HomeMy WebLinkAboutItem 4.7 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 ____________