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Home My WebLink About4.17 Award of Bid-Historic Park Theater LightingG~~~ OF Dp~~y $~ i9'.~.~.~-;~~az STAFF REPORT CITY CLERK ~\` ~ % ~'~I~oR~~° DUBLIN CITY COUNCIL File # ^[~~~-[~~ DATE: June 7, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager , SUBJE : Award of Bid - Dublin Historic Park Theater Lighting Project to Sousa Electric and Project Close-Out Budget Change Prepared By: Herma Lichtenstein, Parks & Facilities Development Manager EXECUTIVE SUMMARY: Staff is seeking the conditional approval of the award of bid for the installation of the Dublin Historic Park Theater Lighting Project to Sousa Electric. Additionally, Staff is seeking approval of an additional appropriation reflecting estimated final costs for the Dublin Heritage Parks and Museums Project (CIP #950001). FINANCIAL IMPACT: The current year appropriations for Capital Improvement Project #950001 Dublin Historic Park Development, is $2,487,787, including all aspects of the project. A total of $103,950 was budgeted in the project for Furniture and Equipment including the Audio Visual Equipment and theater lighting for the Sunday School Barn. As described in this report the proposed contract with Sousa Electric will encumber $56;520 of the funds budgeted for Furniture and Equipment. The Contract with Sousa Electric is anticipated to be the final contract presented to the City Council related to the overall project. In order to address appropriations for the overall project, including budget savings on some activities, the net additional appropriations required total $64,520. The additional costs relate to Staff costs ($45,175), additional contract construction management services ($10,305) and the theater lighting ($9,040). RECOMMENDATION: Staff recommends that the City Council take the following actions: 1) Adopt the Resolution awarding Contract No. 10-09, Dublin Historic Park Theater Lighting Project to Sousa Electric, subject to approval by Sousa Electric of the deductive change order in the amount of $34,240; and 2) Approve a Budget Change in the amount of $64,520. ~Gw~ Submitted by: Parks and Community Services Director Q~ ~~~~~ Reviewed by: Administrative Services Director Reviewed by: Assistant City Manager Page 1 of 3 ITEM NO. '~I ~ r~ DESCRIPTION: The installation of the theater lighting and sound system in the Sunday School Barn at the Dublin Heritage Park and Museums will allow for a variety of programming opportunities such as youth theater, performing arts programs and classes, musical perFormances, and use during events. Theater Liqhtinq Proiect Bid On May 5, 2011 the City received one bid from Sousa Electric in the amount of $85,000. Since the bid exceeded the Engineers Estimate, Staff reviewed the bid with the City Attorney's Office and the contractor and determined that a deductive change order based on a better understanding of the project conditions was acceptable. Based on these discussions Sousa Electric clarified the bid scope and presented the City with a cost deduction of $34,240 while still meeting the project requirements. As such the City Attorney's Office recommends awarding the project with the condition that the change in scope and cost be ratified at the same time as the award of bid. In order to award the bid, a Budget Change is needed (see discussion below). Based on the number of attendees at the mandatory pre-bid meeting Staff had expected four to five bidders on the project. Subsequent to the bid opening, Staff has investigated the factors that limited the number of bids submitted and to understand reasons for costs exceeding the Engineers Estimate. In terms of the quantity of bids received, the commercial theater lighting companies did not have the full licensing qualifications to bid the job or in their estimation, the project was too small. In regards to higher costs, upon review of the bid proposal it is apparent that the bid from Sousa Electric included assumptions of work to be performed that was not required. In addition the contractor included premium overtime to meet the grand opening deadline of July 1, 2011. The bid only stated that the contractor had to make sure their work did not impede the opening. At this time the City Council can elect to proceed with one of the following options related to the bid for the Theater Lighting Project: Reject all bids, revise plans and re-bid. Advantaqe a) Although not guaranteed, the bid price might be lower. Disadvantaqe a) Timing for construction is delayed a minimum of finro months. b) Costs for re-bidding. 