HomeMy WebLinkAbout1986-07-08; City Council; 8119-14; Central Business Storm Drain Change Order No 3 and Notice of CompletionOF CARLSBAD - AGENF BILL 4s/if(&
AB« Fin-'*/y
MTG 7/08/86
DEPT MP
TITLE:
CENTRAL BUSINESS
CHANGE ORDER NO.
OF COMPLETION
RECOMMENDED ACTION:
STORM DRAIN
3 AND NOTICE
DEPT. HD.J^H^L
r,TY ATTY\J ^5
CITY MGR._2JMr
V
amending Contract No. 3085, CentralAdopt Resolution No.
Business Storm Drain, by approving Change Order No. 3 and appropriat-
ing additional funds in the amount of $67,301.57.
Accept the construction of Contract No. 3085, Central Business Storm
Drain, as complete. Direct the City Clerk to have the Notice of
Completion recorded.
Qui
OCEQ_
a.
ITEM EXPLANATION
On August 27, 1985 Council approved Change Order No. 2 on this
project. At that time, Council was told some additional changes
were likely due to unforseen problems. Some additional problems
did occur. A large oil dump had to be removed; large amounts of
debris (including abandoned steel pipe, 55 gallon drums and old
car bodies) were uncovered and had to be removed and hauled to the
dump and some existing sewer laterals conflicted with the storm
drain and had to be rebuilt.
Also, the plans were revised to lower the grade of the alley in
order to properly drain adjacent properties. This resulted in
extra excavation and rebuilding of five driveways.
The Central Business Storm Drain was essentially completed in
November, 1985. The City Inspector prepared a punch list of
corrections required on November19, 1985. The contractor finally
returned in March, 1986 and satisfactorily completed all corrections,
The City Inspector verified that the job was completed on-March 24,
1986. Staff therefore recommends approval of the Notice of
Completion.
During construction the contractor refused to negotiate change
orders for required additional work. Due to the history of this
project, staff permitted the work to continue in order to keep
the contractor on the job. The contractor did not submit a claim
for payment for additional work until January, 1986. The claim
was lengthy, complex and much of it was unacceptable. A change
order was sent to the contractor on February 25, 1986 which the
contractor refused to discuss or sign. Finally in May, 1986, the
contractor indicated he wished to settle the matter and met with
staff on May 7, 1986. Negotiations were completed and full
settlement reached on June 5, 1986. Following is a summary of
the claim and recommended settlement:
OO
Page 2 of Agenda Bill No. <?\ ft -
Contractor
Claim Settlement
1. List of work for Change Order $ 95,196.12 $ 67,301.57
2. Additional asphalt pavement
and base $ 40,752.22 $ -D-
TOTALS: $135.948.34 $ 67.301.57
Staff maintained that the claim for additional asphalt and base must be
rejected because, according to the contract, payment for those items was
included in other items of work.
A significant part of the above settlement is that the contractor has
dropped this claim and agrees not to pursue the matter further. Staff
recommends approval of Change Order No. 3 in the amount of $67,301.57 as
full settlement of all claims by the contractor for this project.
FISCAL IMPACT
The original contract amount for this project was $693,480.20. Two
previously approved change orders increased the contract amount to
$995,235.80. This Change Order of $67,301.57 brings the final contract
amount to $1,062,537.37. An additional appropriation of $67,301.57 is
required. The funds will be loaned from the General Capital Construction
fund to the Redevelopment Agency. This project will be repaid to the City
from Redevelopment funds.
EXHIBITS
1 . Location Map
2. Change Order No. 3 with Release and Settlement of Claim attached
3. Resolution No. f(o ££~~ amending Contract No. 3085, Central Business
Storm Drain, by approving Change Order No. 3 and appropriating
additional funds in the amount of $67,301.57.
4. Notice of Completion
LOCATION MAP
CITY MAP BOOK PAGE /
PROJECT NAME
CENTRAL BUSINESS STURM OKAIN
PROJ.
NO.EXHIBIT!
/
CITY OF CARLSBAD
PUBLIC WORKS PROJECT CHANGE ORDER
(More than $5,000)
CONTRACT NO. 3085 PURCHASE ORDER NO. 12601 BUDGET NO.
CONTRACTOR'S NAME PETER C. DAVID COMPANY
PROJECT NAME AND NO. CENTRAL BUSINESS STORM DRAIN, NO. 3085
CITY ENGINEER CHANGE ORDER NO. THREE (3)
The contractor is directed to make the following changes. Changes shall
include labor, materials and equipment; payment stated on this change order
includes all charges, direct or indirect, arising out of this additional
work. The requirements of the specifications, where pertinent and not in
conflict with this order, shall apply to these changes.
Payment under this change order is in full satisfaction of all claims for
extra work arising from this contract. The Release and Settlement,
attached hereto, is made a part of this change order.
