ITEM 4. 11
CITY MANAGER' S REPORT
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY CITY MANAGER' S EXECUTION OF
CONTRACT CHANGE ORDER NO. 3 WITH A.
TEICHERT & SON, INC. DBA TEICHERT
CONSTRUCTION FOR SURFACE WATER
DISCHARGE, CIP WW 20- 17
RECOMMENDATION: Adopt Resolution Ratifying the City Manager' s Execution of Contract Change Order No. 3 with
A. Teichert & Son, Inc. dba Teichert
Construction for Surface Water Discharge, CIP
WW 20- 17
CEQA STATUS: Environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole
was completed in the Certified Final
Environmental Impact Report ( EIR) ( State
Clearinghouse No. 2019110339). The EIR
considered the full range of potential
environmental effects of the Project. The
proposed Contract Change Order 3 falls within
the scope analyzed in the EIR and no further
environmental review is required in
compliance with the California Environmental
Quality Act ( CEQA).
SUMMARY:
Surface Water Discharge, CIP WW 20- 17 ( Project), is the final phase of the City' s effort to enable the discharge of treated effluent to the San Joaquin River ( River).
The Project is comprised of two sub- projects: the construction of discharge pipeline segments and the river outfall structure and the construction of a dechlorination facility at the City' s Consolidated Treatment Facility ( CTF). On September 13, 2021, City Council awarded a construction contract to A. Teichert & Son, Inc. dba Teichert Construction ( Teichert) for the construction of the former sub- project.
As construction of the outfall structure and discharge pipeline segments have progressed significantly over the past months, a Contract Change Order ( CCO) is needed for Teichert' s contract. Teichert has submitted a cost estimate of 327, 139. 91 for the additional work. This Project has numerous permits with various State agencies that include a very strict time period for work to be completed within the San Joaquin River. Due to this strict work window and the potential to delay the project for an additional year, it was critical that the City Manager execute the Change Order in a timely manner.
CITY MANAGER' S REPORT PAGE 2
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' S EXECUTION OF CCO NO. 3 WITH A. TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION FOR SURFACE WATER
DISCHARGE, CIP WW 20- 17
Staff requests Council ratify the City Manager' s execution of CCO 3 for $ 327, 139. 91 with Teichert for the Project. Sufficient funds have been allocated for CCO 3 in the approved budget for Surface Water Discharge, CIP WW 20- 17.
BACKG ROU N D:
Teichert' s construction of the discharge pipeline segments required recycled water purple PVC pipe; however, due to the lack of manufacturing of purple pipe, Teichert was obligated to purchase potable water blue PVC pipe with purple sleeving to receive the pipe in a timely manner to keep pace with the construction schedule.
To construct the outfall structure, Teichert constructed temporary cofferdam walls on the upstream, downstream, and channel sides of the River to form a dewatering pit.
Subsequent to the construction of the outfall concrete base slab following dewatering, water began infiltrating the pit through the riverbank side of the outfall, with the potential to cause erosion of the bank and destabilize the levee.
Due to the water infiltration the construction of a fourth cofferdam wall on the riverbank side of the dewatering pit and the addition of 3" x 6" riprap were required to complete the construction of the River outfall structure.
Lastly, the construction of the discharge pipeline revealed the need for placing additional aggregate base ( AB) in the structural section of Tesla Drive and placing a concrete cap to protect a shallow 20" recycled water line on Sadler Oak Drive. The tasks comprising the additional work are summarized in the table below:
ITEM ITEM TOTAL CCO TOTAL
add 18" & 20" PVC Pi e w/ sleevin 42 146. 40
add cofferdam wall on dr side of outfall excavation $ 231, 500. 00 additional 3" x6" ri ra for slo e stabilization 22, 293. 44 $ 327, 139. 91 additional AB for structural section of Tesla Dr. 13, 104. 00 add concrete ca - Rec cled Water Li Sadler Oak Dr. $ 18, 096. 07 Teichert has provided a quote of $ 327, 139. 91 for the increased costs associated with the five ( 5) described tasks listed in the table above. Staff has reviewed the prices for this work and found them reasonable or consistent with unit costs submitted at time of bid.
Staff requests Council approve a Resolution Ratifying the City Manager' s Execution of Contract Change Order No. 3 with A. Teichert & Son, Inc. dba Teichert Construction for Surface Water Discharge, CIP WW 20- 17.
