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HomeMy WebLinkAbout4.03 Historic Pk COG~~~ OF DU~~~ /// ~ \1~ `~4LIFOR~~~/ STAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # ^®^C~ ®-0© DATE: December 1, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE Approval of Contract Change Orders #9 and #10 -Dublin Historic Park, Phase I, Contract No. 08-09 (Capital Improvement Project # 950001) Prepared By: Herma Lichtenstein, Parks & Facilities Development Manager EXECUTIVE SUMMARY: The City financial policies require City Council approval when contract change orders are in excess of $25,000. The City Council will consider the authorization of two change orders in excess of the City Manager's authority. These change orders can be accommodated within the authorized budget made at the time the Dublin Historic Park Project contract was awarded. FINANCIAL IMPACT: The contract awarded by the City Council December 16, 2008 for the Historic Park Project was $2,476,690: Based on the nature of the project which included relocating historic structures a 20% contingency was budgeted to provide funding for changes in the project. The Change Orders submitted for City Council approval can be funded and contingency funds will remain through the end of the project. The following summarizes the status of the Contingency budget: Bud eted Construction Contin enc 20% $ 495,338 Chan a Orders #1-8 Authorized B Staff 41,585 Chan e Order # 9 -Addition of central heatin and air conditionin 32,107 Chan e Order # 10 -Provide new electrical switch ear 87,547 Contin enc Bud et Remainin $ 334,099 RECOMMENDATION: Approve Change Orders #9 and #10 and adopt resolution authorizing the City Manager or her designee to approve subsequent Contract Change Orders for Contract No. 08-09, Dublin Historic Park, Phase I. ~r ~~ Submitted by: Parks and Community Services Director Q~ a C~ Reviewed by: Administrative Services Director Reviewed by: Assistant City Manager Page 1 of 2 ITEM NO. ~f -. 3 n~ DESCRIPTION: At its meeting of December 16, 2008, the City Council awarded to Elite Landscaping Inc. Contract No. 08-09, as part of Dublin Historic Park, Phase I (CIP #950001). During the course of the project to date, several issues have necessitated change orders to the contract. Two of these change orders are in excess of the City Manager's authorization limit ($25,000) and require City Council approval. Two Change orders are being presented to the City Council for Approval (Attachment 1). Change Order #9 ($32,107) is a request to install central heating and air conditioning that was deleted during the design as part of value engineering. The original bid documents included individual room heaters and no air conditioning. Change Order #10 ($87,547) is a request for new electrical switchgear. During the bid period the existing site switchgear was badly vandalized and could not be salvaged. As a result a new switch gear is needed to provide power to the site. The total amount of change orders including those described in this report is $161,239, which is seven percent of the original project award. The City policies state that the City Manager is authorized to approve change orders up to five percent of the contract amount and additional changes require City Council approval. Staff anticipates remaining change orders, currently under negotiation. In order to expedite the remaining change orders, Staff is requesting that the City Council authorize the City Manager or her designee to approve Contract Change Orders provided that cumulatively they do not exceed the remaining budgeted construction contingency of $334,099. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Copy To: Elite Landscaping, Inc. ATTACHMENTS: 1. Change Order #9 and #10 2. Resolution authorizing the City Manager or her designee to approve subsequent Contract Change Orders for Contract No. 08-09, Dublin Historic Park, Phase I Page 2 of 2 ,~ oe ~`~~~ CITY OF DUBLIN + 100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 + (925) 833-6630 + (92~ 829-9248 FAX CONTRACT CHANGE ORDER NO. 09 PROJECT: Dublin Historic Park, 11825 Dublin Blvd. .PAGE 1 OF 1 TO: Elite Landscaping Inc I~~,. AGREEMENT DATED December 16, 2008 between Elite Landscaping Inc. 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 on 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 bv: The City of Dublin The last percentage shown is the net accumulated increase or decrease from the original fee in the Agreement. Install central heating and air conditioning in Main House. Extension of time:. 