HomeMy WebLinkAboutAGENDA REPORT 2012 0606 CC REG ITEM 10R ITEM 10 R.
'-iity Council fusee incj
MOORPARK CITY COUNCIL ,... ..
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Man
BY: Ky Spangler, Special Projects Consultant
DATE: May 23, 2012 (CC Meeting of 6/6/12)
SUBJECT: Consider Additional Funding for Additional Grading and Paving
Services and Amendment No. 4 to the Agreement with Damar
Construction, Inc. for the Ruben Castro Human Services Center
BACKGROUND & DISCUSSION
The Ruben Castro Human Services Center (RCHSC) is being 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. Damar Construction, Inc. (Damar) was selected as the
lowest responsive and responsible bidder for the Grading and Paving bid package and
a construction agreement was executed on February 25, 2011.
Damar provided site construction services during the spring and summer of 2011 to
grade and certify building pads. Following pad certification, Damar demobilized until the
site was ready for grading of the sidewalks, driveways and parking lot. During this
interim period, minor pavement patching at the emergency generator, which was in the
scope of Damar's work, was needed. In order to avoid a construction delay for the
minor work required, Balfour-Beatty elected to have an available trade, Precision
Plumbing-Mechanical, perform the patching at a cost of $1,123.45 (Attachment 1). This
amount will be deducted from Damar's scope of work and payment schedule.
Similarly, Damar was onsite and available to perform backfill and compaction work
around parking lot light bollards along the north boundary wall which was including in
the scope of work for Santa Clarita Concrete, the trade responsible for the installation of
these bollards. In order to avoid a construction delay for the minor work needed,
Balfour-Beatty elected to have Damar perform the backfill and compaction at a cost of
323
Honorable City Council
June 6, 2012
Page 2
$2,908.11 (Attachment 2). This amount will be deducted from Santa Clarita Concrete's
scope of work and payment schedule.
Lastly, as a result of civil engineering changes necessitated as a result of the addition of
the Spring Road storm drain connection for the site, revisions to Damar's scope of
services are required. Additional grading is needed to accommodate: relocation of
backflow preventers; re-routing of onsite storm drain and domestic water and fire
service lines; installation of an additional sewer line; addition of ribbon gutters in the
parking lot; revisions to the east property line wall footing; and enlargement of the north
and south driveway approaches on Spring Road. The cost for the additional grading
work necessary due to the civil engineering changes is $8,008.08 (Attachment 3). A
recap of the contract revisions to date is below:
Original Contract $411,431.00
Amendment No. 1 $ 33,800.00
Amendment No. 2 $ 7,300.00
Amendment No. 3 (Approved by Council 1/18/12) $ 5,258.00
Current Agreement Amount $457,789.00
Amendment No. 4
Deduction for paving at emergency generator $ (1,123.45)
Backfill & compaction of lights (backcharged to trade) $ 2,908.11
Revisions generated by civil engineering changes $ 8,000.08
Total Amendment No. 4 Amount $ 9,784.74
Revised Agreement Amount $ 467,573.74
The original contingency of $41,143 under Damar's contract has been expended via
previous amendments required to complete work outside of the original scope of work.
The cost for the additional grading services, less the contract deduction, is $9,784.74
and is above the original contract contingency amount. Therefore staff is seeking the
approval of this additional amount.
FISCAL IMPACT
The Fiscal Year 2011/2012 Capital Improvement budget for the Ruben Castro Human
Services Center (Fund 5020) is $11,038,064. To date $6,512,302 has been expended
with $3,465,038 left in encumbrances and $1,060,724 available project balance.
Therefore, no additional funds need to be budgeted for the proposed work at this time.
Sufficient funds exist in the budget to cover this work.
324
Honorable City Council
June 6, 2012
Page 3
STAFF RECOMMENDATION (ROLL CALL VOTE)
Approve additional funding in the amount of $9,784.74 for additional grading services
for the Ruben Castro Human Services Center and authorize the City Manager to
execute Amendment No. 4 in the amount of $9,784.74 to Damar Construction, Inc.,
subject to final language approval of the City Manager and City Attorney.
Attachment 1: Precision Plumbing-Mechanical cost proposal dated March 29, 2012
Attachment 2: Damar Construction cost proposal dated May 9, 2012
Attachment 3: Damar Construction cost proposal dated May 9, 2012
Attachment 4: Amendment No. 4 to Damar Construction, Inc.
