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Home My WebLink AboutC34370A - NOC-CO1 - Joslyn Ctr Generator Prjct 763-15 Contract No. C34370A STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 11, 2018 REQUEST: Approve Change Order No. 1, and approve acceptance of work for Contract No. C34370A with California Building Evaluation and Construction, Inc., of Anaheim, California, for the Joslyn Center Generator Project (Project No. 763-15) Recommendation By Minute Motion, 1. Approve Change Order No. 1 to Contract No. C34370A in the amount of $33,378.41 2. Authorize the transfer of $18,982 from contingency to base; 3. Appropriate $14,396.41 from Unobligated Fund 450 to 4504164-4400100; 4. Authorize the City Manager to execute Change Order No.1; and 5. Accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. C34370A, Joslyn Center Generator Project (Project No. 763-15). Strategic Plan This matter is related to the Public Safety and Emergency Services section of the Palm Desert Strategic Plan, specifically under Priority 3: Help the community become more prepared for disasters and public safety emergencies. Background Analysis On March 9, 2017, the City Council awarded Contract No. C34370A to California Building Evaluation and Construction, Inc., of Anaheim, California, in the amount of $189,820 for the construction of the Joslyn Center Generator Project. Staff has inspected the work performed by the contractor and has found said work to be complete and in accordance with the contract requirements. The majority of the work was completed on time, however, there were some unexpected issues related to utilities that have caused increases in the project cost. January 11, 2018 - Staff Report NOC and CO#1 for Contract No. C34370A, Joslyn Center Generator Project Page 2 of 3 The contractor has submitted change order requests for utility work associated with the project. Item 1 is for grading and the construction of a retaining wall to maintain the requisite clearance around an electrical transformer. Southern California Edison required the changes to the project before they would schedule the electrical switchover for the facility. This item will increase the contract amount by $1,500.00. Item 2 is for the relocation of a gas line. The relocation of the gas line was an unexpected requirement from So Cal Gas. Once the generator was installed, So Cal Gas was concerned that the existing gas meter was confined in a small area by the generator and related equipment. Because gas meters have a tendency to vent excess gas, and the generator has some electrical components that can generate sparks, So Cal Gas engineers thought it best to relocate the gas line to a less confined area. Although the chances of a fire due to the location of the gas meter were slim, So Cal Gas would have required the City to sign a waiver of liability in favor of So Cal Gas if we did not relocate the gas meter. For this reason, staff agreed to relocate the gas line. The contractor indicated that they have performed similar work in the past, and that they would be able to relocate the gas line. Staff performed a rough calculation and determined the estimated amount of the gas line relocation would likely be under the contingency amount of $18,982. After discussing the matter with the City Manager, staff instructed the contractor to proceed with the relocation on a time-and-materials basis. When staff received the change order request, many items included in the support documentation were not related to the change order work. Staff rejected the change order request and returned it to the contractor for revision. The City Attorney was advised of the situation and worked with staff to ensure that staff acted in accordance with applicable laws and standards. The contractor submitted a revised change order request addressing the inaccuracies that were noted in the rejection of the original request. The amount for item 2 was reduced from $66,706.86 to $31,878.41. A review of the revised support documentation shows that the cost is justified. January 11, 2018 - Staff Report NOC and CO#1 for Contract No. C34370A, Joslyn Center Generator Project Page 3 of 3 Fiscal Analysis The initial contract amount was $189,820.00. Change Order No. 1 will increase the contract amount,te-$223,198;41. �17 `f4 1L { Prepared by: an Gayle , roject Administrator LEGAL REVIEW DEPT. REVIEW FINANCI L REVIEW CITY MANAGER N/A -1/' 11'ai I f (-2- 40W' , , „, , Robert W. Hargreaves Bo Chen, P.E., Acting Janet Moore Lauri Aylaian City Attorney Director of Public Works Director of Finance City Manager APPLICANT: California Building Evaluation and Construction, Inc. 2115 W. Crescent Avenue, Ste. #236 Anaheim, CA 92801 ATTACHMENTS: Change Order No. 1 Notice of Completion Location Map eITY OF PALM DESERT Contract#/P.O.It C34370A P113340 Change Order No. 1 CONTRACT CHANGE ORDER Contingency: YES NO Contract Purpose Install Generator at Joslyn Center Account No. 4504164-4400100 Consultant's Name California Building Evaluation and Construction, Inc. Project No. 763-15 Address: 2115 W. Crescent Avenue, Ste. #236 Vendor No. V0014234 Anaheim, CA 92801 You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE (Supplemental Plans, Specifications, and Directives dated Attached) In Contract Price In Contract Price #1 Install retaining wall to provide requisite clearance for SCE equipment 1,500.00 #2 Relocate Gas Line $31,878.41 TOTALS: - 33,378.41 NET CHANGE IN CONTRACT PRICE: 33,378.41 JUSTIFICATION: #1 SCE required a 3' clear area around the sides and the back of the new transformer. #2 So Cal Gas required the relocation of a gas line. TOTAL BUDGET FOR PROJECT: + 208,802.00 CONTINGENCY: Less: Expend. & Encumb. To Date: - 189,820.00 Amount Approved by Council: + 18,982.00 Less: This Change Order Amount: - 33,378.41 Less: Prior Change Order(s): - - BALANCE OF BUDGET Less:This Change Order: - 33,378.41 REMAINING FOR PROJECT: (14,396.41) Balance Remaining of Contingency: (14,396.41) The amount of the Contract will be Increased by the Sum of: Thirty-three Thousand Three Hundred Seventy- eight and 41/100 Dollars ($33,378.41). See reverse ... Contract C34370A Change Order No. 1 Continued from front This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension 0 Days. Revised Contract Total $223,198.41 The undersigned Contractor approves the foregoing Change Order # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1 . The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONTRACTOR Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR LAURI AYLAIAN Date Approved CITY MANAGER NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved See reverse ... To be recorded with the Riverside County Recorder within 10 days after completion and acceptance by the City Council. NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. When recorded, return to: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 NOTICE OF COMPLETION (Cal. Civ. Code § 3093—Public Works) NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260. 2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph. 3. That the nature of the title of the stated owner, as set forth in paragraph 1, is IN FEE. 4. That on the 111 day of January, 2018 work of improvement described as the Joslyn Center Generator Project, Project No. 763-15, Contract No. C34370A, on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: California Building Evaluation and Construction, Inc., 2115 W. Crescent Avenue, Ste. #236, Anaheim, CA, 92801 6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as 73-750 Catalina Way, Palm Desert, California 92260. (APN 627-111-028) CITY OF PALM DESERT A MUNICIPAL CORPORATION Date: By: Sabby Jonathan, Mayor STATE OF CALIFORNIA } } ss COUNTY OF RIVERSIDE } I hereby certify that I am the City Clerk of the governing board of the CITY OF PALM DESERT, CALIFORNIA, the political subdivision which executed the foregoing Notice and on whose behalf I make this verification: That I have read said Notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at Palm Desert, California, on this day of , 20 RACHELLE D. KLASSEN,CITY CLERK Rev. Sept 2016 / FRED WARING DRIVE f r , r i I I L ._I.____I- - , ,i ._. SANTA ROSA WAY __._ 0 _ 1 V W E D .._ 1 c -J z Lu o0 1z -^' Q W - _ - W 0I m I— — a a. 1 7 a I a 0 0 a m a a co I -, I 1 X \ ' CATALINA WAY I • I j z W 1 J 1 1 Q 1 r------ Z te ROYAL co PALM DRIVE alp,,,, Joslyn Senior Center ORN VICINITY MAP c �`�' Date' 2D 15