2. Conditionally award the project subject to Sousa Electric immediately executing a deductive Change Order to reduce costs. Advantaqe a) Project starts on time with agreed upon costs and scope. b) Elimination of potential disputes related to project compensation. Disadvantaae a) Sousa Electric would have the opportunity to reject the amended contract, which would result in the project having to be re-bid or completed through other means. Page 2 of 3 Staff is recommending that the City Council proceed with Option 2 above. The following summarizes the proposed Contract costs to be awarded to Sousa Electric: Base Bid Awarded $85,000 Approval of Deductive Change Order 34 240 Revised Contract Price $50,760 10% Contingency 5 760 Net Adjusted Contract With Contingency $56,520 Dublin Heritaqe Park and Museums Buduet Chanqe In order to award the bid for the Theater Light Project and to reconcile the final project costs for the overall Dublin Heritage Park and Museums Project, a Budget Change in the amount of $64,520 is needed. The Budget Change is a result of the following: 1) increased personnel costs ($45,175) due to the project timeline extending one year beyond the original completion date; 2) additional contract services costs ($10,305) related to construction administration and construction inspection, again due to the project timeline extending one year beyond the original completion date; and 3) increased costs ($9,040) related to the Theater Lighting Project. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The project bid was noticed in the Valley Times and Contra Costa Times. ATTACHMENTS: 1. Resolution awarding Contract No. 10-09, Dublin Historic Park Theater Lighting Project to Sousa Electric 2. Deductive Change Order in the amount of $34,240. 3. Budget Change Page 3 of 3 ~ G RESOLUTION NO. -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *~********* AWARDING CONTRACT NO. 10-09 DUBLIN HISTORIC PARK THEATER LIGHTING PROJECT TO SOUSA ELECTRIC. WHEREAS, the City of Dublin did, On May 5, 2011 publicly open, examined and declare all sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 10-09, which Plans and Specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, the City received one bid from Sousa Electric in the amount of $85,000; and said bid was reviewed to determine the low bid was responsive to the requirements of the bid documents; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby conditionally award Contract No. 10-09 to the lowest responsible bidder therefor, to wit, Sousa Electric, at a base bid of eighty-five thousand dollars ($85,000) conditioned upon the lowest responsible bidder approving and executing a Deductive Change Order in the amount of thirty-four thousand, finro-hundred and forty dollars ($34,240) the particulars of which bid are on file in the office of the City Engineer. PASSED, APPROVED AND ADOPTED this 7th day of :1une, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ~, / 7 ~ ~7- ~~ ATTACHMENT 1 ~ G`~y OP Dpe~h ~ 1\\~~~;` CITY OF DUBLIN ~. 100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 +(925) 833-6630 +(925) 829-9248 FAX ~j ~~G/FpRNS CONTRACT CHANGE ORDER NO. O1 CIP # 10-09 PAGE 1 OF 1 PROJECT: Dublin Historic Park Theater Lighting Project AGREEMENT DATED June 6, 2011 11825 Dublin Blvd, Dublin CA between Sousa Electric, Corp. and the City of Dublin TO: , Sousa Electric, Corp. 338 Preston Ct, Livermore, CA 94551 You aze hereby directed to make the herein described changes from the scope of services or do the following described work not included in the scope of services of this contract. The description of work to be done, estimate of quantities, and prices to be paid are complete, accurate and segregate between additional work at contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used~and no allowance will be made for idle time. ' NOTE: This change order is not effective until approved by the City Manager Chan~e requested by: The City of Dublin The last percenta~e shown is the net accumulated increase or decrease from the oripinal fee in the Agreement. 1. Value Engineering - Deductive Change Order for AV and Lighting Equipment and scope reductions Extension of time: 0 Work Days COST INCREASE: $34,240 SUBMITTED BY: APPROVAL RECOMMENDED BY APPROVED BY Herma Lichtenstein Date Gary Husingh Date Joni Pattillo Date Parks & Facilities Develop. Manager Public Works Director City Manager We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted, Date: By: Contractor: Sousa Electric, Corp. Owner: Jeff Sousa I, the undersigned contractor declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached request for change order and know its contents, and said request for change arder is made in good faith; that it is supported by truthful and accurate data; that the amount requested and the additional time requested accurately reflects the allowable expenses that would be incurred, and the time necessary, to perform the change order; and further, that I am familiar with California Penal Code section 72 and California Government Code section 12650, et seq., pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment, or other severe legal consequences. If the Contractar does not sign acceptance of this order, his/her attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified ATTACHMENT 2 CITY OF DUBLIN