DATE: DECEMBER 3, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, COMMUNITY DEVELOPMENT DIRECTOR
THROUGH: VINCENT MONTGOMERY, PLANNING MANAGER
BY: LUIS OCHOA, SR. COMMUNITY DEVELOPMENT ANALYST
LUIS RODRIGUEZ, COMMUNITY DEVELOPMENT ANALYST
TITLE: PARTIAL ACCEPTANCE OF THE NATIVIDAD CREEK PARK RESTROOM REHABILITATION PROJECT (CIP 9346) RECOMMENDED MOTION:
A motion to approve a Resolution partially accepting the Natividad Creek Park Restroom Rehabilitation Project (“Project”, CIP No. 9346) for maintenance and responsibility.
EXECUTIVE SUMMARY:
On June 20, 2023, the City awarded the construction contract to HA Construction (General Contractor) for the Natividad Creek Park Restroom Rehabilitation Project (“Project”, CIP No. 9346) in the amount of $151,000.00. Construction began on May 6, 2024, and the contractor had 90 workings days to complete the Project. During construction, unforeseen conditions and unanticipated events occurred which changed the scope of the work. A total of 12 change orders were issued for this Project resulting in an increase of the total Project cost to $229,674.96. Due to significant delays, completed construction found below industry standards, labor compliance discrepancies, unauthorized subcontractors, and falsification of records, the City made the difficult decision to terminate its construction contract with the General Contractor on August 14, 2024. The Project was partially completed, and acceptance of the Project’s driveway approach and two ADA parking stalls elements allows the City to assume maintenance and responsibility of these elements.
BACKGROUND:
During the Alisal Vibrancy Plan community engagement events, rehabilitation of the Natividad Creek Park restrooms was identified as priority project. In response to this identified necessity, the City’s Library and Community Services Department (LCS) conducted an in-depth assessment of the facility’s current condition and need for rehabilitation.
City staff published the Request for Proposals (RFP) twice. The first RFP was published on December 17, 2023, and the second one on April 4, 2023. In May 2023, in accordance with CDBG regulations, and consultation with the City Attorney, staff contacted the two previous bidders directly to submit an updated project bid proposal by June 6, 2023.
On June 20, 2023, Resolution 22724, the Salinas City Council authorized the award of the Natividad Creek Park Restroom Rehabilitation Project (CIP 9346) to HA Construction and authorized the execution of a construction contract between the City of Salinas and HA Construction in an amount not to exceed $181,200, inclusive of the $151,000 bid amount and an approved 20% contingency of $30,200. HA Construction began construction of the Project on November 20, 2023. Project duration was 90 working days.
On March 12, 2024, the City Council approved Resolution 22916, authorizing Contract Change Orders 3, 4, 5, 6, 7, and 8 to the HA Construction contract in the amount $39,465.19 and increasing of the Project’s contingency to $44,070.81. The Project had a total of 12 change orders that are summarized in Table 1 below.
Table 1: Project Total Cost
Base Bid
Resolution No.
Resolution Date
Bid Total
Total Bid (Items 1-18)
22724
6/20/2023
$151,000.00
Change Orders (CO)
Resolution No.
Resolution Date
CO Total
1 Per Fee Increase
22724
6/20/2023
$ 173.00
2 Building Fumigation & Resheathing Roof
22724
6/20/2023
$ 29,717.27
3 Men’s Urinal Drain Camera and Cleaning
22916
3/12/2024
$ 1,263.62
4 Women’s Partitions (4 units)
22916
3/12/2024
$ 16,348.80
5 Women’s Restroom Side Drainage
22916
3/12/2024
$ 7,401.94
6 Installing the Locker Door Armor
22916
3/12/2024
$ 3,186.02
7 Roof Repair Material
22916
3/12/2024
$ 2,797.20
8 Site drainage at Parking Lot Area
22916
3/12/2024
$ 882.11
9 Extra Excavation due to Rain
22916
3/12/2024
$ 9,381.00
10 CMU wall at door opening
22916
3/12/2024
$ 5,000.00
11 CMU baby station
22916
3/12/2024
$ 1,674.00
12 CMU wall Men’s Restroom
22916
3/12/2024
$ 850.00
Change Orders Total
$ 78,674.96
Project Contingency
Resolution No.
Resolution Date
Contingency
Remaining Contingency Amount
22916
3/12/2024
$34,751.03
Base Bid + Change Orders + Remaining Contingency
$264,425.99
On August 14, 2024, due to significant project delays, construction work found below industry standards, labor compliance discrepancies, unauthorized subcontractors, falsification of records, and multiple unresolved punch lists, the City made the hard determination to terminate the construction contract with the General Contractor. Remaining Project funding in the CIP is $58,195.27.
CEQA CONSIDERATION:
Categorical Exemptions. The City of Salinas determined that the Project is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15301 Existing Facilities, Class I (a)(c)(d)(g) as the Project proposes rehabilitation of an existing public restroom facility. The Notice of Exemption was completed and filed with the County of Monterey on April 6, 2021.
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
No.
STRATEGIC PLAN INITIATIVE:
The proposed Project supports the City of Salinas Strategic Plan 2022-2025 Goals and Strategies of Infrastructure and Environmental Sustainability and Public Safety by providing quality public facilities accessible to all residents.
DEPARTMENTAL COORDINATION:
This Project continues to involve significant inter-departmental coordination inclusive of the Community Development, Library and Community Services, Finance, and Public Works Departments as well as the City Attorney. Currently, CDD staff maintain direct oversight of the Project’s construction and completion through an assigned project management consultant.
FISCAL AND SUSTAINABILITY IMPACT:
The total Project budget for the Natividad Creek Park Restroom Rehabilitation (CIP 9346) including contingency is $264,425.99. This amount is inclusive of the previously stated 12 change orders. The Project was fully funded with Community Development Block Grant (CDBG) funds. The total construction cost expensed to date is $171,479.69 with a remaining balance of $58,195.27.
Maintenance of the ADA parking stalls, and driveway approach will be included the development of FY 25-26 Parks and Community Services Division budget.
Fund
Appropriation
Appropriation
Name
Total Appropriation
Amount for recommendation
FY 24-25 Operating Budget Page
Last Budget Action (Date, Resolution)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
ATTACHMENTS:
Resolution
Partial Acceptance Area
Resolution 22724
Resolution 22916
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