0 Work Days COST INCREASE: $32,107 S MITTED Y: /~~l~1•D j erma Lichtenstein Date Parks & Facilities Develop. Manager APPROVAL RECOMMENDED BY APPROVED BY Melissa Morton 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 is approved, that we will provide all equipment, fiunish 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: Elite Landscaping Inc. By: Project Manager: 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 Hem ~ . ~ r~ / ~ l oq Attachment 1 CITY OF DUBLIN EXHIBIT "A" CHANGE ORDER FORM 2v~ ~ DATE: 11!00/2009 PROJECT NAME: Dublin Historic Park, Dublin, Alameda Co, CA CIP #: 95557 CONTRACT NO. 08-09 CHANGE ORDER NO. 5 PERCENT COMPLETE: 44% CONTRACTOR: Elite Landscaping, Inc. CONTRACT AMOUNT: $2,476,690 , C.O. AS % OF CONTRACT: 3% ADJUSTED CONTRACT AMOUNT: 52,550,382 Original Contract.Work Days Added Contract Work Days ADJUSTED CONTRACT WORK DAYS: CONTRACT CHANGE ORDERS: 250 5 255 AMOUNT CHANGE ORDER #01 Remove & replace broken sewer lines SZ3,Z48.00 CHANGE ORDER #02 Remove & replace 36 LF 15" storm drain PVC pipe 8 25 SF conc. sidewalk $9,046.00 CHANGE ORDER #03 Delete sandblasting and etching of wncrete sidewalk ($4,192.00) CHANGE ORDER #04 Substitute electrical subcontractor $0.00 CHANGE ORDER #05 Enlarge Hay Bam foundation $6,182.00 CHANGE ORDER #06 Demolish and remove Main House closet cabinets $1,568.00 CHANGE ORDER #07 Install structural header above Main House pocket door $4,430.00 CHANGE ORDER #08 Install four can lights in lieu of flourescent light in MH office $1,303.00 CHANGE ORDER #09 Install central heating and air conditioning in Main House $32,107.00 CHANGE ORDER #10 73,692 PROGRESS PAYMENTS MADE: PAYMENT #01 $94,599.00 PAYMENT #02 $119492.82 PAYMENT #03 $243,845.32 PAYMENT #04 $255,356.78 PAYMENT #OS $78,026.07 PAYMENT #06 $63,786.86 PAYMENT #07 $72,000.00 PAYMENT #08 $67,019.40 PAYMENT #09 $62,626.23 PAYMENT #10 $40,724.41 PAYMENT #11 PAYMENT#12 PAYMENT#13 PAYMENT #14 PAYMENT#15 PAYMENT#16 PAYMENT #17 PAYMENT#18 PAYMENT#19 PAYMENT#20 TOTAL ACTUAL PAYMENTS: 51,097,477 ADJUSTED TOTAL CONTRACT: 52,550,382 REMAINING BALANCE ON CONTRACT: 51,452,905 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: 11/00/2009 Dublin Historic Park, Dublin, Alameda Co, CA 95557 08-09 5 44% Elite Landscaping, Inc. $2,476,690 3% 3a~~ Upon execution by representatives authorized to bind the parties, this Change Order will become a part of the contract. The consideration specked in this Change Order (whether an adjustment of the contrail price, an adjustment of time, and/or other conside2tion) 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, overfiead (additional, extended, field and home office), profit, ortime adjustments. By signing this Change Omer the contrailorwaives and releases~the ownerfrom any and all claims for additional compensation concerning any of the changes and issues specified iri this Change Order. The undersigned, being the (Tttle) of the Contractor, by signing this Change Order declares under penalty of perjury under the laws of the State of Califomia, 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 reFleil the allowable expenses that would be incuned, and the time necessary, to perform the change order, and further, that the undersigned is familiar with Califomia Penai Code Section 72 and Califomia 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, orothersevere legal consequences. SIGNATURE: Suing ept. H a City Manager Mayor RECOMMENDATION: APPROVED / APPROVED APPROVED DENIED DENIED DENIED ~`\~~~1 CITY OF DUBLIN •~ 100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 + (925) 833-6630 4 (925) 829-9248 FAX i CONTRACT CHANGE ORDER NO. 10 PROJECT: Dublin Historic Park, 11825 Dublin Blvd. PAGE 1 OF 1 TO: Elite Landscaping Inc AGREEMENT DATED December 16, 2008 between Elite Landscaping Inc. 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 on 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 bv: -The Citv of Dublin The last gercenta~e shown is the net accumulated increase or decrease from the original fee in the Agreement. Install new site electrical switch gear. Extension of time: 0 Work Days COST INCREASE: $87,547 SUB TED BY: ~~/ e Lichtenstein Date arks & Facilities Develop. Manager APPROVAL RECOMMENDED BY APPROVED BY Melissa Morton 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 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: Elite Landscaping Inc. By: Project Manager: 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: 11/00/2009 PROJECT NAME: Dublin Historic Park, Dublin, Alameda Co, CA CIP #: 95557 CONTRACT NO. 08-09 CHANGE ORDER NO. 10 PERCENT COMPLETE: 44°h CONTRACTOR: Elite Landscaping, Inc. CONTRACT AMOUNT: $2,476,690 C.O. AS % OF CONTRACT: 7°~ ADJUSTED CONTRACT AMOUNT: 52,637,929 Original ContraM Work Days 250 Added Contract Work Days 5 ADJUSTED CONTRACT WORK DAYS: 255 CONTRACT CHANGE ORDERS: AMOUNT CHANGE ORDER #01 Remove & replace broken sewer lines $23,248.00 CHANGE ORDER #02 Remove & replace 36 LF 15" storm drain PVC pipe & 25 SF conc. sidewalk $9,046.00 CHANGE ORDER #03 Delete sandblasting and etching of concrete sidewalk ($4,192.00) CHANGE ORDER #04 Substitute electrical subcontractor $0.00 CHANGE ORDER #OS Enlarge Hay Bam foundation $6,182.00 CHANGE ORDER #O6 Demolish and remove Main House doset cabinets $1,568.00 CHANGE ORDER #07 Install structural header above Main House pocket door $4,430.00 CHANGE ORDER #08 Install four can lights in lieu of flourescent light in MH office $1,303.00 CHANGE ORDER #09 Install central heating and air in Main Houue $32,107.00 CHANGE ORDER #10 Install new switchgear $87,547.00 TOTAL OF ALL CHANGE ORDERS: $ 161,239 PROGRESS PAYMENTS MADE: PAYMENT #01 $94,599.00 PAYMENT #02 $119,492.82 PAYMENT #03 $243,845.32 PAYMENT #04 $255,356.78 PAYMENT #05 $78,026.07 PAYMENT #06 $63,786.86 PAYMENT #07 $72,000.00 PAYMENT #08 $67,019.40 PAYMENT #09 $62,626.23 PAYMENT #10 $40,724.41 PAYMENT #11 PAYMENT #12 PAYMENT #13 PAYMENT #14 PAYMENT #15 PAYMENT #16 PAYMENT #17 PAYMENT #18 PAYMENT #19 PAYMENT #20 TOTAL ACTUAL PAYMENTS: S1,097,477 ADJUSTED TOTAL CONTRACT: 52,637,929 REMAINING BALANCE ON CONTRACT: 51,540,452 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: 11/00/2009 Dublin Historic Park, Dublin, Alameda Co, CA 95557 08-09 10 44% Elite Landscaping, Inc. $2,476,690 7°h Upon execution by representatives authorized to bind the parties, this Change Orderwill become a part of the contract The consideration specified in this Change Orcler (whether an adjustment of the conirect price, an adjustment of time, andlor 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 cohsideretion inductee, 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, ortime adjustments. BY signing this Change Order the contradorwaives and releases the ownerfrom any and all daims for additional compensation concerning any of the changes and issues spedfied 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 Califomia, 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 Califomia Penal Code Section 72 and Califomia Government Code Section 12650 et seq., pertaining to false claims, and further knows and understands that the submission or cert~gtion of a false claim may lead to fines, imprisonment, or other severe legal consequences. SIGNATURE: ~~~ SuperyiFigg Dept. Hea City Manager Mayor RECOMMENDATION: APPROVED / APPROVED APPROVED DENIED DENIED DENIED RESOLUTION NO. XX - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** AUTHORIZE THE CITY MANAGER OR HER DESIGNEE TO APPROVE SUBSEQUENT CONTRACT CHANGE ORDERS FOR CONTRACT NO. 08-09, DUBLIN HISTORIC PARK, PHASE I (PROJECT # 950001) WHEREAS, the City of Dublin did, on February 8, 1988, adopt Resolution Number 18-88, establishing a policy related to Contract Change Orders for Capital Improvement Projects; and WHEREAS, for projects which cost exceeds $500,000, the City Manager orhis/her designee is authorized to approve Contract Change Orders up to a limit of $25,000 each, or a cumulative increase of 5% of the contract cost, and the City Council will review and have the right of approval for Contract Change Orders exceeding the City Manager's authorized limit; and WHEREAS, the City Council authorized a budget of $495,338 for contract change orders and the total cumulative amount of approved Contract Change Orders (including Contract Change Orders No. 6 and 7,) for the Dublin Historic Park, Phase I is $161,239, which is 7% of the awarded contract cost of $2,476,690; and WHEREAS, under the current policy remaining Contract Change Orders still under negotiation will require City Council approval, as the cumulative total of Contract Change Orders exceeds the City Manager's authorized limit of 5% of the contract; and WHEREAS, in order to facilitate the approval of Contract Change Orders and to avoid construction delay, it is proposed that the City Council authorize the City Manager or her designee to approve subsequent Contract Change Orders that~do not exceed the remaining appropriated contingency funds of $334,099. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or her designee to approve the subsequent Contract Change Orders, provided the cumulative contract change orders approved for this agreement do not exceed $495,338. PASSED, APPROVED AND ADOPTED this 1st day of December, 2009, by the following vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ATTACHMENT 2