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Home My WebLink About4.08 Maint Yard Improvements STAFF REPORT CITY CLERK File #600-35 CITY COUNCIL DATE:June 3, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of Change Order for Maintenance Yard Improvements Prepared by Herma Lichtenstein, Parks and Facilities Development Manager EXECUTIVE SUMMARY: On June 18, 2013, the City Council awarded a Contract to Midstate Construction to construct two Capital Improvement Projects - the Maintenance Yard Facilities Project and the Public Safety Complex Project. Staff is seeking City Council authorization for the City Manager to approve Change Order #70 to Contract #12-13 / 12-14. This Change Order will allow for the additional pavement of failing sections at the Maintenance Yard Facilities Project on Scarlett Court. 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. There are sufficient funds in the project budget to award the Change Order. Following is a summary of the cost of improvements to date: Midstate Contract $10,276,375 10% Contingency $1,027,638 Total Construction Budget $11,304,012 Total Project Contingency $1,027,638 Subtotal Current Change Orders #1-69 $759,011 Proposed Pavement CO #70 $146,163 Total Remaining Contingency $122,464 RECOMMENDATION: Resolution Staff recommends that the City Council adopt a Authorizing the City Manager to Execute Change Order #70 to Contract #12-13/12-14 for the Public Safety Complex and Maintenance Yard Facilities Project. ITEM NO. 4.8 Page 1 of 2 Submitted By Reviewed By Parks and Community Services Director Assistant City Manager DESCRIPTION: On June 18, 2013, the City Council awarded a Contract to Midstate Construction to construct two Capital Improvement Projects - the Maintenance Yard Facilities Project and the Public Safety Complex Project. Staff is seeking City Council authorization for the City Manager to approve Change Order #70 to Contract #12-13 / 12-14. This Change Order will allow for the pavement replacement at the Maintenance Yard Facilities Project on Scarlett Court. The plans for the Maintenance Yard Facilities project always anticipated a certain amount of repaving at the project site. Based on the failure rate of the existing pavement during construction and utility relocation, additional areas of the site will require new pavement. 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 $50,000 as authorized by the City Council at the September 16, 2013 meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was sent to Midstate Construction. ATTACHMENTS: 1. Resolution Authorizing the City Manager to Execute Change Order #70 to Contract #12-13/12-14 for the Public Safety Complex and Maintenance Yard Facilities Project Page 2 of 2 RESOLUTION NO. XX – 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER #70 TO CONTRACT #12-13/12-14 FOR THE PUBLIC SAFETY COMPLEX AND MAINTENANCE YARD FACILITIES PROJECT WHEREAS, Midstate Construction entered into a contract with the City of Dublin to construct a Public Safety Complex and Maintenance Yard Facilities Project in accordance with plans and specifications on file with the City Engineer; WHEREAS, said improvements for the Maintenance Yard Facilities (CIP 930010) portion of the project included pavement work in areas directly affected by the construction; and WHEREAS, the existing pavement has shown a considerably high failure rate and in need of replacement; and WHEREAS , Midstate is capable of completing the work within the project schedule and provide the City with a more sustainable project. NOW, THEREFORE, the City Council of the City of Dublin does hereby authorize the City Manager to execute Change Order #70 (Exhibit A to this Resolution) in the amount