HomeMy WebLinkAboutC33530 - CO1- NOC - Deconstruction Imprvmnts 633-07 Contract No. C33530
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CITY OF PALM DESERT � _ �
PUBLIC WORKS DEPARTMENT
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STAFF REPORT
REQUEST: RATIFY THE CITY MANAGER'S AUTHORIZATION FOR
ADDITIONAL EXPENDITURES, APPROVE CHANGE ORDER
N0. 1, AND REQUEST ACCEPTANCE OF WORK FOR
CONTRACT NO. C33530 WITH 5M CONTRACTING, INC., FOR
THE DECONSTRUCTION OF IMPROVEMENTS FOR THE
APARTMENT COMPLEX AT 45-330 OCTOILLO DRIVE AND
FOUR SINGLE FAMILY HOMES AT 43-845, 43-878, 43-895, AND
43-915 PORTOLA AVENUE (PROJECT NO. 633-07)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: 5M Contracting, Inc.
2691 Dow Ave., Suite C-2,
Tustin, CA 92780
DATE: December 11, 2014
CONTENTS: City Manager's Approval Memo
Change Order No. 1
Notice of Completion
Vicinity Map
Recommendation
By Minute Motion:
1. Ratify the City Manager's authorization for additional expenditures
and approve Change Order No. 1 to Contract No. C33530 in the
amount of $12,849.50 for the deconstruction of the four single family
homes;
2. Authorize the transfer of $12,849.50 from contingency to base;
3. Authorize the Mayor to execute said 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. C33530.
Funds are available in Account No. 400-4438-433-4001, Portola Wall and
Sidewalk Capital Outlay Account.
Staff Report
Approve Change Order No. 1 and NOC for Contract C33530
Page 2 of 2
December 11, 2014
Backqround
On June 26, 2014, City Council awarded Contract No. C33530 in the amount of
$176,500.00 to 5M Contracting, Inc., for the Deconstruction of Improvements for the
Apartment Complex at 45-330 Ocotillo Drive and Four Single Family Homes at 43-845,
43-878, 43-895, and 43-915 Portola Avenue.
During the deconstruction of the single family homes, the contractor discovered
asbestos material not identified in the original asbestos survey of the homes. One
home appeared to have excessive amount of asbestos and the contractor felt
compelled to have a third party re-survey and re-test the home for asbestos and lead.
This home had approximately 1,450 square feet of extra tile and mastic containing
asbestos. This tile had to be manually exposed and remediated. Additionally, the entire
ceiling had friable acoustic ceiling spray containing asbestos that had to be remediated.
Staff considered all items and the new report and feel that the extra work was required
and the additional cost justifiable.
The net amount over contract associated with the overage in quantities and additional
work is $12,849.50 and is reflected on Change Order No. 1. The additional amount is
well within the contingency already approved by Council.
Staff has inspected the work performed by the contractor and has found said work to be
complete and in accordance with the contract requirements.
Fiscal Analysis
The initial contract amount was $176,500.00, and Change Order No. 1 will increase the
contract amount to $189,349.50. There is no fiscal impact beyond the change order.
Prepared By: ��,, Depa ead:
oel ontalvo, P.E., Senior Engineer Mark Gr nwood, P.E.
Director Public Works
CtTY COUNCILACTIO
aul S. Gibson, Director of Finance APPROVF.D._„ DENIED
RECEIVED OTHER
Approval: MF,ETING DATE �Z`<<-�`'�
AYES:t�a.,r�..�"_�P��`L..�.��,,��
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d � AI3SENT: No� „�„�
John . Wohlmu h, City Manager ABSTAtN: �1'�� �� 1�.,^.,,,",�,_,_,_„�
VERIFIED BY: r
Original on Fi1e with City Clerk's Utfice
G:IPub WorkslSta//RepoRs120141December 11107 NOC and COl Deconstruction Porfola AvenuelSR NOC Approve CO#1 fo�5M Construction C33530.docx
��� CITY OF PALM DESERT
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PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
To: John M. Wohlmuth, City Manager
From: Joel Montalvo, Senior Engineer
Date: August 25, 2014
Subject: EXTRA WORK AUTHORIZATION FOR 5M CONTRACTING
The City has contracted with 5M Contracting, tnc. for the deconstruction of the
apartments on Ocotillo Drive and the four homes on Portola Avenue. During the
asbestos abatement the Contractor discovered asbestos mate�ial not identified in the
original asbestos survey of two of the homes. One home appeared to have excessive
amount of asbestos that the contractor felt compelled to have a third party re-survey
and re-test the home.
