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Home My WebLink AboutHA29410B - CO2 - COV 825-11 - Optimus Contract No. HA29410B PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. HA29410B WITH OPTIMUS CONSTRUCTION, INC. FOR CONSTRUCTION OF THE CARLOS ORTEGA VILLAS (PROJECT NO. 825-11) SUBMITTED BY: Heather Buck, Project Coordinator CONTRACTOR: Optimus Construction, Inc. 440 Western Avenue, Suite 202 Glendale, CA 91201 DATE: October 9, 2014 CONTENTS: MSA Consulting, Inc. SWPPP Inspection dated September 8, 2014 Change Order No. 2 Recommendation By Minute Motion that the Authority Board: 1. Approve Change Order No. 2 to Contract No. HA29410B in the total amount of $4,713.82 for the Carlos Ortega Villas (Project No. 825-11); 2. Authorize the transfer of $4,713.82 from contingency to base; 3. Approve a change to the project milestone dates; and 4. Authorize the Chairman to execute Change Order No. 2. Funds are available in Housing Authority Capital Improvements Account No. 871-8691- 466-4001. Commission Recommendation The Housing Commission reviewed the recommendation at the regularly scheduled meeting of October 8, 2014. Staff will provide a verbal report upon request of the Authority Board. Backqround On July 10, 2014, the Authority Board authorized award of the contract for construction of the Carlos Ortega Villas to Optimus Construction, Inc. The Notice to Proceed was \\srv-fil2k3\groups\PubWorks\PROJECTS\825-11 Carlos Ortega Villas\Staff Reports\SR-Optimus OCO 2\SR-HA29410B OCO No 2 doc Staff Report Approve CO No. 2 to Contract No. HA294106 (Optimus) for the Carlos Ortega Villas project Page 2 of 3 October 9, 2014 issued on September 4, 2014. Construction is anticipated to be completed by November 2015. Storm Damage Repairs Due to the rain event on September 8, 2014, the site suffered damage from water intrusion from Avenue of the States. The costs associated with this change order include: • Removal and disposal of the damaged concrete sidewalk and road asphalt • Re-grading building pad that was eroded away • Reinstallation of temporary fencing The Storm Water Pollution Prevention Plan (SWPPP) measures installed at the site to prevent storm water run-off from leaving the site pertormed as designed. The damages to the site were not due to contractor deficiencies, but to storm water run-on from Avenue of the States. See attached report from MSA Consulting, Inc., the SWPPP inspector. Optimus is requesting $4,713.82 for this work. Chanqe to proiect Milestone date The Contract Documents outlined project milestone dates. Completion of a milestone by a specified date is tied to Liquidated Damages that can be assessed to the contractor. The contract called for completion of the exterior finishes of the Resident Services Building (Building F) so that an art mural can be installed prior to final completion of the construction project and not delay the leasing of the facility. Due to the delay in awarding the contract, the contractor has requested an extension of the milestone date from April 15, 2015, to September 1, 2015. Staff has reviewed this request and found it reasonable and beneficial to the overall quality of the project. Moving the completion date for exterior finishes of Building F and the date for installation of the mural closer to the completion date of the project will not affect the overall schedule, and will move completion of the art mural to the last month of construction, which was the original intent with this milestone date. The art mural should not be installed sooner as there is more potential for damage during construction. Fiscal Analysis The initial contract amount plus previously issued Change Order No. 1, which is currently under consideration, is $15,433,545.92. The costs associated with Change Order No. 2 total $4,713.82 and will increase the total contract amount to $15,438,259.74. The funding for these changes is available in the project contingency. The estimated costs for the project are listed on ROPS lines 171 and 186. Although the Housing Authority would initially advance the funds for this work, the SARDA may Staff Report Approve CO No. 2 to Contract No. HA29410B (Optimus) for the Carlos Ortega Villas project Page 3 of 3 October 9, 2014 reimburse the Authority for the costs from bond proceeds. The 2007 Housing Set-Aside bond issuance included the Carlos Ortega Villas as a project in the bond covenants. As a requirement of the State Department of Finance, a Bond Proceeds Funding Agreement was approved to facilitate this purpose by the Oversight Board on October 7, 2013, and by the Authority Board on October 10, 2013. Submitted By: , Heather uck, Project Coordinator a t . Moore, Director of Housing i' � Martin Alvarez Rud costa, Assistant City Manager Director of Economic Development Reviewed: �� , _ ✓'� � � g ¢�� J � s ��n U a�96Y x p�e.,�a.