of Retention to Pacific Hydrotech Corporation for Phase 1 Improvements and Robert Clapper Construction Services, Inc. for Phase 2 Improvements.
• Authorize a Professional Services Agreement with GSSI Inc. and authorize a Purchase Order increase in the amount of $125,000 for Security Services at Fire Station 205 for a Total Not to Exceed Amount of $205,000.