The frst home had approximately 750 square feet of asbestos covered material (ACM)
under ceramic tile. This material was not quantified on the original report. The
contractor had to manually expose all the material and remediate. This extra work was
not part of the bid and could not have been visually identified during the initial site visit.
The additionai cost for the extra remediation of this home is $ 1,687.50.
The second home had approximately 1,450 square feet of extra tile and mastic
containing ACM. This tile will have to be manually exposed and remediated.
Additionally, the entire ceiling had friable acoustic ceiling spray containing ACM. The
additional cost for the remediation of this home is $10,362.50. The cost for the re-
survey for asbestos is$800.
5M Contracting, Inc has submitted a change order with the extra scope of work and the
costs in the amount of$12,849.50. We have reviewed the extra work on feel that the
extra work is �equired and the cost is justifiable.
Public Worics is requesting that the Ciry Manager authorize 5M Contracting, Inc, to
proceed with the extra work as described in the attached scope of work. A staff report
will be brought before Council to ratify the authorization. If you concur, please sign your
autho ' ation.
Jo . Wohl uth, City Manager
Waks1PROJECTS1633-07 Portda Ave Free Right and Aestl�euc TrealmeMlChanga Or0ers120�4-08-25 Memo-JW eMra r+ork.tloc
CI1'Y OF PA►LM DESERT Contract#/P.O.# C33530 019169
Chan Order No. 1
CONTRACT CHANGE ORDER �
Contingency: YES NO
Contract Purpose Deconstruction of four single family homes Account No. 400-4438-433-4001
Consultant's Name 5M Contracting, Inc. P�oi�t No. 633-07
Address: 2691 DOw Ave., Suite C-2 vendor No. 13443
Tustin, CA 92780
You are hereby requested to comply with the following changes from the contract plans and specifications:
DESCRIPTION OF CHANGES DECREASE INCREASE
Su lemental Plans S ecifications and Directives dated Attached In Contract PriCe In Contract PriCe
Unanticipated asbestos removal and abatement for one home 12,849.50
TOTALS: - 12,849.50
NET CHANGE IN CONTRACT PRICE: 12,849.50
JUSTIFICATION:
Additional cost due to unanticipated asbestos removal and abatement.
OTAL BUDGET FOR PROJECT: + 189,349.50 CONTINGENCY:
Less: Expend. & Encumb. To Date: - 176,500.00 AmountApproved byCouncil: + 17,650.00
Less:This Change Order Amount: - 12,849.50 Less: Prior Change Order(s): - -
BALANCE OF BUDGET Less: ThisChange Order: - 12 849.50
REMAINING FOR PRQIECT: - Balance Remaining of Contingency: 4,800.50
The amount of the Contract will be Increased by the Sum of: Twelve Thousand. Eiqht Hundred and Fortv
Nine 50h00 Dollars ($12,849.50).
See reverse ...
Contract C33530 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 $189,349.50
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 VAN G. TANNER, MAYOR Date Approved
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 11th day of December , 2014, a work of improvement described as the
Deconstruction of Improvements for the Apartment Complex At 45-330 Ocotillo Drive and four single family
homes at 43-845, 43-878, 43-895, and 43-915 Portola Avenue, Project No. 633-07, Contract No. C33530 on
the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: 5M Contracting, Inc.,
2691 Dow Avenue, Suite C-2, Tustin, California, 92780.
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 45-330 Ocotillo Drive and 43-845, 43-878, 43-895, and 43-915 Portola
Avenue.
CITY OF PALM DESERT
Dated: By:
Van G. Tanner, Ma or
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.Oct 02