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Home My WebLink AboutC34370A - NOC - CO1 - Joslyn Ctr Generator 763-15 Contract No. C34370A STAFF REPORT _- k-\ CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: November 16, 2017 REQUEST: Approve Change Order No. 1 in the amount of$1,500, 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 $1,500; 2. Authorize the transfer of $1,500 from contingency to base; 3. Authorize the City Manager to execute Change Order No.1; and 4. 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 work was completed on time, however, there were some unexpected issues related to utilities that have caused increases in the project cost. The contractor has submitted two change order requests for utility work associated with the project. Change Order Request No.1 is for grading and the construction of a retaining wall to maintain the requisite clearance around an electrical transformer. November 16, 2017 - Staff Report NOC and CO#1for Contract No. C34370A, Joslyn Center Generator Project Page 2 of 3 Southern California Edison required the changes to the project before they would schedule the electrical switchover for the facility. Change Order Request No.1 will increase the contract amount by $1,500. Change Order No. 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 closed in by the generator and related equipment. Because gas meters have the 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 location. Staff thought the chances of a fire due to the location of the gas meter were slim, but So Cal Gas would have required the City to sign a waiver of liability in favor of So Cal Gas if we chose to leave the gas meter where it was. 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. Public Works discussed the matter with the City Manager, and instructed the contractor to proceed with the relocation on a time-and- materials basis. The contractor did not perform the work in an efficient manner, spending nearly three weeks to run approximately 110 feet of gas line and dig pot holes for So Cal Gas. In addition to the fact that the contractor took too long to perform the work, when staff received the change order request, many items that were included in the support documentation were not related to the change order work. Staff has indicated to the contractor that the City will not pay the change order until it is revised to include only work and materials associated with the relocation of the gas line. Negotiations are currently underway with the contractor to come to a reasonable cost. The City Attorney has been advised of the situation and is working with staff to ensure that the City is acting in accordance with applicable laws and standards. The City Attorney advised staff to proceed with filing the Notice of Completion in spite of the fact that the second change order request is still under negotiation. Staff will return to the City Council for approval of Change Order No. 2. Fiscal Analysis The initial contract amount was $189,820, and Change Order No. 1, in the amount of $1,500, increased the contract amount to $191,320. When Change Order No. 2 is negotiated the contract i a be increased by that amount. Prepare , y: Ryan O yler, Project Administrator November 16, 2017 - Staff Report NOC and CO#lfor Contract No. C34370A, Joslyn Center Generator Project Page 3 of 3 LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A ( � i(OZE-& ,• ane 4- ce-(4 - Robert W. Hargreaves Mark reenwood, P.E. boore 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 CITY OF PALM DESERT Contract#/P.O.# C34370A P113340 Change Order No. 1 CONTRACT CHANGE ORDER Contingency: 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 TOTALS: - 1,500.00 NET CHANGE IN CONTRACT PRICE: 1,500.00 JUSTIFICATION: SCE required a 3' clear area around the sides and the back of the new transformer. 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: - 1,500.00 Less: Prior Change Order(s): - - BALANCE OF BUDGET Less: This Change Order: - 1,500.00 REMAINING FOR PROJECT: 17,482.00 Balance Remaining of Contingency. 17,482.00 The amount of the Contract will be Increased by the Sum of: One Thousand Five Hundred and 00/100 Dollars ($1,500.00). 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 $191,320.00 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 16th day of November, 2017 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: Jan C. Harnik, 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 ,._ , t_ . f FRED WARING DRIVE 1 —1 - l I 1 I L _ ` r SANTA ROSA WAY w 1 ❑ U 7 - _ - _ -. Li! W U — J a w o , _ ! - a J ' — --- d , U z (s] 1 N aa. Z Aig , L I I CATALINA WAY• / . r 1 j - i W iW aI 1 w ' I a-_ a - Q� ____________ _ / ROYAL y/------ PALM / ; ~~7\ / DRIVE a 4p �A, Joslyn Senior Center 4 ate �� 0 ``"FOR'' Date: 2015 VICINITY MAP