CITY MANAGER' S REPORT PAGE 3
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' S EXECUTION OF CCO NO. 3 WITH A. TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION FOR SURFACE WATER
DISCHARGE, CIP WW 20- 17
REASON FOR RECOMMENDATION:
The additional necessary work represented by CCO No. 3 will support the ongoing construction of the Project. As the ultimate goal of discharging treated effluent to the San Joaquin River ( Project) is of high importance to the City, the approval of this CCO to continue construction is essential to achieving this goal.
CEQA STATUS:
Environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339). The EIR considered the full range of potential environmental effects of the Project. The proposed Contract Change Order No. 3 falls within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act ( CEQA).
FISCAL IMPACT:
CCOs Nos. 1 and 2 for Teichert' s contract valued at $ 95, 416. 25 and $ 226, 200, respectively were funded by the construction contingency approved by Council for the contract award on September 13, 2021.
The cost of CCO No. 3 is $ 327, 139. 91. Sufficient funds have been allocated for this CCO in the budget for Surface Water Discharge, CIP WW 20- 17; therefore, no budget amendment is requested at this time.
ATTACH M ENTS:
A. Resolution Resolution Ratifying the City Manager' s Execution of Contract Change Order No. 3 with A. Teichert & Son, Inc. dba Teichert Construction for Surface Water Discharge, CIP WW 20- 17
B. Contract Change Order No. 3 with A. Teichert & Son, Inc., dba Teichert Construction for Surface Water Discharge, CIP WW 20- 17 CITY MANAGER' S REPORT PAGE 4
DECEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' S EXECUTION OF CONTRACT CHANGE ORDER NO. 3 WITH A. TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION FOR SURFACE WATER DISCHARGE, CIP WW 20- 17
APPROVALS
4 l /..3 C.. 22
Steven Hollenbeak Date
Assistant Engineer
1 - 1 - 2
Ken Reed Date
Se ior Construction Manager
l l--
Cari Jam Date
Finance i ector
II• 30 • ZoZZ
Michael King Date
Assistant City Ma ager
p ' Zo "2. - L
Salvador Navarrete Date
City Attorney
1L' • ti7i
S en ). Salvatore Date
City Manager
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING THE CITY' S MANAGER' S EXECUTION OF CONTRACT CHANGE ORDER NO. 3 WITH A. TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION FOR SURFACE WATER DISCHARGE, CIP WW 20- 17
WHEREAS, on September 13, 2021, City Council awarded a construction contract to A. Teichert & Son, Inc. dba Teichert Construction ( Teichert) for the construction of the river outfall structure and discharge pipeline segments for Surface Water Discharge, CIP WW 20- 17 ( Project); and
WHEREAS, a pipe cost increase, riverbank instability and the need for additional road structural section under Tesla Drive and protection of a recycled water pipeline under Sadler Oak Drive have increased the costs to construct the outfall structure and recycled water discharge pipeline; and
WHEREAS, this Project has numerous permits with various State agencies that include a very strict time period for work to be completed within the San Joaquin River. Due to this strict work window and the potential to delay the project for an additional year, it was critical that the City Manager execute the Change Order in a timely manner; and
WHEREAS, Teichert has provided the City a total cost estimate of 327, 139. 91 for the Contract Change Order ( CCO) No. 3 to fund the additional work; and
WHEREAS, sufficient funds have been allocated for CCO 3 in the budget for Surface Water Discharge, CIP WW 20- 17; therefore, no budget amendment is necessary; and
WHEREAS, staff requests Council ratify the City Manager' s execution of CCO 3 for $ 327, 139. 91 with Teichert for the Project; and WHEREAS, Environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339). The EIR considered the full range of potential environmental effects of the Project. The proposed Contract Change Order No. 3 falls within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act ( CEQA).
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the City Manager' s execution of Contract Change Order No. 3 with A. Teichert & Son, dba Teichert Construction in the amount of $ 327, 139. 91 for Surface Water Discharge, CIP WW 20- 17; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, Environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339). The EIR considered the full range of potential environmental effects of the Project. The proposed Contract Change Order No. 3 falls within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act ( CEQA).