325
License#533836
ATTACHMENT 1
#14460
9 0
PRECISION Plumbing - Mechanical
;35"Gab!-,-ill Road M0,cfP,'_';r'-, CA 93"121 • (805) 529-4748 • fax (805) 529-543,33
Jeff Hammond Job 151 COR#15
TO:
Balfour Beatty Construction
300 E. Esplanade Dr. #1120
Oxnard, CA 93036
JOB -6ATF3/29/20121 PURCHASE ORDER NO.
Ruben Castro Patch Upon Receipt
QUANTITY DESCRIPTION PRICE
Provided subcontractor services (R-Help Construction)
to Balfour Beatty to patch back asphalt at electrical
trench in police station parking lot.
Total Cost (see attached Cost Breakdowns) $1,123.00
THANK YOUI
TOTAL
326
ATTACHMENT 2 t.=- ��
May 9, 2012
CONSTRUCTION INC.
Balfour-Beatty CONTRACTOR'S LICENSE NO.722632
300 E. Esplanade Dr,, Suite 1120
Oxnard, CA 93036
Attn: Dennis Kuykendall
RE: Ruben Castro HSC—Moorpark, CA—Bid Pack#2—Grading & Paving
Costs Associated With Backfill of North Site Wall as Directed
Dennis:
As directed by Balfour Beatty, we proceeded with the backfill of the North Site Wall. Please see
the attached spreadsheet and change order worksheet for the cost breakdown showing labor,
equipment, mark-up and bond premium.
Backfill North Site Wall: $2,908.11
In addition to the increase in cost, we are requesting 2 working days for this added work.
Please generate a change order as soon as possible, as this work has been completed.
If you should have any questions, please contact our office at(805) 654-8438.
Sincerely,
Damar Construction, Inc.
i�
aso iscalini
Pstimator
i
JI-02-Costs Associated With North Site Wall Backfill
Enclosure
4773 ORTEGA STREET • VFNTIJRA, CA 93003 • PHONE 805 654-8438 FAX 805 654-8553
327
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a
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� )�l•1u1 E.-rT
(a) Mated p1��(a#AGh-4erf7.ed quantity-W4
100- 80
(b) Labor(attach itemized hours and base rates from
identified prevailing wage schedules) _ t 02 t .-7
(c) General Liability and
Workers' Compensation
insurance, Social Security, Pension and Unemployment
"faxes at actual and verified cost_ jjl
(d) Subtotal 2+5 in�
(e) Subcontractor's overhead and
profit not to exceed 10% of Item (d) r- 1A,
(f) Subtotal 2 o* )
(g) General Contractor's Overhead and
Pront, including extended home office
overhead, not to exceed 15% of Item (d) -7 5 C�
(h) Subtotal 241 32
(i) Bond Premium, not to exceed I% of
Item (h) 2& 7
()) Total 2 O&. I
e, Regardless of whether the cost of the change order is determined
pursuant to 1, 2, or 3, above, in addition to the cost of the material and
labor for deleted items, Contractor shall credit back an appropriate and
reasonable overhead mark-up and the bonding mark up for deleted items.
In addition, in no circumstance shall contractor be entitled to
subcontractor's overhead costs or mark-up where work is performed by
Contractors own forces.
f. Should Contractor claim that any instn,rtion, request, drawing,
spec,fication, action, condition, omission, default, or other situation (i)
obligctes the City of Moorpark to pay additional compensation to the
Conl!,actor; or (ii) obligates the City of Moorpark to grant an extension of
time for the completion of the contract; or (iii) constitutes a waiver of any
provi:-,ion in the contract, CONTRACTOR SHALL NO FIFY THE Cl-re OF
MOC11PARK, IN WRITING_, OF SUCH CLAIM AS SCON AS POS SIE I_U-,
BU f IN NO EVENT WITHIN MORE THAN FIVE (5) WORKING DAYS
Ruben C v. ro Human Services Center 00700 General Conditions
City of Mc hark Pago 27 of It 1
---- 328
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ATTACHMENT 3
6 '
3
'
May 9, 2012
CONSTRUCTION INC.
CONTRACTOR'S LICENSE NO. 722632
Balfour-Beatty
300 E. Esplanade Dr., Suite 1120
Oxnard, CA 93036
Attn: Dennis Kuykendall
RE: Ruben Castro HSC—Moorpark, CA— Bid Pack#2 —Grading & Paving
Costs Associated With IB#9
Dennis:
Per Instruction Bulletin#9 (IB#9)which we received on 5/7/12, we are forwarding the associated
costs due to the civil changes, please see the attached spreadsheets and change order
worksheets for the cost breakdowns showing labor, equipment, mark-up and bond premiums.
