HomeMy WebLinkAbout4.02 Maintenance Yard Facilities Accpt Project or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #600-35
DATE: February 17, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Project Acceptance - Contract No. 12-13/12-14 Maintenance Yard Facilities
Prepared by Meghan Tiernan, Parks & Facilities Coordinator
EXECUTIVE SUMMARY:
The City Council is being asked to consider approval of a final Change Order and acceptance of
the improvements under the Contract for construction of the Maintenance Yard Facilities at 5777
Scarlett Court. The project has been completed and the City has had beneficial occupancy of
the buildings since July 15, 2014, for Alameda County Fire's Maintenance building and
August 28, 2014, for the City of Dublin Corporation Yard building.
FINANCIAL IMPACT:
Contract 12-13 / 12-14 was awarded to Midstate Construction for $10,276,375 to construct both
the Public Safety Complex and the Maintenance Yard Facilities. With the approval of the final
Change Order the construction costs will be over-budget by $34,142 as follows.
Total Construction Budget $11,353,164
Midstate Contract $10,276,375
Total Change Orders $1,109,931
Total Construction Cost $11,387,306
Difference ($34,142)
There is sufficient savings in the total project budget to cover the construction shortfall without
allocating any additional funds to the project.
RECOMMENDATION:
Staff recommends the City Council authorize the City Manager to approve final Change Order
Number 111; adopt the Resolution Accepting the Improvements Under Contract No. 12-13/12-
14 Maintenance Yard Facility Improvements; and authorize Staff to accept a maintenance bond
in the amount of$1,027,638.
Submitted y \ Reviewed By
Parks and Community S rvices Director Assistant City Manager
Page 1 of 2 ITEM NO. 4.2
DESCRIPTION:
On June 18, 2013 the City Council awarded Contract No. 12-13/12-14 to Midstate Construction
for the construction of two Capital Improvement Projects, including the Maintenance Yard
Facilities at 5777 Scarlett Court and the Public Safety Complex at 6363 Clark Avenue. The City
Council formally accepted the improvements for the Public Safety Complex on February 18,
2014.
The City received beneficial occupancy of the Alameda County Fire Maintenance building on
July 15, 2014, and the City's Maintenance Yard building on August 28, 2014. Midstate has
reached completion of the Maintenance Yard Facility Project and Staff has conducted its final
inspection.
On September 17, 2013, the City Council authorized the City Manager to approve Change
Orders for the entire construction contingency of $1,027,637, with the exception of Change
Orders that exceeded $50,000. In order to close out the contract the City Council will need to
approve a final Change Order in the amount of $67,910. This Change Order includes site work
due to additional hardware not in base contract, unforeseen site conditions and resulting delays.
The City presently holds a performance bond in the amount of $10,276,375 to provide the
necessary security for the performance of the work involved on both projects. Following City
Council acceptance of the improvements, the performance security requirement can be
reduced, in accordance with authority contained in Section 66499.7 of the Government Code, to
an amount necessary to guarantee warranty of the work for a one-year period following
acceptance of the work. The Contractor will provide a new maintenance bond in the amount of
$1,027,637 which is 10% of the contract amount, and is sufficient to cover the one-year
warranty period.
Upon City Council acceptance of the project, Staff will file a notice of completion with the
Alameda County Clerk. The City will release the 10% retention thirty-five (35) days subsequent
to recording the notice of completion with Alameda County so long as all claims on the project
have been released.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Notice of Completion will be filed with Alameda County following City Council acceptance of
the improvements. A copy of the staff report was sent to Midstate Construction.
ATTACHMENTS: 1. Resolution Accepting the Improvements Under Contract Nos. 12-13 /
12-14
2. Change Order No. 111
Page 2 of 2
RESOLUTION NO. XX - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
ACCEPTING IMPROVEMENTS UNDER CONTRACT 12-13/12-14 PUBLIC SAFETY
COMPLEX
WHEREAS, Midstate Construction entered into a contract with the City of Dublin to
construct the Public Safety Complex Project (Contract #12-13/12-14) incorporating the
Maintenance Yard Facilities Project (CIP G10509) and the Public Safety Complex Project (CIP
G10712) in accordance with the plans and specifications on file with the City Engineer; and
WHEREAS, on February 18, 2013 the City Council formally accepted the improvements for
the Public Safety Complex portion of the contract work; and
WHEREAS, said improvements for the Maintenance Yard Facilities Project portion of the
work have been completed in accordance with the plans and specifications, and any approved
modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and
WHEREAS, in July 2014 Alameda County Fire had beneficial occupancy of the Fire
Maintenance Facility, and in August 2014 the City had beneficial occupancy of the Corporation
Yard; and
WHEREAS, as a condition of said contract, Midstate Construction is required to warranty
the improvements for a period of one year following acceptance of the work by the City of Dublin;
and
WHEREAS, the original performance bond security requirement can be reduced, in
accordance with the authority contained in Section 66499.7 of the Government Code of the State
of California, to an amount found necessary to guarantee maintenance of the completed work for
aforesaid one-year period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does herby:
1. Accept the improvements, subject to the aforesaid one-year warranty, and authorize
Staff to file a Notice of Completion with Alameda County; and
2. Authorize Staff, if after 35-days of filing the Notice of Completion there are no
subcontractor claims, to release the retention and reduce the aforesaid performance bond
security requirement upon acceptance by Staff of the replacement maintenance bond in the
amount of$648,984 as security for the aforesaid one-year maintenance period; and
3. Authorize Staff to release the original performance bond posted in connection with the
portion of the work involved in the construction of said Facility upon acceptance of the
warranty.