of $146,163 to perform additional pavement work for the Maintenance Yard Facilities Project. PASSED, APPROVED AND ADOPTED this 3rd day of June 2014, by the following vote: AYES : NOES : ABSENT : ABSTAIN : ______________________________ Mayor ATTEST : _________________________________ City Clerk CITY OF DUBLIN  100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 (925) 833-6630 (925) 829-9248 FAX CONTRACT CHANGE ORDER NO. 70 PAGE 1 OF 1 PROJECT: Maintenance Yard – ALCO (#930010) AGREEMENT DATED 5-22- 2014 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 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. Cost to repair paving for fire truck access. PCO 109.1 Extension of time: 0 Work Days COST INCREASE: $146,163 SUBMITTED BY: APPROVAL RECOMMENDED BY APPROVED BY _____________________________ Herma Lichtenstein Date Gary Huisingh Date Chris Foss 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. MidState Construction Accepted, Date: ___________________________ Contractor: 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: 5/22/2014 PROJECT NAME: Public Safety Complex CIP #: 930016 CONTRACT NO. 12-13 / 12-14 CHANGE ORDER NO. 70 PERCENT COMPLETE: 0% CONTRACTOR: Midstate Construction CONTRACT AMOUNT: $10,276,375 C.O. AS % OF CONTRACT: 9% ADJUSTED CONTRACT AMOUNT:$11,181,549 Original Contract Work Days260 Added Contract Work Days0 ADJUSTED CONTRACT WORK DAYS: 260 CONTRACT CHANGE ORDERS:AMOUNT CHANGE ORDER #01SWPPP monitoring$19,838.00 CHANGE ORDER #02Hazmat Panel Abatement$8,743.00 CHANGE ORDER #03Lead Paint Abatement$5,487.00 CHANGE ORDER #04Sewer Line Replacement$24,827.00 CHANGE ORDER #05Misc. Structural Upgrades$100,000.00 CHANGE ORDER #06Misc. Wall Repair$9,396.00 CHANGE ORDER #07Pipe Trim at Concrete Shear Walls$2,527.00 CHANGE ORDER #08Excavate Wet/Pumping Soil from Tank Slab$2,861.00 CHANGE ORDER #09Asbestos Abatement and Cleanup$5,406.00 CHANGE ORDER #10Additional interior concrete slab work $18,857.00 CHANGE ORDER #11Additional interior concrete slab work $24,530.00 CHANGE ORDER #12Additional Geotech prep for building B$1,294.00 CHANGE ORDER #13DSRSD Bonds$1,303.00CHANGE ORDER #12 CHANGE ORDER #14Misc Grading issues$10,022.00 CHANGE ORDER #15Trencing for New Conduit$12,228.00 CHANGE ORDER #16New ATT Conduit$20,043.00 CHANGE ORDER #17revised Trench Drain at Building A$16,258.00 CHANGE ORDER #18Credit for overhead door revisions($2,792.00) CHANGE ORDER #19Added Infrastructure for damaged ATT lines$12,257.00 CHANGE ORDER #20Demo and remove wood structure$3,329.00 CHANGE ORDER #21Electrical additions to pathway lighting$37,232.00 CHANGE ORDER #22Revisions to landscape, paving, interior framing & finishes$18,221.00 CHANGE ORDER #23Revisions to wah bay equipment$8,542.00 CHANGE ORDER #24Additional floor preparation$3,039.00 CHANGE ORDER #25Modify existing electrical switch gear$4,208.00 CHANGE ORDER #26Remove abandoned Sprint manhole$3,459.00 CHANGE ORDER #27Grading revisions$24,653.00 CHANGE ORDER #28Trash enclosure revisions$6,160.00 CHANGE ORDER #29Remove requirement to delete slab$0.00 CHANGE ORDER #30Caulking additional slab control joints $1,370.00 CHANGE ORDER #31Additional IT Room electrical$10,084.00 CHANGE ORDER #32Expansion joint cover$3,080.00 CHANGE ORDER #33Additional interior electrical & data$1,330.00 CHANGE ORDER #34Additional exterior sign backing$5,580.00 CHANGE ORDER #35Additional mechanical roof curb$1,675.00 CHANGE ORDER #36Additional Irrigation, Sod, Fine Grading, Bark Mulch $8,752.00 CHANGE ORDER #37Additional Exterior Concrete Work $3,620.00 CHANGE ORDER #38Change out Faucets for Instant Hot Sink Opening$995.00 CHANGE ORDER #39Additonal Cost to Replace RWL Piping$2,841.00 CHANGE ORDER #40$1,238.00 Additional Cost for