We have separated the costs out for the individual items that were changed. They are as
follows:
Cut Subgrade for Added Ribbon Gutter: $2,676.93
Gut Out Additional Sectional Thickness For Turn-outs: $782.48
Gut Out Additional Sectional Thickness For Trash Pad Approach: $391.24
RemovelRecompact Spoils Due To Grade Changes-N/E Parking: $4,149.43
In addition to the increase in costs, we are requesting 3 working days for this added work.
If you should have any questions, please contact our office at (805) 654-8438.
Sincerely,
Damar Construction, Inc.
� orrFiscalini
stimator
\j 11-02-Costs Associated I B#9
Enclosure
4-/73 ORTFGA STREET • VENTURA, (,A 93003 PHONE B05 654-8438 ' F=AX 805 0154 8553
329
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7
(b) Labor(aTGd) hem, cJ hours and boue rates �om
identified Prevailing wage schedules)
&\ Gamand LjabUAyand
Woda�m' CumpansaKm
|nsu/anoa. Social Security, Pension and Unemployment
Taxes aA actual and vohfiedooni
�
(d) Sub|oa|
(�\ Subonntnanu�soverhcodand
` ' `
profit not&o exceed 1O% of Item /d\ /u/'`
/D Subtotal 2 IF
(g) Gmmm/ Contractor's Overhead and
PnoMl, including extended home o0oo
overhead, not tn exceed 15% {f Item (d)
(h) Subtotal 2 47 s
� 0 �� Pmmium. n��o��d 1� of
' ``
Item (h)
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e. Regundlanu of whether the cost of the change order is determined
pursuant to 1, 2, or 3, above, in addbon to the cost of the ma1nhu} and
labor for deleted items, Contractor shall credit bank an appropriate and
reasonable overhead mark-up and the bonding mark up for deleted items.
In sdUition, in no circumstance shall montruutor be mnhUud to
Subcontractor's overhead costs or mark-up where work is performed by
Contsantur'o own forces.
f. 8hou|d Contractor claim that any insbochon, requext, drowring,
spe*hoabnn, ucUon, oundibon, omisskzn, dofau/t, or other situation (i)
obligates the City of Moorpark io pay additional compensation to the
Con1/ao1or; or (U) ub||Oates the City of Moorpark 10 grant an extension of
time for the completion of the oonhaot or (iii) 000sUhuton awajve/ of aoy
pnuxijoo in the onnhoot, CONTRACTOR SHALL NOT|FYTHE C|TY OF
MOORPARK. . OF SUCH CLAIM AS SOON AS P{JS3|8LE.
BUT V NO EVEN'F VV|FHiN MORE THAN FIVE: (5) VVOA0NQ DAYS
RuUenCus,ro Human SomioocCenter D07DD General Conditions
City of %oc;Park Page 27 nf41
330
JuT At7vVT1C-A6(_
TVA LJT'7
(r6)u1
(a)
unit eest phj6 1--oj- 00
(b) Labor(attach itemized hours and base rates from
.13
identified prevailing wage schedules)
(c) General Liability and
Workers' Compensation
Insurance, Social Security, Pension and Unemployment
Taxes at actual and verified cost.
(d) Subtotal
(e) Subcontractor's overhead and
profit not to exceed 10% of Item (d) A
(0 Subtotal 7 3 , Q5
(g) General Contractors Overhead and
Profit, including extended home office
overhead, not to exceed 15% of Item (d)
(h) Subtotal
(I) Bond Premium, not to exceed I% of
Item (h)
Total ?2Z L4 22
0. Regardless of whether the cost of the change order is determined
pursuant to 1, 2, or 3, above, in addition to the cost of the material and
labor for deleted items, Contractor shall credit back an appropriate and
reasonable overhead mark-up and the bonding mark up for deleted items.
In addition, in no circumstance shall contractor be entitled to
subcontractor's overhead costs or mark-up where work is performed by
Contractor's own forces.
I. Shot,!(] Contractor claim that any instruction, request, drawing,
spec r�ication, action, condition, omission, default, or other Situation (I)
oblig,,-rtes the City of Moorpark to pay additional compensation to t'lie
Contractor; or (4) obligates the City of Moorpark to grant an extension of
time for the completion of the contract-, or (iii) constitutes a waiver of any
prov:-,ion in the contract, CONTRACTOR SHALL NO?IFY THE CITY OF
MGORPARK, IN.-WRITINQ, OF SUCH CLAN AS SOON AS POSSIBLE,
BUT IN NO EVENT WITHIN MORE THAN FIVE (5) WORKING DAYS
Huben Ciic. m Human Services Center 00700 General Condition,,-,
_tyof Mot 'park
age P7 of 41
331
(. ,rr 00T 14tvrvb_. Au 5ECr/0ti)
fi
(a) Ma at{attaGh-4ea4aedquef�tity*n4
sal es twE
} -79 . 0
(b) Labor(attach itemized hours and bast; rates from
identified prevailing wage schedules) �?