EXHIBIT "A" CHANGE ORDER FORM DATE: 6/7/2011 PROJECT NAME: Dublin Historic Park Theater Lighting Project CIP #: 950005 CONTRACT NO. 10-09 CHANGE ORDER NO. 1 PERCENT COMPLETE: 0% CONTRACTOR: Sousa Electric Corp CONTRACT AMOUNT: $85,000 C.O. AS % OF CONTRACT: -40% ADJUSTED CONTRACT AMOUNT: $50,760 Original Contract Work Days 30 Added Contract Work Days 0 ADJUSTED CONTRACT WORK DAYS: 30 CONTRACT CHANGE ORDERS: AMOUNT CHANGE ORDER #01 Value Engineering - Deduct for AV and Lighting Equipment and scope reductions ($34,240.00) CHANGE ORDER #02 • CHANGE ORDER #03 CHANGE ORDER #04 _ CHANGE ORDER #05 CHANGE ORDER #06 CHANGE ORDER #07 CHANGE ORDER #08 CHANGE ORDER #09 CHANGE ORDER #10 TOTAL OF ALL CHANGE ORDERS: $ (34,240) PROGRESS PAYMENTS MADE: PAYMENT #01 PAYMENT #02 PAYMENT #03 PAYMENT #04 PAYMENT #05 PAYMENT #06 PAYMENT #07 PAYMENT #08 PAYMENT #09 PAYMENT #10 PAYMENT #11 PAYMENT #12 PAYMENT #13 PAYMENT #14 PAYMENT #15 PAYMENT #16 PAYMENT #17 PAYMENT #18 PAYMENT #19 PAYMENT #20 TOTAL ACTUAL PAYMENTS: p ADJUSTED TOTAL CONTRACT: ~ 50,760 REMAINING BALANCE ON CONTRACT: 50,760 ~ CITY OF DUBLIN EXHIBIT "A" CHANGE ORDER FORM DATE: PROJECT NAME: CIP #: CONTRACT NO. . CHANGE ORDER NO. PERCENT COMPLETE: CONTRACTOR: CONTRACT AMOUNT: C.O. AS % OF CONTRACT: 6/7/2011 Dublin Historic Park Theater Lighting Project 950005 10-09 1 0% Sousa Electric Corp $85,000 -40% Upon execution by representatives authorized to bind the paRies, this Change Order will become a part of the contract. The consideration specified in this Change Order (whether an adjustment of the contract price, an adjustment of time, and/or other consideration) is the full and sole compensation owed to the contractor as a result of the changes and issues described in this Change Order. Such consideration includes, but is not limited to, any and all direct and indirect costs incurred by the contractor as a result of the changes and issues described in this Change Order for any labor, equipment, materials, overhead (additional, extended, field and home office), profit, or time adjustments. By signing this Change Order the contractor waives and releases the owner from any and all claims for additional compensation concerning any of the changes and issues specified in this Chanqe Order. The undersigned, being the (Title) of the Contractor, by signing this Change Order declares under penalty of perjury under the laws of the State of California, and does personally certify and attest that: the undersigned has thoroughly reviewed the attached request for change order and knows its contents, and said request for change order is made in good faith; that it is supported by truthful and accurate data; that the amount requested and the additional time requested accurately reflect the allowable expenses that would be incurred, and the time necessary, to perform the change order; and further, that the undersigned is familiar with California Penal Code Section 72 and California Government Code Section 12650 et seq., pertaining to false claims, and further knows and understands that the submission or certification of a false claim mav lead to fines, imqrisonment, or other severe lepal conseauences. SIGNATURE: Supervising Dept. Head City Manager Mayor . RECOMMENDATION: APPROVED APPROVED APPROVED DENIED DENIED DENIED Plew Appropriations (City Council Approval Required): X From Unappropriated Reserves (Fund 1001) From New Revenues* ~~ ~ - From Budgeted Contingent Reserve (1001.1901-81101) Within Same Department Activity Between Department5 (City Council Approval Reqd) Other ~~.~. ;~,~~DECREASE ~BU~GE~i' I~~G~COt1iVT ~;:.~. AI~UUNT _ :, ~ .. . . " ~ ~~~;~~INCR~ASEFBIIDGET GGOUNT~~#~., `~ ~~ ~ w~~;AMOU~T~ ,~~ ~ ~ . Name: EXPENDITURE: General J Fund - Salaries/Benefits - Heritage Park & Museums Project # 950001.9100.9101.1001 GL Account #: 3500.9501.51101 $45,175 Name: EXPENDITURE: General Fund - Construction Admin - Heritage Park & Museums Project # 950001.9200.9204.1001 $10,305 GL Account #: 3500.9501.64091 Name: EXPENDITURE: General Fund - Machinery/Equip - Heritage Park & Museums Project # 950001.9600.9603.1001 $9,040 GL Account #: 3500.9501.73102 Transfer Out: Additional General Fund #1001.1901.89101 $64,520 Transfer In: Parks CIP: #3500.9501.49999 $64,520 ASD/Fin Mgr Signature Date 6 ~ ~ ~p ~ REASON FOR BUDGET CHANGE ENTRY: At the meeting on June 7, 2011 the City Council awarded an agreement for Theater Lighting. Based on total project costs through close-out additional appropriations are needed for the project. The additional costs are due to the extended length of the project and the cost for the Theater Lighting. ~ City Manager: CITIf OF DIJ~L,~IV FY 2010 - 2011 BUDGET CHAIVGE FORM . CHANGE FORM # ~ Signature As approved at the City Council Meeting on Mayor: Posted By: Signature c-~. _ : Signature G:~Budget Changes\3_2010_11~36_6-7-11_Heritage Park addtril approp.doc Budget Transfers: Date ~/^ `~ll y Date 6/7/20•1.1• ~• Date Date • ' ~ ATT~-C Fi M E~IT 3