The foregoing resolution was passed and adopted this 12th day of December 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS O FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
CHANGE ORDER NO. 3
Recycled Water River Discharge, CIP WW 20- 17 City of Lathrop CONTRACT CHANGE ORDER NO. 3
RECYCLED WATER RIVER DISCHARGE. CIP WW 20- 17
Contractor: A. Teichert & Son, Inc. dba Teichert Construction Address: 140 Empire Avenue
Modesto CA 95354
Change Order Date: December 12, 2022
Notice to Proceed Date: July 25, 2022
Contract Date: September 13, 2021
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposals attached as Exhibits A, B, C, D, and E, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and Teichert Construction dated September 13, 2022.
I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S) TO CONTRACT
ITEM NO. DESCRIPTION QTY UNIT UNIT TOTAL
PRICE
1 DR25 18" and 20" PVC Pipe with
1 LS $ 42, 146. 40 $ 42, 146. 40 Sleevin
2 Cofferdam Modifications 1 LS $ 231, 500. 00 $ 231, 500. 00 3 Additional 3" x6" Riprap for Outfall
1 LS $ 22, 293. 44 $ 22, 293. 44 Stabilization
4 Concrete Cap over Recycled Water
1 LS $ 18, 096. 07 $ 18, 096. 07 Line on Sadler Oak Dr. 5 A dditional Aggregate Base on Tesla
560 TN $ 23. 40 13, 104. 00
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER # 3 327, 139. 91 TOTAL ADDITIONAL COST FROM CHANGE ORDER # 2 226, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER # 1 95, 416. 25 ORIGINAL CONTRACT AMOUNT 2, 866,392. 60
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 3 4, 030,756. 16
END OF CHANGES)
DESCRIPTION OF WORK
See additions to contract. The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order.
CHANGE ORDER NO. 3
Recycled Water River Discharge, CIP WW 20- 17 City of Lathrop 1) DR25 18" and 20" PVC Pipe with Sleeving
Due to the lack of manufacturing of 18" & 20" DR25 Purple Pipe, Teichert Construction was obligated to order 18" & 20" DR25 Blue Pipe with purple sleeving at an increased price in order to receive pipe product in timely manner. 2) Cofferdam Modifications
Due to water infiltration and erosion from bank side of outfall excavation, the additional wall was needed to retain bank. Installation of a fourth cofferdam wall of sheet piles roughly 60 LF includes the following items:
Teichert Support ( Crane Access, Additional Earthwork, Dewatering) Mobilization of LTR1220 Crane & Vibratory Hammer.
Set up of Crane
Installation & Removal of 9 Additional Pair of Sheet Piles Removal/ Modification to Existing Waler System
Furnish & Install Additional Walers for 4- sided pit
Breakdown of Crane
3) Additional 3"x6" Rip- Rap for Outfall Stabilization
Purchase and placement of additional 3" x6" rocks ( riprap) to stabilize the riverbank side and prevent further erosion from the bank side of the outfall excavation. 4) Concrete Cap over Recycled Water Line on Sadler Oak Dr.
During construction of the discharge pipeline, a shallow 20" recycled water line was found on Sadler Oak Drive. A concrete cap was placed to protect the shallow recycled water line.
5) Additional Aggregate Base on Tesla Dr.
Placement of additional aggregate base ( AB) in the structural section of Tesla Drive was needed during construction of the discharge pipeline.
TIME OF COMPLETION
The extra work will increase the time frame of the original contract by 30 working days.
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 3. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor's work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.
END OF SECTION)
DocuSign Envelope tD: 9D5127F6- EC43- 4318- BD3A- A289C46CFF78 CHANGE ORDER NO. 3
Recycled Water River Discharge, CIP WW 20- 17 City of Lathrop Pp
To Formd As So . G - z-Z
Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By: 12• 1 Zo22
Michael King Date
Assistant City Manager
City of Lathrop
Approved By: For t2• cp• zozz
Stephen J. Salvatore Date
City Manager
City of Lathrop
DocuSigned by:
Accepted By S y 11/ 3o/ zozz Contractor:
Teichert Construction Date
7ose Ramirez Project Manager
Print Name and Title
rA r
Fresno Office
5771 S. Toyota Ave.
Fresno, CA 93725
P. O. Box 520
Fowler, CA 93625- 0520
TEICHERT CONSTRUCTION
5591 813- 3100" FAX( 559) 813- 3099
October 3, 2022 Letter Serial No. 002
RE: City of Lathrop
Ken Reed
Senior Construction Manager
Lathrop Recycled Water River Discharge
SUB: Proposal Request No. 2— DR25 Pipe Increase
Mr. Reed,
Due to the lack of manufacturing of 18"& 20" DR25 Purple Pipe back in December of 2021, Teichert Construction was obligated to order 18"& 20" DR25 Blue Pipe with purple sleeving at an increased price in order to receive pipe product in timely manner. Please see below additional cost to acquire Blue Pipe with purple sleeving.