(c) General Liability and
Workers' Compensation
Insurance, Social Security, Pension and Unempioyrnent
Taxes at actual and verified cost. 95.5:b
(d) Subtotal 3310. x}
(e) Subcontractor's overhead and
profit not to exceed 10% of Item (d)
(f) Subtotal (�,, �b
(g) General Contractor's Overhead and
Profit, including extended home office
overhead, not to exceed 15% of item (d)
(h) Subtotal 3f 3-7
(i) Bond Premium, not to exceed 1% of
Item (h) 3. �7
Q} Total —_ .24----- _
e. Regardless of whether the cost of the change order is determined
pursuant to 1, 2, or 3, above, in addition to the cost of the material and
labor for deleted items, Contractor shall credit back an appropriate and
reasonable overhead mark-up and the bonding mark up for deleted items.
In addition, in no circumstance shall contractor be entitled to
subcontractor's overhead costs or mark-up where work is performed by
Contractor's own forces.
f. Should Contractor claim that any instruction, request, drawing,
specoication, action, condition, omission, default, or other situation (1)
obiig<t.tes the City of Moorpark to pay additional compensation to the
Contractor; or (i1) obligates the City of Moorpark to grant an extension of
tirre 'or the completion of the contract; or (iii) constitutes a waiver of any
prnv:.-Jon in the contract, CONTRACTOR SHALL NO-riFY THE CITY OF
MOORPARK, IN WRITING, OF SUCH CLAIM AS SCON AS POSSIBLE,
BU L IN NO EVENT WITHIN MORE "THAN FIVE (5) WORKING DAYS
Ruben Gr,-io Human Services Center 00700 General Conditions,
City -if MO, -park Page 27 of 41
332
{�LGMIJV�f���.vr'1�IRc� '�PostS sV 0E 'F0
5-ou� M�+F
(a) h-+teFAIFed-qtfaftt+t -
' 1 9 9 . _5L
(b) Labor(attach itemized hours and base rates from
identified prevailing wage schedules) 1,02-1 .7(�
(c) General Liability and
Workers' Compensation
Insurance, Social Security, Pension and Unemployment
Taxes at actual and verified cost.
(d) Subtotal
(e) Subcontractor's overhead and
profit not to exceed 10% of item (d) t-A�A
(f) Subtotal 3.5-72.`1 5
(g) General Contractor's Overhead and
Profit, including extended home office
overhead, not to exceed 15%of Item (d) X35 •Q,`J
(h) Subtotal
(i) Bond Premium, not to exceed 1%of
Item (h) y i . O�
0) Total ( 14`1
f
e. Regal diess of whether the cost of the change order is determined
pursuant to 1, 2, or 3, above, In addition to the cost of the material and
labor for deleted items, Contractor shall credit back an appropriate and
reasonable overhead mark-up and the bonding mark up for deleted items.
In addition, in no circumstance shall contractor be entitled to
subcontractor's overhead costs or mark-up where work is performed by
Contractor's own forces.
f. Should Contractor claim that any instruction, request, dravving,
sp c !ication, action, condition, omission, default, or other situation (i)
oblig-stns tho City of Moorpark to pay additional compensation :o thn
Ccn'-actor; or (ii) obligates the City of Moorpark to grant an extension of
time `:.>r the completion of the contract; or (iii) comstitastes a waiver of ;_any
prs iv, ,ion in tha contract, CONTRACTOR. SHALL NO i IFY THE Cff Y OF
P✓1C'X I"WARK, IN WRITING_, OF SUCH CLAIM AS SCON AS POS11_301,_E,
DI_111- IN NO EVENT WITHIN MORE THAsIN FIVE (5) WORKING C)AYS
C,I,.:o human Servicos Center 00700 Gemeral Conditirans
PmFe 27 of 41
333
ATTACHMENT 4
FOURTH AMENDMENT TO AGREEMENT 2011-061
FOR BID PACKAGE #1 — GRADING AND PAVING
AT THE RUBEN CASTRO HUMAN SERVICES CENTER
THIS FOURTH AMENDMENT TO THE AGREEMENT FOR BID PACKAGE #16 —
ELECTRICAL ("Fourth Amendment"), is made and entered into this day of
, 2012, ("the Effective Date") between the City of Moorpark, a
municipal corporation, hereinafter referred to as "CITY", and Damar Construction, Inc., a
California corporation, hereinafter referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, on February 25, 2011, the CITY and the CONTRACTOR entered
into an Agreement for grading and paving for the Ruben Castro Human Services
Center; and
WHEREAS, on May 11, 2011, the CITY and the CONTRACTOR executed a First
Amendment in an amount not-to-exceed thirty-three thousand eight hundred dollars
($33,800.00) for additional grading and paving for the Ruben Castro Human Services
Center increasing the total not-to-exceed amount to four hundred forty-five thousand
two hundred thirty-one dollars ($445,231.00); and
WHEREAS, on December 28, 2011, the CITY and the CONTRACTOR executed
