HomeMy WebLinkAbout4.4 Change Order for Public Safety Complex Project
STAFF REPORT CITY CLERK
File # 600-35
CITY COUNCIL
DATE:September 17, 2013
TO:
Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo, City Manager
SUBJECT:
Approval of Change Order for Public Safety Complex Project
Prepared by Herma Lichtenstein, Parks and Facilities Development Manager
EXECUTIVE SUMMARY:
Staff is seeking City Council authorization for Change Order #5 to the City of Dublin / Alameda
County Fire Projects, Contract #12-13 / 12-14. This Change Order will provide for additional
structural upgrades to the Public Safety Complex at 6363 Clark Ave.
FINANCIAL IMPACT:
The 2012-2017 Capital Improvement Program (CIP) includes the Public Safety Complex
(Project number 930016) and the Maintenance Yard Improvements (Project number 930010)
which includes a total combined anticipated project expenditure for Fiscal Years 12/13 and
13/14 of $14,466,057 as reported to the City Council in the Fiscal Year 13/14 CIP budget
update. The following is the cost for improvements:
Low Bid $10,276,375
10% Contingency $1,027,638
Total Construction Cost $11,304,012
Total Current Change Orders #1-4 $58,896
Proposed Structural Change Order #5 $100,000
Total (15% of contingency) $158,896
RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to approve Change Order
#5 at an amount not to exceed $100,000 for miscellaneous structural upgrades, and authorize
the City Manager to approve future change orders for Contract #12-13 / #12-14 of up to $50,000
each not to exceed the contingency established for the project.
ITEM NO. 4.4
Page 1 of 2
Submitted By Reviewed By Reviewed By
Parks and Community Administrative Assistant City Manager
Services Director Services Director
DESCRIPTION:
th
On June 18, 2013 the City Council authorized Staff to bid the City of Dublin Alameda County
Fire Joint Use Projects, Contract #12-13 / 12-14. The proposed improvements include:
City of Dublin Maintenance Facility - Construction of a new metal-clad building with office and
training space, workshops and storage areas to consolidate City files now stored in leased
space.
Alameda County Fire Maintenance Facility – Repurpose existing metal building and site for use
as a Fire apparatus maintenance facility.
Public Safety Complex - Construction of fourteen thousand square feet of office space for
Alameda County Fire Administrative Services at Clark Avenue.
During the course of construction, several unforeseen conditions have become apparent
primarily in areas that were inaccessible, underground or not correctly identified on available as-
built information. Because of the extensive re-use of the Clark Avenue building, additional
structural upgrades will be required to meet the essential facilities design parameters to serve
as a future emergency operations center and police services facility. The necessary
improvements include additional welding, replacement of roof decking, and structural shoring.
Staff is requesting the not to exceed change order amount ($100,000) as some of the work will
need to be evaluated on a case by case basis by the special inspector and done on a time and
materials basis.
The cost of the proposed change order is within the project budget contingency, however the
amount of the change order is in excess of the City Manager’s authority for approval of $25,000.
This project is on a fast track with a firm deadline to provide the spaces for Alameda County
Fire. If a change order has to go to City Council for approval, it could delay the project
anywhere from two to four weeks. Therefore, Staff recommends the City Council authorize the
City Manager to approve Change Order #5 for an amount not to exceed $100,000. Additionally
it is recommended the City Council authorize the City Manager to approve any future change
orders for the Contract of up to $50,000 each, of which the cumulative total of the change orders
cannot exceed the contingency established for the project.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was sent to Midstate Construction.
ATTACHMENTS:
1. Change Order No. 5
Page 2 of 2
CITY OF DUBLIN x 100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 4 (925) 833-6630 -& (925) 829-9248 PAX
CONTRACT CHANGE ORDER NO. 05
PACE 1 OF 1
PROJECT-. Public Safety Complex (9930016) AGRFEMENT DATED September 6, 2013
TO: Midstate Construction Between Midstate Construction
and the City of Dublin
You are 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
Cbaiwe renuested bv: The Citv of Dublin
The last percentage shown is the net accumulated increase or decrease from the original fee in the Agreement.
