HomeMy WebLinkAboutAGENDA REPORT 2013 1106 CCSA REG ITEM 10R ITEM 10.R.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL of � poi 3 _
AGENDA REPORT ACTION: a
TO: Honorable City Council DYL
FROM: Hugh R. Riley, Assistant City Manager
DATE: October 25, 2013 (CC Meeting of 11/06/13)
SUBJECT: Consider Amendment Number 7 for Contract No. 2011-107 with
Standard Drywall, Inc. for the Ruben Castro Human Services Center
and Authorizing Release of Contract Retention for the Completed
Work
BACKGROUND & DISCUSSION
The Ruben Castro Human Services Center (RCHSC) was constructed as a multiple-
prime contract project with construction management provided by Barnhart Balfour
Beatty Construction (Balfour-Beatty). Bids were solicited from trades in September,
2010, opened on October 21, 2010 and bids were awarded by the Moorpark City
Council on January 19, 2011. Standard Drywall, Inc., (SDI) was selected as the lowest
responsive and responsible bidder for the Finishes bid package and a construction
agreement was executed on April 12, 2011. The original contract amount was for
$2,175,000 with a contingency amount of $217,500.
The design of the RCHSC included an exterior trellis element to provide both
architectural interest and shaded areas to reduce direct afternoon sunlight into building
windows and offer shaded retreats for patrons visiting the center. The architect
specified a composite material called "Trex" for the construction of the sunshade
element.
During the final exterior construction and installation of the Trex onto the steel outrigger
supports, a concern was raised by Balfour-Beatty's construction team about the span
distances for this material and bending and twisting which was being seen.
Subsequently, the Trex material was rejected by the City and a agreement was reached
with HMC Architects (HMC) to compensate the City for the materials and labor involved
with the Trex installation.
Balfour-Beatty, together with City staff, sought out alternative materials, including
different sizes and thicknesses of tube steel, angle iron, and "C" channel to replace the
original Trex composite lumber. While material and pricing costs were being collected,
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Honorable City Council
November 6, 2013
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Balfour-Beatty also researched a manufacturer called Airolite, which produces a number
of sunshade products including louvers, grilles, and other sun control applications.
Balfour-Beatty compiled pricing for the various alternative materials and labor from the
structural steel contractor, Steelcon, Inc. Additionally, Balfour-Beatty obtained costs for
the installation of the Airolite product from two other trades who hold licenses required
to install this specific product; Best Contracting, Inc., and Standard Drywall, Inc. SDI
presented the most competitive cost for installation of the Airolite sunshades. A recap
of the alternative materials and costs, including labor, is provided below:
Material Cost
1x1 x.122 tube steel $148,329.99*
1 x1 x.166 tube steel $161,592.10*
2x2x.188 tube steel $176,537.22*
2x4x.188 tube steel $202,434.04*
2x4x.250 tube steel $222,365.96*
3x3x1/4 steel angle (8 per bay used with TREX) $102,971.41*
3' C Channel (4 per bay used with TREX) $99,421.25*
2x4 unfinished aluminum $174,725.39*
6063 T52 Alum 2x4x1/8" tube $135,653.18*
Airolite Sunshade System by SDI $160,772.00**
*Cost does not include freight or engineering
**Includes deduct for uninstalled TREX labor. TREX
material turned over to City.
Based on factors including the original design appearance intent, ability to attach to the
existing outriggers, labor cost for installation, and future maintenance costs, City
representatives and Balfour-Beatty concurred that the Airolite sunshade product would
be the overall superior choice of the various alternatives available to replace the Trex
composite material.
On December 19, 2012 the City Council authorized additional funding and approved
Amendment No. 5 to the original contract with SDI. On October, 2013, SDI submitted
shop drawings (Plans) to the City Building and Safety Division for the Airolite material
installation. The Plan review required a review of the existing steel support structure for
the sunshade installation and, subsequently, new structural calculations. On October 7,
the City obtained a proposal from TTG Engineers to complete the new structural
calculations and that work has been authorized at a cost of $1,200.
Actual construction included in Contract 2011-107 (to be considered as Phase A)
excluding Amendment No. 5 for the Sunshade installation (to be considered as Phase
B) was completed by SDI on October 1, 2012. On October 8, 2013, the original 10%
contract retention of $230,824.48 was reduced to 5% and $115,412.24 was released to
SDI leaving a 5% retention balance of $115,412.24 for the original contract.
