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HomeMy WebLinkAboutItem 4.05 Dub Blvd Dougherty Imp~~~~ ~- ~ -~h \~/~ CITY CLERK File # Q 6^~^-Q~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 17, 2009 SUBJECT: Approval of Contract Change Order No. 27 and Acceptance of Improvements -Contract No. 07-01, Dublin Boulevard/Dougherty Road Intersection Improvements (CIP No. 96852, Dougherty Road Improvements -Houston Place to I-580) Report Prepared by.• Melissa Morton, Public Works Director ATTACHMENTS: 1) 2) RECOMMENDATION: 1) 2) (~ 3) FINANCIAL STATEMENT: Location Map Change Order No. 27 and Change Order Summary Approve Contract Change Order No. 27 in the amount of $150,000.00; Accept the improvements under Contract 07-O1, Dublin Boulevard/Dougherty Road Intersection Improvements; and Authorize the release of retention after 35 days if there are no subcontractor claims. Budget Total Prior Budget Est. Actual Est. Actual Total Year Actual FY 2008-09 FY 2008-09 Total Design/Inspection $ 1,076,560 $ 1,015,490 $ 61,070 $ 58,635 $ 1,074,125 Other Contract Services 1,773,575 1,653,351 120,224 272,789 1,926,140 Land/Right-of--Way 10,072,418 9,166,199 906,219 639,499 9,805,698 Improvements 4,862,581 4,102,665 759,916 657,529 4,760,194 Miscellaneous 7,053 7,053 0 2,074 9,127 TOTAL: $17,792,187 $15,944,758 $ 1,847,429 $ 1,630,526 $17,575,284 The total improvement cost in this report ($4,760,194) is made up of $4,476,669 for the work that Top Grade Construction performed, and $283,525 in related project contracts, such as building demolition. Not included in the table is a Change Order to the contractor in the amount of $127,402 to construct two storm water treatment units. This work was paid for by Caltrans under a separate CIP. COPY TO: Top Grade Construction Page 1 of 2 ITEM NO. ~~ G:\CIP\Dougherty Rd Imp - Houston to I-580\Project\agst acceptance & CCO 27.doc The construction portion of the project has been completed under budget for Fiscal Year 2008-2009. The entire project has also been completed under budget. Project funding was from project-specific traffic mitigation funds, and Eastern Dublin and Downtown Traffic Impact Fees; funds from the State Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006; Dougherty Valley Traffic Impact Fees; and reimbursement from DSRSD under an agreement to make certain improvements to DSRSD facilities within this project. DESCRIPTION: The Dublin Boulevard/Dougherty Road Intersection Improvements were required as traffic mitigations for increased traffic generated primarily by development in Eastern Dublin and the Dougherty Valley, and to a lesser extent in the City's downtown area. This project purchased right-of--way and widened all four legs of the Dublin Boulevard/Dougherty Road intersection (Attachment 1). Portions or all of ten parcels of land were purchased, together with the purchase and/or relocation of four businesses. The construction portion of this project has been completed under budget, not only for FY 2008-2009, but also for the entire project. Ten percent of the construction contract has been retained during construction. After the City Council's acceptance of the project, the City may release this retention after 35 days if there are no subcontractor claims. Chan eg Order This agenda item includes the review and approval of Change Order No. 27 (Attachment 2), which covers the additional costs involved in off-hauling and disposing of soils contaminated with hydrocarbons. The Contractor had bid the contract to off-haul excess soil to the Vulcan Quarry in Pleasanton with no dumping charges. After testing, the quarry would not accept the material due to its content, and the material was subsequently hauled to the Vasco landfill, which incurred considerable dump fees and increased hauling costs. After reviewing the extra cost, Staff agreed that the Contractor was entitled to additional monies to cover the costs sustained in the amount of $150,000.00. Since the City Manager is only authorized to approve an individual Change Order in an amount up to $25,000.00, this Change Order must be approved by the City Council. RECOMMENDATION: Staff recommends that the City Council 1) Approve Contract Change Order No. 27 in the amount of $150,000.00; 2) Accept the improvements under Contract 07-01, Dublin Boulevard/Dougherty Road Intersection Improvements; and 3) Authorize the release of retention after 35 days if there are no subcontractor claims. Page 2 of 2 i ~ enrt~ r. a~5 CITY OF DUBLIN 100 Civic #~laza ~lublin, CA 94568 CONTRACT CHANGE ORDER ORDER NO DATE: 10/21 ros STATE California CONTRACT FOR: Dublin Blvd/Dougherty Road Intersection Improvement Project COUNTY CONTRACT NO: Contrad No. 07-01, CIP No. 96852 Alameda OWNER: City of Dublin Public Works CONTRACTOR: Top Grade Construction, Inc. CURRENT CONTRACT PRICE: $4,499,153.48 CURRENT