� ..S4a.' :��.J.1 4 7 v ��.: -��.. ��`�1 ;��l ,� .�.Y...�� , Paul S. Gibson, Director of Finance ��g;�.=;�� `�.qt.r2().K n 1�`S A proval: C,��,s �� i�� t��¢� �� C��rk°s C)�#ic� �l�� :1�� ,1�c��,2,I�`,.s,�,Eyr�, r�,�l.�-;f,�r1,�,lc, . lll ct s :�lc��.,. J hn M. Wohlmuth, Executive Director Post-Rain Event Observations A Qualifying Rain Event (qRE) is one which produces 0.5 inches or more in precipitation with a 48 hour or greater period between rain events. Governmental rain gauges indicate local precipitation between 0.90 to 1.89 inches(see attachment). A silt fence per CASQA BMP Fact Sheet "SE-1" was installed as the linear sediment barrier on the northerly boundary fronting Avenue of the States. The silt fence was constructed as a woven geotextile entrenched and attached by supporting wooden stakes. The silt fence is designed to detain sediment- laden water, promoting sedimentation behind the fence. Silt fences are considered suitable for perimeter control, placed below areas where sheet flow discharge from the site. They serve as interior controls below the disturbed areas where runoff may occur in the form of sheet and rill erosion. In addition, a chain-link fence with wind screen is also installed along this project limit. During the rain event,the silt fence appears to have initially functioned properly by retaining the project runoff on-site and therefore causing no discharge.The observed post-rain event conditions indicate that Avenue of the States, a public road located north of the project, endured substantial flooding, exceeding the capacity of the existing roll curb and gutter. Off-site erosion undermining caused damage to the existing sidewalk and a portion of the roadway.A rise in the stormwater level pressured and toppled the installed silt fence and wind fence into the property, causing run-on from the northwest property corner into a northern portion of the site. The stormwater exited the project at the northeast property corner, onto Avenue of the States. The run-on did not appear to +ntermingle with construction-related solid waste, hazardous waste, contaminated spills, concrete waste or other pollutants, as such materials are not yet present due to the initial stage of construction. Repair Actions: A series of repairs are expected to take place within 72 hours. The damaged wind fence and silt fence is expected to be reinstalled. Street sweeping immediately north of the project limits is recommended. The necessary on-site housekeeping practices will be restored. � � n 0o cn � w iv -► O � � � � o � O O O � � � � D � o � � � r < 0 n� n � � � o � D D D � �, � � rr r c�n c�u m m -1 (� n O O � -a � �- D -_ZI -�i c) � n�i � r Z :Zl � � � � ,� D n c�u � � Z � Z � � � Q m ,� � � m � _ � r � � � cn° O � C) O � � � p � cn � -Di � � � p 3 � � D -� � � D � C � � 3 � � n c � � ? � o � � � � �n 0 y p o � � � � c° p � � � � w � � � n r � W oo 'cn � O � , � ry c,� � Z � op � -� O �: � � Z o o � n m � o 0 0 � � '� G� � D -� o o � o � c/� O c,,� � � � 2 G Z � � � � D � D � , � �' Zmcn C cn cn n � u, O -1 O A � —I p (p A cp• � Z � W O � < N �• � v 0 N U7 � � (D W � —� � � Cfl CJ1 � � � � Z N � �A N � O � � _ n> � � v' D � o D o N Ov � Q cn ° � �: � ma� �- N � D o � � .' = ° W � • o � D o � � W c� v � 2 � � � � Q T � � `� C W �� o Z �. � v � _ �° � Z �' � , � � � � ° � � o � r�v w �. m � rn -ZI �I N v -„(� CJ� �7 N �i � � � � D o� o �•� rn � � � � i� 0o O N CITY OF PALM DESERT Contract#�P.o.