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Home My WebLink About4.7 Civic Ctr Modifications CO STAFF REPORT CITY CLERK File #600-35 CITY COUNCIL DATE:January 15, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Civic Center Modifications Change Order Request Prepared by Herma Lichtenstein, Parks & Facilities Development Manager EXECUTIVE SUMMARY: Staff is seeking City Council authorization for Change Order #3 to the Civic Center Modifications Project, Contract No. 12-12, which will expand the number of areas being re-carpeted as part of this improvement project. FINANCIAL IMPACT: The total appropriations in Fiscal Year 2012-2013 for the Civic Center Modifications Project (CIP #930006), including the project carry-over, is $1,042,410 of which $464,334 is allocated for building improvements. When the contract was awarded by the City Council, the City Manager was authorized to approve change orders up to a cumulative of 20% without additional City Council approval as long as no individual change order exceeded $25,000. Change Orders #1 and #2 were approved by the City Manager per the City Council’s authorization. Change Order #3 is $57,772 and will exceed the contingency amount; however, there are sufficient funds in the improvement budget to approve Change Order #3. Total Appropriations for Improvements $464,334 Construction Bid $272,898 Change Order #1 Mail Room Modifications $17,500 Change Order #2 Police Lobby Tile $13,570 Change Order #3 Carpet Revisions $57,772 Subtotal Change Orders #1 - #3 $88,842 Total Current Project Costs $361,740 Remaining Funding for Improvements $102,594 RECOMMENDATION: Staff recommends the City Council approve Change Order #3 and authorize the City Manager to approve change orders up to a cumulative of $102,594 which are the remaining funds appropriated for improvements, so long as long as no individual change order exceeds $25,000. ITEM NO. 4.7 Page 1 of 2 Submitted By Reviewed By Director of Parks and Assistant City Manager Community Services DESCRIPTION: The 2012-2017 Capital Improvement Program (CIP) includes the Civic Center Modification Design and Construction project (Project No. 930006). The work to be undertaken with this project includes Americans with Disabilities Act (ADA) upgrades to the public counters in City Hall and at Police Services, as well as renovation to public meeting / conference rooms and audio visual upgrades. On October 16, 2012, the City Council awarded the Civic Center Modification project to Agbayani Corporation at a low bid of $272,898. At that time, Staff recommended a contingency of 20% to allow for unforeseen conditions that may result in the remodel process. The full cost of the bid, including the 20% contingency, was $327,478. The City Manager has already approved Change Orders #1 and #2 for additional modifications in the Mailroom, and to install tile in the Police Lobby instead of replacing the carpet. Construction was originally anticipated to be scheduled over the 2012 holidays to minimize disruptions to City operations and public use. During the course of the submittal process, it became apparent that the manufacturing lead times for the carpet were longer than anticipated due to holiday shut downs. As a precaution against customer service disruptions, Staff requested that the contractor hold off construction until a firm procurement date could be confirmed. In addition, Staff took advantage of this time to work with the contractor to identify other carpeted areas within the Civic Center that would be due for replacement in the upcoming year. The areas include both the Administrative and Police Services wings. The additional cost of materials and installation is $57,772. As the carpet procurement caused a slip in the schedule, and there are additional areas proposed for re-carpeting, Change Order #3 includes additional work days, creating a new project completion date of March 18, 2013. As with any renovation project, additional unforeseen items are likely to surface. In order to keep the project moving forward and minimize any impacts to operations and customer service, Staff is requesting the City Council authorize the City Manager to approve any future changes orders up to a cumulative of $102,594 which is the remaining funds appropriated for improvements, so long as long as no individual change order exceeds $25,000. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this Staff Report was sent to the Contractor. ATTACHMENTS: 1. Change Order #3 2. Change Order #3.A (detail) Page 2 of 2 CITY OF DUBLIN  100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 (925) 833-6630 (925) 829-9248 FAX CONTRACT CHANGE ORDER NO. 03 CIP # 12-12 PAGE 1 OF 1 PROJECT: Dublin Civic Center Modifications AGREEMENT DATED October 26, 2012 TO: Agabayani Construction, Corp. Between Agabayani Construction, Corp. 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 description of work to be done, estimate of quantities, and prices to be paid are in the scope of services of this contract. The 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. Additional Carpet installation Extension of time: 38 Work Days COST INCREASE: $57,772 SUBMITTED BY: APPROVAL RECOMMENDED BY APPROVED BY _____________________________ Herma Lichtenstein Date Gary Huisingh 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. Agabayani Construction, Corp. Accepted, Date: ___________________________ Contractor: Terry Lang By: ____________________________________ General 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: 1/3/2013 PROJECT NAME: Dublin Civic Center Modifications CIP #: 930006 CONTRACT NO. 12-12 CHANGE ORDER NO. 3 PERCENT COMPLETE: % CONTRACTOR: Agabayani Construction, Corp. $272,898 CONTRACT AMOUNT: C.O. AS % OF CONTRACT: 33%20% Authorized ADJUSTED CONTRACT AMOUNT:$361,740 Original Contract Work Days93 Added Contract Work Days0 ADJUSTED CONTRACT WORK DAYS: 93 CONTRACT CHANGE ORDERS:AMOUNT CHANGE ORDER #01Mail Room Modifications$17,500.00 CHANGE ORDER #02Police Lobby Terrazo Tile$13,570.00 CHANGE ORDER #03Carpet revisions$57,772.00 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: $ 88,842 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:0 ADJUSTED TOTAL CONTRACT:361,740 REMAINING BALANCE ON CONTRACT:361,740 CITY OF DUBLIN EXHIBIT "A" CHANGE ORDER FORM DATE: 1/3/2013 PROJECT NAME: Dublin Civic Center Modifications CIP #: 930006 CONTRACT NO. 12-12 CHANGE ORDER NO. 3 PERCENT COMPLETE: % CONTRACTOR: Agabayani Construction, Corp. $272,898 CONTRACT AMOUNT: C.O. AS % OF CONTRACT: 33%20% Authorized 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. Theundersigned,beingthe________________________________(Title)oftheContractor,bysigningthisChangeOrder declaresunderpenaltyofperjuryunderthelawsoftheStateofCalifornia,anddoespersonallycertifyandattestthat:the undersignedhasthoroughlyreviewedtheattachedrequestforchangeorderandknowsitscontents,andsaidrequestfor changeorderismadeingoodfaith;thatitissupportedbytruthfulandaccuratedata;thattheamountrequestedandthe additionaltimerequestedaccuratelyreflecttheallowableexpensesthatwouldbeincurred,andthetimenecessary,toperform thechangeorder;andfurther,thattheundersignedisfamiliarwithCaliforniaPenalCodeSection72andCaliforniaGovernment CodeSection12650etseq.,pertainingtofalseclaims,andfurtherknowsandunderstandsthatthesubmissionorcertification of a false claim may lead to fines, imprisonment, or other severe legal consequences. SIGNATURE: Supervising Dept. HeadCity ManagerMayor ____________________________________________________________ RECOMMENDATION: APPROVED ____________APPROVED ___________APPROVED ____________ DENIED ____________DENIED ____________DENIED ____________