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CONSIDERATION OF AWARDING ALTERNATE 11 OF BID NO. 1213-39 INCREASING THE CONTRACT AMOUNT BY $865,000 AND APPROVAL OF CHANGE ORDER ONE TO CONTRACT NO. K-1213-67 BY AND BETWEEN THE NORMAN TAX INCREMENT FINANCE AUTHORITY AND CGC, L.L.C., DECREASING THE CONTRACT AMOUNT BY $343,600 IN ORDER TO ADD FOUNTAIN MODIFICATIONS TO THE LEGACY PARK CONSTRUCTION PROJECT, AND BUDGET APPROPRIATION.
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BACKGROUND: The Norman Tax Increment Finance Authority (NTIFA) approved Contract K-1213-67 with CGC, LLC in the amount of $5,897,900. The bid for Legacy Park included 14 add-alternates, eight of which were awarded with the contract approval on January 22, 2013. The NTIFA elected not to include add alternate number 11 at that time. Alternate 11 provided for cascading water features at a cost of $865,000. The NTIFA asked Howard-Fairbairn Site Design to explore other fountain enhancing options that would be less costly.
Howard-Fairbairn consulted with Delta Fountains and CGC, L.L.C., on other options which were presented at a study session on April 16, 2013. During that discussion, the NTIFA expressed interest in options that would provide additional vertical water flow and additional water cannon blasts. Water spray heights would be adjustable with a computer animation program. Red, blue and green LED lighting would also be added to the center fountains and to the perimeter scupper fountains on the west side of the pond. These enhancements will provide additional aeration and water movement which will improve water quality in the pond. Following the study session, a detailed description of the potential fountain enhancements was provided to the NTIFA in a memorandum dated April 23, 2013. The total installed cost of these options is $521,400.
DISCUSSION: Since Alternate 11 was competitively bid with the rest of the project, Staff is recommending that the NTIFA award that alternate at this time. This will increase the initial contract amount with CGC, LLC by $865,000, to a total of $6,762,900. Subsequently, pursuant to the NTIFA's request on April 16, 2013, Staff is recommending a deduct change order in the amount of $343,600. This deduct reflects the changes in the fountain options that were presented at the April 16th study session.
The fountain enhancements that will be provided as a result of this action will include:
1. Remove center floating fountain provided in base bid
2. Seven additional water cannons, 21 red, blue, green LED lights in center fountains
3. Additional mechanical equipment and animation programming
4. 21 smooth bore spray nozzles
5. LED lighting on scupper fountains
RECOMMENDATION: In accordance with Council's input on April 16, 2013 and additional follow up, Staff recommends moving forward with the fountain lighting feature of Legacy Park, scaling back the cost of the original bid by $343,600 through a change order that modifies the fountains and lighting as outlined above.
It is recommended the savings on the lighting component of Legacy Park be accomplished as follows: that the NTIFA award alternate number 11 from Bid 1213-39 for the Legacy Park Construction Project increasing the bid amount by $865,000 for additional fountains; and also approve Change Order One to Contract K-1213-67 with CGC, LLC decreasing the contract amount by $343,600 to provide for changes to the fountain and lighting package included in the base bid. This action saves $343,600 from the original alternate 11 bid, and will result in a net increase to the contract of $521,400.
It is further recommended that $521,400 be appropriated from University North Park Tax Increment Finance Fund Balance (account 057-0000-253.20-00) to UNP Legacy Park, Construction (account 057-9518-431.61-01) to provide funding for this change order.