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED this 17th day of February, 2015, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT 1
19f _ 8 CITY OF DUBLIN 4 100 CIVIC PLAZA,DUBLIN,CALIFORNIA 94568 4 (925)833-6630 4 (925)829-9248 FAX
CONTRACT CHANGE ORDER NO. 111
PAGE 1 OF 1
PROJECT: Maintenance Yard—ALCO (#930010) AGREEMENT DATED 1-20-2015
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
Change requested by: The City of Dublin
The last percentage shown is the net accumulated increase or decrease from the original fee in the Agreement.
1. Miscellaneous site work due to unforeseen conditions, additional hardware not in base contract, and delay settlement.
Extension of time: 0 Work Days COST INCREASE: $67,910
SUBMITTED BY: APPROVAL RECOMMENDED BY APPROVED BY
Meghan Tiernan Date Paul McCreary Date Chris Foss Date
Parks &Facilities Dev.Coordinator Parks &Community Services 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: Contractor: MidState Construction
By: Principal:
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 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 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 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: 2/3/2015
PROJECT NAME: Public Safety Complex
CIP#: 930016
CONTRACT NO. 12-13/12-14
CHANGE ORDER NO. 111
PERCENT COMPLETE: 100%
CONTRACTOR: Midstate Construction
CONTRACT AMOUNT: $10,276,375
C.O.AS%OF CONTRACT: 1%
ADJUSTED CONTRACT AMOUNT: $11,385,988
Original Contract Work Days 260
Added Contract Work Days 0
ADJUSTED CONTRACT WORK DAYS: 260
CONTRACT CHANGE ORDERS: AMOUNT
CHANGE ORDER#98 Cost to add slurry seal to existing parking lot $9,319.00
CHANGE ORDER#99 Cost to expedite shipping for exhaust fans $664.00
CHANGE ORDER#100 Cost to add truncated domes per OPR 014 $11,557.00
CHANGE ORDER#101 Cost to add trash receptacles per ASI 002 $1,605.00
CHANGE ORDER#102 Cost to revise site electrical work at Zone 7 water line $4,567.00
CHANGE ORDER#103 Cost to revise exterior building lighting $1,314.00
CHANGE ORDER#104 Cost for additional Zone 7 revisions to parking lot layout $1,226.00
CHANGE ORDER#106 Cost for additional galvanized railings $2,197.00
CHANGE ORDER#107 Cost for extended general conditions $20,000.00
CHANGE ORDER#108 Cost to remove concrete from old highway $7,461.00
CHANGE ORDER#109 Cost to revise the bioswale area $8,000.00
TOTAL OF ALL CHANGE ORDERS: $ 67,910
PROGRESS PAYMENTS MADE:
Pay app#1 $0.00
Pay app#2 $0.00
Pay app#3 $0.00
Pay app#4 $0.00
Pay app#5 $0.00
Pay app#6 $0.00
Pay app#7 $0.00
Pay app#8 $0.00
Pay app#9 $0.00
Pay app#10 $0.00
Pay app#11 $0.00
Pay app#12 $0.00
Pay app#13 $0.00
Pay app#14 $0.00
Pay app#15 $0.00
Pay app#16 $0.00
TOTAL ACTUAL PAYMENTS: 0
ADJUSTED TOTAL CONTRACT: 10,275,375
REMAINING BALANCE ON CONTRACT: 0
CITY OF DUBLIN
EXHIBIT"A"CHANGE ORDER FORM
DATE: 2/3/2015
PROJECT NAME: Public Safety Complex
CIP#: 930016
CONTRACT NO. 12-13/12-14
CHANGE ORDER NO. 111
PERCENT COMPLETE: 100%
CONTRACTOR: Midstate Construction
CONTRACT AMOUNT: $10,276,375
C.O.AS%OF CONTRACT: 1%
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 (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
may lead to fines,imprisonment,or other severe legal consequences.
SIGNATURE:
Supervising Dept. Head City Manager Mayor
RECOMMENDATION:
APPROVED APPROVED APPROVED
DENIED DENIED DENIED