The total cost increase for DR25 Blue Pipe is$ 42, 146. 40 If you have any questions or need further information, please contact me at( 916) 803- 3813 Sincerely,
Jose Ramirez
Project Manager
Teichert Construction
Printed on recycled paper. State of California Contractor' s License No. 8 R•• Fresno Office
5771 S. Toyota Ave.
Fresno, CA 93725
P. O. Box 520
Fowler, CA 93625- 0520
1'EICHERt CONSTRUCTION
5591 813- 3100` FAX( 5591 813- 3099
October 3, 2022 Letter Serial No. 004
RE: City of Lathrop
Ken Reed
Senior Construction Manager
Lathrop Recycled Water River Discharge
SUB: Proposal Request No. 4— Cofferdam Modifications
Mr. Reed,
Teichert Construction proposes to install a fourth cofferdam wall of sheet piles roughly 60 LF along the levee bank. Due to water infiltration and erosion from bank side of outfall excavation, the additional wall will be needed to retain bank. This proposal includes the following items:
Teichert Support( Crane Access, Additional Earthwork, Dewatering) Mobilization of LTR1220 Crane& Vibratory Hammer.
Set up of Crane
Installation& Removal of 9 Additional Pair of Sheet Piles Removal/ Modification to Existing Waler System
Furnish& Install Additional Walers for 4- sided pit
Breakdown of Crane
The cost of this work is$ 231, 500. 00
If you have any questions or need further information, please contact us at our Construction Office( 559) 813- 3100.
Sincerely,
Jose Ramirez
Project Manager
Teichert Construction
Printed on recycled paper. State of California Contractor' s License No. 8 EXHIBIT"C"
Teichert Construction Change Order Request
Teichert Construction - Stockton Office
PO Box 1118
Stockton, CA 95201
Phone: 209- 983- 2300 Fax: 209- 983- 2375
Owner: City of Lathrop Project: 11763. 00- CIP WW 20- 17; Recycled Water River Discharge- LABOR
390 Towne Centre Drive Date: November 21, 2022
Lathrop, CA 95330
Item Quantity UM Unit Price Amount
Change Order Request;# 7 - 9006- Buy& Place Additional Rip Rap 1 9006- Buy& PlaceAdditional Rip Rap LS 22,293. 44
Total For Change Order 22, 293. 44
Approved By: City of Lathrop Submitted By: Jose Ramirez Signed: Signed:
Date: Date:
EXHIBIT" D•
Teichert Construction Change Order Request
Teichert Construction - Stockton Office
PO Box 1118
Stockton, CA 95201
Phone: 209- 983- 2300 Fax: 209- 983- 2375
Owner: City of Lathrop Project: 11763. 00- CIP WW 20- 17; Recycled Water River Discharge- LABOR
390 Towne Centre Drive Date: November 02, 2022
Lathrop, CA 95330
Item Quantity UM Unit Price Amount
Change Order Request:# 4 - 9004- Concrete Cap over Shallow 18" RW 1 9004- Concrete Cap over Shallow 18" RW LS 18, 096. 07 Total For Change Order 18, 096. 07
Approved By: City of Lathrop Submitted By: Jose Ramirez Signed: Signed:
Date: Date:
EXH BR
Teichert Construction Change Order Request
Teichert Construction - Stockton Office
PO Box 1118
Stockton, CA 95201
Phone: 209- 983- 2300 Fax: 209- 983- 2375
Owner : City of Lathrop Project: 11763. 00- CIP WW 20- 17; Recycled Water River Discharge- LABOR
390 Towne Centre Drive Date: November 02, 2022
Lathrop, CA 95330
Item Quantity UM Unit Price Amount
Change Order Request:# 8 - 9007- Additional AB Material 1 9007- Additional AB Material 560. 00 TN 23. 40 13, 104. 00 Total For Change Order 13, 104. 00
Approved By: City of Lathrop Submitted By:
Signed: Signed:
Date: Date: