HomeMy WebLinkAboutItem 4.07 Public Safety Complex Part Rel of Work
STAFF REPORT CITY CLERK
File #600-35
CITY COUNCIL
DATE:February 18, 2014
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, Acting City Manager
SUBJECT:
Partial Acceptance of Work – Contract No. 13-02 Public Safety Complex Project
Prepared by Herma Lichtenstein, Parks and Facilities Development Manager
EXECUTIVE SUMMARY:
On June 18, 2013, the City Council awarded the Contract to Midstate Construction to construct
two Capital Improvement Projects, including the Maintenance Yard Facilities Project and the
Public Safety Complex Project. Midstate has completed the Public Safety Complex Project,
which entails 14,000 square feet of tenant improvements for the Alameda County Fire
Department Administrative Offices. Staff is recommending a partial acceptance of the Contract
as the Public Safety Complex is on a separate site and the intended use will not interfere with
completion of the Maintenance Yard Facilities Project.
FINANCIAL IMPACT:
Contract 13-02 was awarded to Midstate Construction for $10,276,375 to construct both the
Public Safety Complex and Maintenance Yard Facilities. As this is a partial acceptance of the
total contract and the total amount of the remaining change orders for the Contract are still
unknown, a budget change may be required to close out the Contract once construction is
completed for both projects. Therefore Staff recommends authorizing the City Manager to
approve a Budget Change, if needed during Fiscal Year 2013-2014, in an amount not to exceed
$75,000 from the General Fund Undesignated Reserve.
RECOMMENDATION:
Resolution
Staff recommends the City Council adopt Partially Accepting the Improvements
Under Contract 13-02, Public Safety Complex Project; and, authorize the City Manager to
approve a Budget Change, if necessary during Fiscal Year 2013-2014, in an amount not to
exceed $75,000 from the General Fund Undesignated Reserve.
Submitted By Reviewed By
Parks and Community Services Director Acting Assistant City Manager
ITEM NO. 4.7
Page 1 of 2
DESCRIPTION:
The City has a facility use agreement with the Alameda County Fire Department, under which
the City is required to complete construction by February 2014 of 14,000 square feet of office
space at the City’s Public Safety Complex to house the Department’s Administrative Offices.
The improvements have been completed on time and Alameda County Fire is ready to occupy
the new offices.
On June 18, 2013, the City Council awarded the Contract to Midstate Construction to construct
two Capital Improvement Projects, including the Maintenance Yard Facilities Project and the
Public Safety Complex Project. Midstate reached substantial completion on January 10, 2014
of the Public Safety Complex Project. Staff is recommending a partial acceptance of the
Contract as the Public Safety Complex is on a separate site and the intended use will not
interfere with completion of the Maintenance Yard Facilities Project. Depending on the total
amount of the remaining change orders for the Contract, a budget change may be required to
close out the Contract once construction is completed for both projects. Therefore, Staff
recommends authorizing the City Manager to approve a budget change if necessary during
Fiscal Year 2013-2014 in an amount not to exceed $75,000 from the General Fund
Undesignated Reserve.
Attachment 1 is a Resolution partially accepting the improvements under Midstate’s Contract.
Staff is recommending the City Council adopt the Resolution. If adopted, Staff will file a Notice
of Completion with the Alameda County Recorder. If after 35-days of filing the Notice of
Completion there are no subcontractor claims, Staff will release the retention. Staff will also
reduce the performance bond the City holds for the Contract by the cost of the improvements to
the Public Safety Complex, leaving enough surety for performance on the Maintenance Yard
Facilities Project. In addition, Staff will accept a new maintenance bond, which will be 10% of
the final construction cost, to cover the one-year warranty period for the improvements.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A notice of completion will be filed with Alameda County following City Council acceptance of
the improvements. A copy of the Staff Report was sent to Midstate Construction.
ATTACHMENTS:
1. Resolution Partially Accepting the Improvements under Contract
No. 13-02 Public Safety Complex
Page 2 of 2
RESOLUTION NO. XX – 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
PARTIALLY ACCEPTING IMPROVEMENTS
UNDER CONTRACT 13-02
PUBLIC SAFETY COMPLEX PROJECT
WHEREAS,
Midstate Construction entered into a contract with the City of Dublin to construct
a Public Safety Complex Project (13-02) incorporating the Corporation Yard Project (CIP 930010)
and the Public Safety Complex (CIP 930016) in accordance with plans and specifications on file with
the City Engineer;
WHEREAS,
said improvements for the Public Safety Complex (CIP 930016) portion of the
project have been completed in accordance with said plans and specifications, and any approved
modifications thereof, to the satisfaction of said City Engineer of the City of Dublin; and
WHEREAS,
as a condition of said contract, Midstate Construction is required to warranty the
improvements for a period of one year following acceptance of the work by the City of Dublin; and
WHEREAS
, the improvements are now completed, and the original performance bond
security requirement can be reduced, in accordance with the authority contained in Section 66499.7
of the Government Code of the State of California, to an amount found necessary to guarantee
maintenance of the completed work for the aforesaid one-year period.
NOW, THEREFORE BE IT RESOLVED,
the City Council of the City of Dublin does
hereby:
1. Accept the improvements, subject to the aforesaid one-year warranty, and authorize Staff
to file a Notice of Completion with Alameda County; and
2. Authorize Staff, if after 35-days of filing the Notice of Completion there are no
subcontractor claims, to release the retention and reduce the aforesaid performance bond
security requirement from the amount of $10,276,375 to the amount of $6,489,833 upon
acceptance by Staff of the replacement maintenance bond in the amount of $378,654.20 as
security for the aforesaid one-year maintenance period; and
3. Authorize staff to release said original performance bond posted in connection with the
portion of work involved in the construction of said Facility upon acceptance of said warranty.
PASSED, APPROVED AND ADOPTED
this 18th day of February 2014, by the following
vote:
AYES
:
NOES
:
ABSENT
:
ABSTAIN
:
______________________________
Mayor
ATTEST
:
_________________________________
City Clerk