1. Miscellaneous Structural Upgrades due to unforeseen conditions — includes welding, roof deck replacement and
shoring.
Extension of time: Work Days COST INCREASE: $100,000
SU ED BY:
,
ZMITT�4wL
na Lichtenstein Date
Parks & Facilities Develop. Manager
APPROVAL RECOMMENDED BY APPROVED BY
Gary Huisingh Date Joni Pattillo Date
Public Works Director City Manager
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal i
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.
0
Contractor: Midstate Construction
Principal:
1, the undersigned contracirr 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 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 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 clahns, and further know and understand that submission or certification of a
false claim may lead to fines, imprisom-nent, or other severe legal consequences. If the Contractor 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
CITY OF DUBLIN
EXHIBIT "A" CHANGE ORDER FORM
DATE:
9/3/2013
PROJECT NAME:
Public Safety Complex
CIP #:
930016
CONTRACT NO.
12-13/12-14
CHANGE ORDER NO.
5
PERCENT COMPLETE:
0%
CONTRACTOR:
Midstate Construction
CONTRACT AMOUNT:
$10,2761,375
C.O. AS % OF CONTRACT:
2%
ADJUSTED CONTRACT AMOUNT: $10,435,271
Original Contract Work Days
Added Contract Work Days
ADJUSTED CONTRACT WORK DAYS:
CONTRACT CHANGE ORDERS:
120
5
125
AMOUNT
CHANGE ORDER #01
SWPPP monitoring
$19,838.00
CHANGE ORDER #02
Hazmat Panel abatement
$8,743.00
CHANGE ORDER #03
Lead Paint Abatement
$5,487.00
CHANGE ORDER #04
Sewer Line replacement
$24,828.00
CHANGE ORDER #05
Misc. Structural Up2rades
$100,000.00
CHANGE ORDER #06
PAYMENT #08
0
CHANGE ORDER #07
0
PAYMENT #10
CHANGE ORDER #08
PAYMENT #11
0
CHANGE ORDER #09
0
PAYMENT #13
CHANGE ORDER #10
TOTAL OF ALL CHANGE ORDERS: S 158.896
PROGRESS PAYMENTS MADE:
PAYMENT #01
0
PAYMENT #02
0
PAYMENT #03
0
PAYMENT #04
0
PAYMENT #05
0
PAYMENT #06
0
PAYMENT #07
0
PAYMENT #08
0
PAYMENT #09
0
PAYMENT #10
0
PAYMENT #11
0
PAYMENT #12
0
PAYMENT #13
0
PAYMENT #14
0
PAYMENT #15
0
PAYMENT #16
0
PAYMENT #17
0
PAYMENT #18
0
PAYMENT #19
0
PAYMENT #20
0
TOTAL ACTUAL PAYMENTS:
0
ADJUSTED TOTAL CONTRACT:
10,435,271
REMAINING BALANCE ON CONTRACT:
10,435,271
DATE:
PROJECT NAME:
CIP #:
CONTRACT NO.
CHANGE ORDER NO.
PERCENT COMPLETE:
CONTRACTOR:
CONTRACT AMOUNT:
C.O. AS % OF CONTRACT:
CITY OF DUBLIN
EXHIBIT "A" CHANGE ORDER FORM
9/3/2013
Public Safety Complex
930016
12-13/12-14
0%
Midstate Construction
$10,276,375
2%
Upon execution by representatives authorized to bind the parties, 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
Change Order.
The undersigned, being the
,4& " fy6`^ (Title) of the Contractor, by signing this Change Order
declares under penalty of perjury Wder the laws of th&--Wate 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 may lead to fines, imorlsonment, or other severe Wall consequences.
SIGNATURE:
Supervising Dept. Head City Manager Mayor
RECOMMENDATION:
APPROVED APPROVED APPROVED
DENIED DENIED DENIED