a Second Amendment in an amount not-to-exceed seven thousand three hundred
dollars ($7,300.00) for additional grading work for the Ruben Castro Human Services
Center increasing the total not-to-exceed amount to four hundred fifty-two thousand five
hundred thirty-one dollars ($452,531.00); and
WHEREAS, on February 6, 2012, the CITY and the CONTRACTOR executed a
Third Amendment in an amount not-to-exceed seven thousand three hundred dollars
($5,258.00) for additional grading work for the Ruben Castro Human Services Center
increasing the total not-to-exceed amount to four hundred fifty-seven thousand seven
hundred eighty-nine dollars ($457,789.00); and
WHEREAS, the CITY wishes to further amend the Agreement to include the
deduction for asphalt patching at the location of the emergency generator performed by
a separate trade at a deductive cost not-to-exceed one thousand one hundred twenty-
three dollars and forty-five cents ($-1,123.45) as described in the Change Order
Proposal dated March 29, 2012, and incorporated herein as Exhibit A to this Fourth
Amendment; and
WHEREAS, the CITY wishes to further amend the Agreement to include backfill
and compaction of light standards along the north property line concrete masonry unit
(CMU) wall with the cost to be deducted from a separate trade at a cost not-to-exceed
334
two thousand nine hundred eight dollars and eleven cents ($2,908.11) as described in
the Change Order Proposal dated May 9, 2012, and incorporated herein as Exhibit B to
this Fourth Amendment; and
WHEREAS, the CITY wishes to further amend the Agreement to include various
grading and paving changes to the site generated by revisions made by the civil
engineer of record for the Ruben Castro Human Services Center at a cost not-to-
exceed eight thousand dollars and eight cents ($8,000.08) as described in the Change
Order Proposal dated May 9, 2012, and incorporated herein as Exhibit C to this Fourth
Amendment; and
WHEREAS, this total dollar amount of $9,784.74 exceeds of the ten percent
(10%) contingency amount approved with the original Agreement; and
WHEREAS, on June 6, 2012 the City Council of the City of Moorpark approved
additional funding for these grading and paving services.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto AMEND the aforesaid Agreement follows:
I. Section 2 of the Agreement is amended to include:
CONTRACTOR'S Scope of Services is amended to include the labor, materials,
and equipment required to:
• deduct the labor and materials required to perform asphalt patching at the
location of the emergency generator per the request of the Construction
Management team, and per Change Order Request dated March 26, 2012
(2.04); and
• backfill and compact soils around light bollards and north boundary property line
CMU wall per the request of the Construction Management team, and per
Change Order Request dated May 9, 2012 (2.05); and
• cut sub-grade, regrade, backfill and compact soil around revised driveway
entrances, parking lot areas, and for cutting the sub-grade around for added
ribbon gutter per the changes made by the civil engineer of record and directed
in Instructional Bulletin #9, and per Change Order Request dated May 9, 2012
(2.06).
The Scope of Services for the additional grading and paving work is described on
the Change Order requests dated March 26 and May 9, 2012 respectively, attached
hereto and incorporated herein as Exhibits A, B and C to this Agreement by this Fourth
Amendment.
Construction Agreement Page 2 of 3
Fourth Amendment Between City of Moorpark and Damar Construction, Inc. 335
II. Section 7 of the Agreement is amended to include:
CITY hereby increases the not-to-exceed amount of $457,789.00 under this
Agreement by $9,784.74 to $467,573.74.
III. Remaining Provisions
All other terms and conditions of the original Agreement shall remain in full force
and effect.
CITY OF MOORPARK DAMAR CONSTRUCTION, INC.
By: By:
Steven Kueny Erbie Daw
City Manager President
ATTEST:
Maureen Benson, City Clerk
Exhibit A — Precision Plumbing's Change Order Proposal dated March 29, 2012 (2.04)
Exhibit B — Contractor's Change Order Proposal dated May 9, 2012 (2.05)
Exhibit C — Contractor's Change Order Proposal dated May 9, 2012 (2.06)
Construction Agreement Page 3 of 3
Fourth Amendment Between City of Moorpark and Damar Construction, Inc. 336