CONTRACT TIME OF COMPLETION: September 29, 2008 CURRENT NO. WORKING DAYS: 253-Working Days TO: TOP GRADE CONSTRUCTION; 50 CONTRACTORS STREET, LIVERMORE, CA 94551 (Contractor) You are hereb re nested to tom I with the followin than es from to the contract tans, s ecifications, or other contract tlocuments: Description of Changes DECREASE INCREASE (Supplemental Plans and Spe~ptions Attached) in Contract Price In Contract Price 1) This change order for the Agreed Lump Sum amount of $150,000.00 shall constitute full compensation to the contractor for any and all costs and time associated with the contractor's Notice of Potential Claim No, 1, and no additional payment will be made. $150,000.00 TOTALS NET CHANGE IN CONTRACT PRICE ~ $150,000.00 JUSTIFICATION: At the request of the City for work not included in the contract documents. The amount of the Contract will be Increased by The Sum Of: The Contrad Total InGuding this and previous Change Orders Will Be: $150,000.00 $4,649,153.48 The Contrad Period Provided for Completion Will Be Unchanged: -0- Davs Contract Completion Date: 9/29/08 CCO#27 Page 1 of 2 ~~~~~ ~' .~ ~ 5' Upon execution by representatives authorized to bind the pafies, 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 ~ttie 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 limked 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 forany labor, equipment, materials, overhead {additional, extended, field and home office), profit, or time adjustments. By signing this Cfiange 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 G~ (/~/ (Title) of the Contractor, by signing this Changer Order deGares 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 certification of a false claim may lead to fines, imprisonment, or other severe legal consequences. Requested Rany Chek, PEE-Vali Cooped Associates /nc. l ~ ~U~ (Date) Recommended il...s ~, ~Ferd Bel' .- City of Pu !'c Works Dept. -~-y~,~.~,~,.~~,~~-- i' ~%'~' Accepted Top Grade Construction Robert L., Fisher,.Executi:ve Vice .President Approved by Agency Melissa Morton, P. ity of Dublin Public Wor Director (Date) 11/2o/os (Date) (Dafe) ~~~~ ~Al r~ ~~~~o~~ DEC 1 2 2008 CCO#27 Page 2 of 2 CHANGE ORDER SUMMARY DATE: 1 /15109 CHANGE ORDERS: flays PROJECT NAME: Dublin Blvd./Dou he Road Intersection Im rovements CIP #: 96852 CONTRACT NO: 07-01 CONTRACTOR: To Grade Construction PERCENT COMPLETED: 100.0% CONTRACT AMOUNT: $4,196,993.00 (excluding Change Orders) APPROVED BUDGET AMT: $4,870,216.00 plus CDS UNITS: $127,401.75 AMENDED APP'D BUDGET: $4,997,617.75 CHANGE ORDER #1 CHANGE ORDER #2 CHANGE ORDER #3 CHANGE ORDER #4 SUPPLEMENTAL CHANGE ORDER #4 CHANGE ORDER #5 SUPPLEMENTAL CHANGE ORDER #5 CHANGE ORDER #6 CHANGE ORDER #7 CHANGE ORDER #8 CHANGE ORDER #9 CHANGE ORDER #10 CHANGE ORDER #11 1ST SUPPLEMENTAL CHANGE ORDER #11 2ND SUPPLEMENTAL CHANGE ORDER #11 CHANGE ORDER #12 SUPPLEMENTAL CHANGE ORDER #12 CHANGE ORDER #13 SUPPLEMENTAL CHANGE ORDER #13 CHANGE ORDER #14 CHANGE ORDER #15 CHANGE ORDER #16 CHANGE ORDER #17 CHANGE ORDER #18 1ST SUPPLEMENTAL CHANGE ORDER #18 2ND SUPPLEMENTAL CHANGE ORDER #18 CHANGE ORDER #19 SUPPLEMENTAL CHANGE ORDER #19 CHANGE ORDER #20 CHANGE ORDER #21 CHANGE ORDER #22 CHANGE ORDER #23 CHANGE ORDER #24 CHANGE ORDER #25 CHANGE ORDER #26 CHANGE ORDER #27 CHANGE ORDER #28 CHANGE ORDER #29 CHANGE ORDER #30 $4, 305.00 $11,009.25 $1, 962.45 $5,990.25 $6,196.72 $10,000.00 $2,271.58 $18,210.37 $7,417.20 $127,401.75 (CDS unit charged to other CIP - $1,500.00 approved by City Council) $3,000.00 $5,000.00 $5,000.00 $11,639.46 $5, 000.00 $5, 000.00 ($4,595.00) $9,817.27 $25, 000.00 ($26,309.20) $2, 000.00 $4, 524.47 $10,000.00 $8, 000.00 $3, 052.41 $7, 000.00 $2, 871.36 $14,500.36 ($49,672.00) ($6,303.00) ($11,576.42) $25,000.00 $10,000.00 $1, 500.00 $150,000.00 $25,000.00 $10,000.00 $17, 979.90 TOTAL OF CHANGE ORDERS:.. $458,694.18 (Continued on Page 2) G:1CIP\Dougherty Rd Imp -Houston to I-580\Project\Change Orders\CCO Summary 10 1 of 2 CURRENT CHANGE ORDER DESCRIPTION: 5~s' Contract Change Order No. 27is for additional work items not part of the original contract documents (additional earthwork off-hauling costs. ADJUSTED CONTRACT AMOUNT: PROGRESS PAYMENTS MADE: PAYMENT #1 PAYMENT #2 PAYMENT #3 PAYMENT #4 PAYMENT #5 PAYMENT #6 PAYMENT #7 PAYMENT #8 PAYMENT #9 PAYMENT #10 PAYMENT #11 PAYMENT #12 PAYMENT #13 PAYMENT #14 PAYMENT #15 TOTAL PROGRESS PAYMENTS: $4,655,687.18 $52, 658.00 $359, 993.00 $190, 057.38 $84, 985.60 $474, 573.26 $385, 544.10 $261, 538.49 $545,615.59 $509,786.48 $309,492.42 $347, 324.40 $424, 972.95 $328,245.24 $196,244.95 $133,038.65 $4,604,070.51 REMAINING BALANCE ON CONTRACT: $51,616.67 RECOMMENDATION: APPROVED APPROVED APPROVED DENIED DENIED DENIED SIGNATURES: Pub c Works Director Cit Mana er Ma or G:\CIP\Dougherty Rd Imp -Houston to I-580\ProjectlChange Orders\CCO Summary 10 2 of 2