Cities Index.
Agenda packet, first session

Modesto City Council
January 10, 2023

Document
Agenda packet, first session
Meeting
January 10, 2023
Body
Modesto City Council
Pages
21
Original file
74.9 MB
Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

project was awarded. Staff determined that it would be in the best interest of the City to reject the bids and re-advertise the project to include the scope of work related to the MID coordination.

On May 28, 2019, by Resolution 2019-248, Council rejected all bids for the Sonoma Sanitary Sewer Trunk Extension Project and authorized staff to re-advertise the project for bids at a future date with an amended scope of work.

DISCUSSION:

The project was re-advertised for bids on July 24, 2020. Bids were publicly opened on August 25, 2020, pursuant to Modesto Municipal Code Section 8-3.403 and City Charter Section 1307. Five bids were received, and A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, was the apparent lowest bidder at 20.46% below the engineers estimate.

On October 6, 2020, by Resolution No. 2020-416 Council awarded a contract to A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA for the construction of the Rebid Sonoma Sanitary Sewer Trunk Extension project for the amount of $2,022,180. The contractor received the Notice to Proceed with a start date of December 7, 2020. All contract work was completed on July 16, 2021.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $2,230,697. The work is covered by a one-year warranty for any issues that may arise.

Staff recommends the project for acceptance as the contractor has complied with all contract requirements.

FISCAL IMPACT:

The total project costs were $2,724,293, which included design, construction, and construction administration costs. The total project amount originally budgeted was $2,854,747, which included $2,264,842 for the construction contract and contingency with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, states that a contract of at least $1,000,000, but less than $10,000,000 allows Directors Authority not to exceed eight percent (8%) of the contract amount. By Resolution No. 2020-417, on October 6, 2022, authorization was given to the Director of Utilities to approve change orders up to the cumulative amount of $242,662 (12%) of the original contract price.

There were five change orders resulting in an overall increase of $208,517 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
#27..
- 764 -
City Council January 10, 2023
Accept Rebid Sonoma Sanitary Sewer Trunk Extension Project as Complete

Page 3 of 3 ends

100533 – UPP “Sonoma Trunk Extension”
PROJECT EXPENDITURES:

Construction Contract (Teichert Construction) $2,022,180 Construction Contingency (Change Orders) 10.3% $208,517 Construction Administration – City Staff Support 8.2% $164,914 City Construction Forces (CCF) 0.5% $10,943
Engineering Design/Admin. – City Staff Support/Misc. 15.7% $317,739 TOTAL CONSTRUCTION EXPENDITURES: $2,724,293
*Percentages are based on Construction Contract amount.

COMMITTEE RECOMMENDATION
This project was presented to Finance Committee May 21, 2018, as a report on upcoming construction projects. The Committee approved the list of projects and recommended that staff present the award of each project to Council upon successful bidding.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section Article 18, Section 15282(k) and 15303 Class 3.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Rebid Sonoma Sanitary Sewer Trunk Extension Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,230,697 to A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.

Approved by: _________________________________________
William Wong, Director of Utilities
_________________________________________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. CCO Log

3. Project Suspension
#27..
- 765 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION ACCEPTING THE REBID SONOMA SANITARY SEWER

TRUNK EXTENSION PROJECT AS COMPLETE, AUTHORIZING ALL

NECESSARY STEPS TO FILE WITH THE COUNTY RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS TOTALING $2,230,697 TO A.

TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION, OF ROSEVILLE, CA
WHEREAS, this project extended the Sonoma Sanitary Sewer Trunk by installing a 27-inch diameter gravity sewer trunk along Sylvan Avenue, from Wood Sorrel Drive to Aria Way, as well as approximately 250 linear feet of 24-inch diameter sewer trunk north of Sylvan Avenue, along future Aria Way; and
WHEREAS, due to interference with the existing Modesto Irrigation District (MID) irrigation main, referred to as the Cavil Drain, a realignment of this system was included in this project; and
WHEREAS, the existing irrigation lines were relocated and a new diversion box with lift station was constructed to avoid interference with the new sewer trunk at Sylvan Avenue and Aria Way; and
WHEREAS, the Project was originally advertised for bids on March 19, 2019.