F9 Light Fixture Ballast CHANGE ORDER #41$22,827.00 Additional AC Paving Repairs CHANGE ORDER #42$17,250.00 Delay Settlement Waiver CHANGE ORDER #43$4,565.00 Additional Cost for Parking Lot Seal Coat CHANGE ORDER #44$1,480.00 Additional Cost to replace Roof Access Ladder CHANGE ORDER #45$3,960.00 Additional Cost to repair Exterior Accessible Pathway CHANGE ORDER #46$15,000.00 Additional Cost for DD Fire Dept Valve CHANGE ORDER #47Credit for PG&E Electrical Connection($18,000.00) CHANGE ORDER #48Closeout Project Adjustment$8,702.00 CHANGE ORDER #49Credit to delete test pit & add Pump Commander($30,116.00) CITY OF DUBLIN EXHIBIT "A" CHANGE ORDER FORM DATE: 5/22/2014 PROJECT NAME: Public Safety Complex CIP #: 930016 CONTRACT NO. 12-13 / 12-14 CHANGE ORDER NO. 70 PERCENT COMPLETE: 0% CONTRACTOR: Midstate Construction CONTRACT AMOUNT: $10,276,375 C.O. AS % OF CONTRACT: 9% CHANGE ORDER #50Cost to modify fire sprinkler riser$1,108.00 CHANGE ORDER #51Cost to add roof supports for fire sprinklers$3,907.00 CHANGE ORDER #52Cost to reroute sewer line$3,920.00 CHANGE ORDER #53Cost to add backflow device at steam wash bay$2,520.00 CHANGE ORDER #54Cost for gas pipe revisions$3,377.00 CHANGE ORDER #55Cost for electrical revisions to MSB and sub-panel$21,722.00 CHANGE ORDER #56Cost for electrical revisions to add EF-6A circuit$1,361.00 CHANGE ORDER #57Cost for electrical revisions to the fluid container tank pump grounding$6,161.00 CHANGE ORDER #58Cost for electrical revisions to add future photovoltaic conduit$2,349.00 CHANGE ORDER #59Cost for electrical revisions to add Plymovent exhaust system$54,960.00 CHANGE ORDER #60Cost for electrical revisions to the steam wash canopy$41,026.00 CHANGE ORDER #61Cost to remove fire hydrant connections and valves$6,945.00 CHANGE ORDER #62Cost to re-route fire sprinkler riser$1,042.00 CHANGE ORDER #63Cost to add concrete pad for wash bay equipment$5,452.00 CHANGE ORDER #64($2,330.00) CHANGE ORDER #65Cost to relocate storm drain$15,363.00 CHANGE ORDER #66Cost to underground utilities for PG&E, AT&T, Comcast$105,433.00 CHANGE ORDER #67Cost to revise site lighting layout$10,956.00 CHANGE ORDER #68Cost to re-route condensate drains$2,484.00 CHANGE ORDER #69Cost to add conduit for data sleeves$3,094.00 CHANGE ORDER #70$146,163.00 Cost to repair paving for fire truck access TOTAL OF ALL CHANGE ORDERS: $ 905,174 PROGRESS PAYMENTS MADE: $151,944.00 Pay app #1 (930016) Pay app #2 (930016) $195,860.00 Pay app #3 (930016) $752,605.00 Pay app #1 (930010)$94,941.00 Pay app #1 (930010) $50,663.00 Pay app #2 (930010) $201,964.50 Pay app #2 (930010) $93,927.50 Pay app #3 (930010) $35,363.00 Pay app #3 (930010) $118,743.00 Pay app #4 (930016) $948,498.00 Pay app #4 (930010) $328,980.00 Pay app #4 (930010) $340,994.00 Pay app #5 (930016) $882,018.00 Pay app #5 (930010) $485,398.00 Pay app #5 (930010) $446,912.00 Pay app #6 (930016) $658,049.00 Pay app #6 (930010) $496,563.00 Pay app #6 (930010) $337,367.00 Pay app #7 (930016) $190,283.00 Pay app #7 (930010) $317,563.00 Pay app #7 (930010) $312,424.00 Pay app #8 (930016) $1,650.00 Pay app #8 (930010) $633,083.00 Pay app #8 (930010) $313,575.00 Pay app #10 (930010) $410,172.00 Pay app #10 (930010) $77,345.20 Pay app #10 (930010) $235,314.80 PAYMENT #19$0.00 PAYMENT #20$0.00 TOTAL ACTUAL PAYMENTS:9,112,200 ADJUSTED TOTAL CONTRACT:11,181,549 REMAINING BALANCE ON CONTRACT:2,069,349 CITY OF DUBLIN EXHIBIT "A" CHANGE ORDER FORM DATE: 5/22/2014 PROJECT NAME: Public Safety Complex CIP #: 930016 CONTRACT NO. 12-13 / 12-14 CHANGE ORDER NO. 70 PERCENT COMPLETE: 0% CONTRACTOR: Midstate Construction CONTRACT AMOUNT: $10,276,375 C.O. AS % OF CONTRACT: 9% 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 ____________