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Home My WebLink About4.02 Dublin Sq Acctp WorkJ ! ~~~;~~ ~~ ~-~ 1 ~~~ CITY CLERK File # ^~~~-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 6, 2009 SUBJECT: Acceptance of Work -Contract Number 08-07, Dublin Square Demolition Report prepared by: Herma Lichtenstein, Parks & Facilities Development Manager ATTACHMENTS: 1) Resolution accepting the Dublin Square Shopping Center Demolition Contract 08-07. 2) Change Order #2 RECOMMENDATION: 1) Approve Change Order # 2 for $39,000; 2) Authorize the City Manager to accept the final improvements; (~ , . 3) Adopt Resolution accepting the Dublin Square Shopping Center Q/~ Demolition Contract 08-07. FINANCIAL STATEMENT: Total Base Bid $348,750 10% Contingency $ 34,875 Total Contract $383,625 Approved Change Orders $ 11 650 Pending Change Orders $ 39 000 Amount in Excess of Contingency ($ 15,775) DESCRIPTION: On June 26, 2008 the City Council awarded the contract for the demolition of the Dublin Square Shopping Center to Ferma Corporation. At this time Ferma has completed the majority of the work with the exception of remediation work associated with underground fuel tanks that were discovered as a result of the demolition. The cost for this work is $39,000 and is in excess of the City Manager's authority for approval and requires City Council authorization. At this time there are sufficient funds within the overall project budget for the amount requested to complete the work as the bid for the work was less than the $600,000 originally budgeted. As the timing for completion of the remediation will be in advance of the next City Council meeting Staff is requesting that the City Council authorize the City Manager to accept the final improvements for Contract No. 08-07 once the remediation work is complete. COPY TO: Ferma Corporation Page 1 of c ~_ ITEM NO. • G:\COIJNCIL\Agenda Statements\2009\1-6 Dub Sq Demo Square Acceptance.doc r~ RECOMMENDATION: It is the recommendation of Staff that the City Council take the following action: 1) Approve Change Order #2 for $39,000; 2) Authorize the City Manager to accept the final improvements; and 3) Adopt Resolution accepting the Dublin Square Shopping Center Demolition Contract 08-07. aka !;~ 3 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING DUBLIN SQUARE SHOPPING CENTER DEMOLITION CONTRACT NO. 08-07 WHEREAS, Ferma Corporation entered into a contract with the City of Dublin to complete the Demolition of the Dublin Square Shopping Center in accordance with plans and specifications on file with the City Engineer; and WHEREAS, said improvements have been completed in accordance with said plans and specifications, and any approved modifications thereof, with the exception of remediation of minor items, to the satisfaction of said City Engineer of the City of Dublin; and NOW, THEREFORE BE IT RESOLVED that: 1. The work is completed per plans and specifications with the exception of remediation of minor items, and the City Manager has the authority to approve and accept the improvements upon remediation of minor items; and 2. The said original performance bond posted in connection with the work involved in the construction of said improvements be hereby released upon approval and acceptance of work by the City Manager. PASSED, APPROVED AND ADOPTED, this 6th day of January, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT #1 G`~.~ OF~jDpB~~ ~,,{ ~1i 19 ' } ,ffi 4~'~ / ~~~~~~ CITY OF DUBLIN ~. 100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 + (925) 833-6630 + (925) 829-9248 FAX O~IItpRN~~ CONTRACT CHANGE ORDER NO. 2 PROJECT: Dublin Square Demolition, 11825 Dublin Blvd PAGE 1 OF 1 TO: Ferma Corporation AGREEMENT DATED June 26, 2008 between Ferma Corporation 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 b :The City of Dublin The last percentage shown is the net accumulated increase or decrease from the original fee in the Agreement 1. Additional Demolition & Removal of Underground Fuel Tanks and Soil due to unforeseen conditions. Extension of time: None SUBMITTED BY: APPROVAL RECOMMENDED BY Herma Lichtenstein Date Parks & Facilities Develop. Manager COST INCREASE: $39,000 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: By Contractor: Ferma Corporation. Project Manager: Joe Broz 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 ATTACHMENT 2 CITY OF DUBLIN v ~ ~° EXHIBIT "A" CHANGE ORDER FORM DATE: 1 211 812 0 0 9 PROJECT NAME: Dublin Square Shopping Center Demolition CIP #: 95557 CONTRACT NO. 08-07 CHANGE ORDER NO. 2 PERCENT COMPLETE: 87% CONTRACTOR: Ferma Corporation CONTRACT AMOUNT: $348,750 C.O. AS °/ OF CONTRACT: 15% ADJUSTED CONTRACT AMOUNT: 5399,400 Original Contract Work Days 90 Added Contract Work Days ADJUSTED CONTRACT WORK DAYS: 90 CONTRACT CHANGE ORDERS: AMOUNT CHANGE ORDER #01 Unforseen Grading Requirements $ 11,650 CHANGE ORDER #02 Unforseen underground tank removal 8 remediation $ 39 000 TOTAL OF ALL CHANGE ORDERS: $ 50,650 PROGRESS PAYMENTS MADE: PAYMENT #01 $ 104,625 PAYMENT#02 $ 85,375 PAYMENT#03 $ 114,463 PAYMENT #04 PAYMENT #OS PAYMENT #O6 PAYMENT #07 PAYMENT #O8 PAYMENT #09 PAYMENT #10 PAYMENT #11 PAYMENT #12 TOTAL ACTUAL PAYMENTS: S 304,463 ADJUSTED TOTAL CONTRACT: $399,400 REMAINING BALANCE ON CONTRACT: 594,937 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 Changer Order declares under penalty of perjury under the laws of the State of Califomia, and does personnaly 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 supppoded by truthful and accurate data; that the amount requested and the additional lime requested accurately reflect the allowable expenses that would be inccumed, 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 cliams, 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