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Pursuant to Public Contract Code section the final payment of ten percent (10%) of the
value of work done under this agreement, if unencumbered, shall be made within sixty
(60) days after the date of completion of the work, provided however, that in the event of
a dispute between the City of Moorpark and the Contractor, the City of Moorpark may
withhold from the final payment an amount not to exceed one hundred and fifty percent
(150%) of the disputed amount. Completion means any of the following as provided by
Public Contract Code section 7107:
1. The occupation, beneficial use, and enjoyment of a work of improvement,
excluding any operation only for testing, startup, or commissioning, by the
public agency, or its agent, accompanied by cessation of labor on the work of
improvement.
Considering actual construction included in Contract 2011-107 (Phase A) inclusive of
previously approved Amendments 1, 2, 3, 4, and 6 is completed based upon occupancy
and beneficial use of the Project by the City on October 1, 2012 and in compliance with
Public Contract Code section 7107, release of remaining retentions with the exception
of an amount equal to the additional scope remaining (Amendment # 5 — Phase B) is
mandated.
FISCAL IMPACT There is no fiscal impact from this action. Funds for Phase B have
already been appropriated.
STAFF RECOMMENDATION
1. Approve Amendment No. 7 considering actual construction included in Contract
2011-107 inclusive of previously approved Amendments 1,2,3,4 and 6 as construction
Phase A and considering actual construction included in previously approved
Amendment # 5 (exterior shade structure element) as Phase B.
2. Consider actual construction included in Contract 2011-107 inclusive of
previously approved Amendments 1,2,3,4 and 6 (Phase A) as complete and in
beneficial use by the City commencing on October 1, 2012 and authorize the City Clerk
to approve the release of remaining contract retention balance for Phase A of
$115,412.24.
Attachment 1: Amendment No. 7
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ATTACHMENT 1
SEVENTH AMENDMENT TO AGREEMENT 2011-107
FOR BID PACKAGE #12 — FINISHES
AT THE RUBEN CASTRO HUMAN SERVICES CENTER
THIS SEVENTH AMENDMENT TO THE AGREEMENT FOR BID PACKAGE #12 —
FINISHES ("Seventh Amendment"), is made and entered into this day of
, 2013, ("the Effective Date") between the City of Moorpark, a
municipal corporation, hereinafter referred to as "CITY", and Standard Drywall, Inc., a
California corporation, hereinafter referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, on April 12, 2011, the CITY and the CONTRACTOR entered into an
"Agreement" for finishes for the Ruben Castro Human Services Center; and
WHEREAS the CONTRACTOR has executed six previous Amendments to the
Agreement totaling an amount not-to-exceed two hundred eighty seven thousand, one
hundred forty five dollars and sixty five cents ($287,145.85) increasing the total not-to-
exceed amount to two million four hundred sixty two thousand five hundred fifty nine
dollars and sixty five cents ($2,462,145.85) for finishes for the Ruben Castro Human
Services Center; and
WHEREAS, the CITY wishes to further amend the Agreement to consider that
portion of the Agreement inclusive of the original agreement amount and previous
approved Amendments 1, 2, 3, 4 and 6 totaling an amount not-to-exceed two million three
hundred and one thousand three hundred seventy three dollars and eighty five cents
($2,301,373.85) as Phase A and that the portion of work inclusive of previous approved
Amendment 5 for modifications to the exterior trellis feature in an amount not-to-exceed
one hundred sixty thousand seven hundred seventy two dollars and zero cents
($160,772.00) as Phase B.
WHEREAS, on , the City Council of the City of Moorpark
approved modification of the Agreement as the Seventh Amendment, and
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto AMEND the Agreement follows:
I. Section 2 of the Agreement is amended to include:
Contractor's Scope of Services is amended to include only the remaining scope of
services described in the Fifth Amendment of the Agreement as Phase R.
Construction Agreement Page 1 of 2
Seventh Amendment Between City of Moorpark and Standard Drywall, Inc. 3 4 8
II. Section 7 of the Agreement is amended to include:
CITY hereby considers that work inclusive of the original Agreement inclusive of
Amendments 1, 2, 3, 4 and 6 as Phase A and considers that work inclusive of Amendment
6 as Phase B.
III. Remaining Provisions
All other terms and conditions of the original Agreement and all other amendments
shall remain in full force and effect, except to the extent modified by this Seventh
Amendment.
CITY OF MOORPARK STANDARD DRYWALL, INC.
By: By:
Steven Kueny David J. Dearborn
City Manager Project Manager
ATTEST:
Maureen Benson, City Clerk
Construction Agreement Page 2 of 2
Seventh Amendment Between City of Moorpark and Standard Drywall, Inc. 3 4 9