However, due to the conflict with the Cavil Drain, Staff concluded that additional coordination with MID was necessary to ensure the sewer trunk was a continuous system able to serve proposed development; and
WHEREAS, staff determined that the adjustments to the Cavil Drain would result in a change in scope and subsequent change order, if project was awarded. Staff determined that it would be in the best interest of the City to reject the bids and readvertise the project to include the scope of work related to the MID coordination; and WHEREAS, on May 28, 2019, by Resolution 2019-248, Council rejected all #27..
- 766 -
2 bids for the Sonoma Sanitary Sewer Trunk Extension Project and authorized staff to readvertise the project for bids at a future date with an amended scope of work; and WHEREAS, the project was re-advertised for bids on July 24, 2020. Bids were publicly opened on August 25, 2020, pursuant to Modesto Municipal Code Section 8-

3.403 and City Charter Section 1307; and
WHEREAS, five bids were received, and A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, was the apparent lowest bidder at 20.46% below the engineers estimate; and
WHEREAS, on October 6, 2020, by Resolution No. 2020-416 Council awarded a contract to A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA for the construction of the Rebid Sonoma Sanitary Sewer Trunk Extension project for the amount of $2,022,180; and
WHEREAS, the contractor received the Notice to Proceed with a start date of December 7, 2020. All contract work was completed on July 16, 2021; and WHEREAS, the total project costs were $2,724,293 which included design, construction, and construction administration costs. The total project amount originally budgeted was $2,854,747 which included $2,264,842 for the construction contract and contingency with A. Teichert and Son, Inc., DBA Teichert Construction of Roseville, CA; and
WHEREAS, The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, states that a contract of at least $1,000,000, but less than $10,000,000 allows Directors Authority not to exceed eight percent (8%) of the contract amount. By Resolution #27..
- 767 -
3 No. 2020-417, on October 6, 2022, authorization was given to the Director of Utilities to approve change orders up to the cumulative amount of $242,662 (12%) of the original contract price; and
WHEREAS, there were five change orders resulting in an overall increase of $208,517, and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Rebid Sonoma Sanitary Sewer Trunk Extension project, is hereby accepted as complete from contractor, A. Teichert and Son, Inc., DBA Teichert Construction, of Roseville, CA., and that the City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $2,230,697.
#27..
- 768 -
4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of January, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________________
DIANE NAYARES-PEREZ, CMC, City
Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
#27..
- 769 -
CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: November 28, 2022
TIME
EXT.
2021/03 - Sonoma Sanitary Sewer Trunk Extension (100533) Rebid PROJECT NUMBER AND NAME:
01 Install MID Pressure Manhole 06/04/21 $41,580.00 0 W.D. No No Yes 02 Install Handicap Ramp and Curb Return at SE Aria Way 11/15/21 $18,700.00 0 W.D. No Yes No 03 Pave Jeffrey Way 11/15/21 $62,761.44 0 W.D. No Yes No 04 Extra Work Perfromed 06/15/22 $119,605.49 0 W.D. No Yes No 05 Balancing Change Order -$34,130.00 0 W.D. No Yes No
Total Change Orders Processed To Date: $208,516.93
Original Contract Amount: $2,022,180.00
IDA To: $242,662.00
Total Working Days Time Extension: 0
Original Director's CCO Authority: $161,774.00
IDA Date: 10/6/2020
#27..
- 770 -
#27..
- 771 -
#27..
- 772 -
#27..
- 773 -
#27..
- 774 -

OFFICE OF THE CITY CLERK

NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, JANUARY 10, 2023 at 4:15 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association #.
- 775 -
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees January 6, 2023 BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, CMC, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
#.
- 776 -
TO: THE CLERK OF THE CITY OF MODESTO
RE: CLOSED SESSION
Pursuant to Section 2-1.02 of the Modesto Municipal Code, you are hereby authorized and empowered to call a special Closed Session meeting of the Council of the City of Modesto to be convened on
TUESDAY, JANUARY 10, 2023 at 4:15 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
#.
- 777 -
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees January 6, 2023 BY ORDER OF THE CHAIR
/S
__________________________
SUE ZWAHLEN, Mayor
#.
- 778 -

← All documents from this meeting