# HA29410B P019255 Change Order No. 2 CONSTRUCTION CHANGE ORDER Contingency: YE rvo �ontract Purpose Carlos Ortega Villas Account No. 871-8691-466-4001 ConsultanYs Name Optimus Construction Inc. Pro�ecc rvo. g25-11 address: 440 Western Avenue, Glendale, California 91201 Vendor No. 13425 You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE Optimus COR No. 004- In Contract Price In Contract Price Costs associated with clean up from rain event on September 8, 2014 including removal and disposal of damaged sidewafk, re-grading of building pad and 4,713.82 re-installation of temporary fencing. Change in milestone date for exterior finishes of Building F from April 15, 2015 - - to September 15, 2015. TOTALS: - 4,713.82 NET CHANGE IN CONTRACT PRICE: 4,713.82 JUSTIFICATION: Due to the rain event on September 8, 2014, the site suffered damage from water intrusion from Avenue of the States and required clean up. TOTAL BUDGET FOR PROJECT: + 15,438,259.74 CONTINGENCY: Less: Expend. & Encumb. To Date: - 15,433,545.92 Amount Approved by Council: + 1,542,335.13 Less: This Change Order Amount: - 4,713.82 Less: Prior Change Order(s): - 10,194.53 BALANCE OF BUDGET Less: This Change Order: - 4,713.82 REMAINING FOR PROJECT: 0.00 Balance Remainin of Contin enc : 1,527,426.78 The amount of the Contract will be Increased by the Sum of: Four Thousand Seven Hundred Thirteen Dollars and 82/00($4,713.82). \\srv-fil2k3�groups\PubWorks�PROJECTS�B25-11 Carlos Onega Villas�.Staff Reports�.SR-Opumus OCO 2\Contract Change Order No.2.docx See reverse ... Contract HA29410B Change Order No. 2 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. Change in milestone date for exterior finishes of Building F from April 15, 2015, to September 15, 2015. Revised Contract Total $15,438,259.74. The undersigned Contractor approves the foregoing Change Order No. 2 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 No. 2. 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 {imited to direct and indirect costs and/or damages for delay, disruption, acceleration, (oss 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, CHAIRMAN Date Approved NOTE: No payments will be made prior to Executive Director and Housing Authority approval EXECUTIVE DIRECTOR Date Approved \lsrv•ti12k3k3roups�PubWorks�PROJECTS�825-17 Cados Ortega VillaslSta+f ReporlslSR-Optimus OCO 2\Comract Change Order No.2.docx See reverse ... a � � � • � � • MSA JOB NO.: 1892 • • • � • CARLOS ORTEGA VILLAS-WDID 733C370534 INSPECTION DATE: 09/08/2014 INSPECTION TIME: APPROX.2:00 PM INSPECTION TYPE: FOLLOWING A QUALIFYING RAIN EVENT CURRENT WEATHER: CLOUDY PHASE OF CONST.: SITE GRADING RAIN PREDICTION: 30%-50%CHANCE OF RAIN NOTE:READINGS FROM NEARBY GOVERNMENTAL RAIN GAUGES WILL BE ATTACHED TO THIS REPORT IF PRECIPITATION OR A QUALIFYING RAIN EVENT HAS OCCURRED UP TO 48 HOURS PRIOR TO THE INSPECTION. • • • f � i i �- • : � • t i � • • : !P � � ODORS ❑ SEDIMENT DISCHARGE � FLOATING MATERIAL � NON-STORMWATER DISCHARGE � SUSPENDED MATERIAL � CONTAMINATION POTENTIAL � SHEEN � IMPROPER MATERIAL STORAGE � DISCOLORATION � OTHER CONDITIONS REQUIRING ATTENTION BASED ❑ ON THE RISK LEVEL 1 REQUIREMENTS(ATTACHMENT C) TURBIDITY • � � • � � ' ! ' � THE FOLLOWING CONDITIONS REQUIftE ATTENTION: Erosion impacts caused by run-on from Avenue of the States(off-site)were observed following a Qualifying Rain Event.These impacts were not caused due to a BMP deficiency.Repair actions are underway. • e THE FOLLOWIN6 CORRECTIVE ACTIONS SHOULD BE IMPLEMENTED: Restore the wind fence and silt fence.Perform sweeping of any remaining sediment immediately north of the project. NOTE: THE VISUAL OBSERVATIONS PERFORMED BY A QSP OR TRAINED INDIVIDUAL DO NOT CONSTITUTE AN EXHAUSTIVE ASSESSMENT OF THE PROIECT SITE AND DO NOT WHOLLY ELIMINATE UNCERTAINTY REGARDING A POTENTIAL DEFICIENCY OR SHORTCOMING ASSOCIATED WITH THE CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES. THE PRACTICE RECOGNIZES REASONABLE LIMITS DUE TO SAFETY,ACCESSIBILITY AND VISIBILITY CONDITIONS DURING THE INSPECTION. • � s • • INSPECTOR: JESUS HERRERA-CORTES _... _ __ _ ROLE: Q$p _ _ ___ _ __ _ __ _ _ QUALIFICATIONS: TRAINED BY QSD/QSP#20152 MSA �ONSULTING, �'�a�'. Q S P C O N TA CT ��a � �-�a��a ■ L�rm SuavBYuro I N F O R M AT I O N: 34200 Bos Hoea Dxrve■Rwrrcxo Mmeas �CA 92270 T�r�xorra(760) 320-98ll � Fwx (760) 323-7893 SWPPP VISUAL INSPECTION FOR RISK LEVEL 1 PROJECT: REGION 7- COLORADO RIVER BASIN