CHANGE;
1. Remove unstable ground at Dragmaster. Remove debris
and unclassified material at Bauer Lumber. $15,795.93
2. Lower alley grade; regrade Bauer and Mission Electric
yards; reconstruct five (5) drive entrances. 36,064.91
3. Perform survey to establish new alley grades. 4,310.62
4. Relocate and rebuild five (5) sewer laterals and one
water service. 6,008.34
5. Lower five (5) manholes; install steel plate on clean-
out structure. 4,687.75
6. Install additional fence at Bauer Lumber. 434.02
TOTAL $67,301.57
REASON FOR CHANGE;
1. Unforeseen circumstances. Ground saturated with oil wastes was
unstable and required removal. Also uncovered was debris, including
abandoned steeL pipe drains, old car bodies and 55 gallon drums.
- 2 -
2. The alley grades, as originally designed, did not provide adequate
drainage for adjacent properties. The grade was lowered requiring
additional excavation work. Two properties also required additional
grading to drain. Five drive entrances required regrading and repaving
to match the new alley.
3. Extra survey work required due to the revision of the alley grade.
4. Existing sewer laterals and one water service were in conflict with the
storm drain and had to be relocated.
5. Steel plate required due to reduced clearance. Five existing manholes
had to be lowered to match the new alley surface.
6. Actual measured quantity of fence installed was slightly greater than
estimated quantity in contract.
COST:
Total this extra $67,301.57
Previous net changes $ 301,755.60
Original contract amount ?693,480..20
New contract total $1,062,537.37
TIME CHANGE;
Previous add/deduct days
Original contract days
New contract time
Approved by City Council on;
CITY OF CARLSBAD
Mayor Date
CONTRACTOR
(This change order is not effective unless signed by the Mayor.)
RECEIVED
RELEASE AND SETTLEMENT OF CLAIM
Sixty-seven
JULO^ISSG
CITY OF CARLS3AEFOR THE SOLE CONSIDERATION of
one and'57/100 __^_
Xawful money of the United States, to me/us in hand paid by the
City of Carlsbad the receipt of which is
hereby acknowledged,I/we Peter C. David Company residing at
13831 Newhojpe Aveftue, Garden Grove, California 92643
of lawful age, DO HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE
City of Carlsbad from any and all actions, causes of
being
the
action^claimsand demands,damages, costs, loss of services, expenses
and compensation on account of or in any way growing out of any and
all known and unknown costs resulting or to result from performance
of the contract for the construction of the Central Business Storm
Drain (Contract No. 3D85)and do hereby covenant with - the
City of Carlsbad to indemnify and save harmless from all claims and
demands,costs,loss of services, expenses and compensation on account
of or in any way growing out of said performance of the contract .
It is expressly understood and agreed that all rights under
Section 1542 of the Civil Code of the State of California are hereby
waived, which section reads as follows:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially
affected his settlement with the debtor."
It is expressly understood and agreed that the acceptance of the
said amount of sixty-seven thousand, three hundred one and 57/100
dollars ($ 67,301.57 1is in full accord and satisfaction of a
disputed claim, and" that the payment of the said sum of sixty-seven
thousand, three hundred one and 57/100 dollars
( ? 6*7,301.57""]| is not an admission o£ ^liability.
Date:
STATE OF CALIFORNIA
COUNTY OF ORANGE
On this
appeared //^
ss.
/Mf _, 1986, before me personally
to me known to be the
pers,onl described herein, and who executed the foregoing instrument,
and / / ilLk ' acknowledged that
UOAUdMK*c-oorLonmiCCOUNTY
executed -the same.
Notary Public
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RESOLUTION NO.8655
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CONTRACT NO. 3085,
CENTRAL BUSINESS STORM DRAIN BY APPROVING CHANGE
ORDER NO. 3 AND APPROPRIATING ADDITIONAL FUNDS.
WHEREAS, Contract No. 3085 was awarded by the City Council to the Peter
C. David Company on August 7, 1984 in the amount of $693,480.20, Change Order
No. 1 was approved by Council on June 4, 1985, and Change Order No. 2 was
approved by Council on August 27, 1985.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. Change Order No. 3 in the amount of $67,301.57 on file in the
Engineering Department is hereby approved.
3. Funds in the amount of $67,301.57 are hereby loaned to the
Redevelopment Agency from the General Capital Construction fund at an annual
interest rate of 10% per annum to be repaid to the General Capital
Construction fund from tax increment revenues received by the Agency. These
funds ar hereby appropriated to Account No. 810-820-3410-3085.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 8th day of July , 1986 by the following vote, to
wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None > /
-
ATTEST.MARY H. C^SLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
Recording Requested By and Return To:
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
NOTICE OF COMPLETION
ENGINEERING
To All Laborers and Material Men and to Every Other Person
Interested:
YOU WILL PLEASE TAKE NOTICE that on March 24, 1986, the
Engineering project consisting of the construction of the
Central Business Storm Drain (Project No. 3085) on which
Peter C. David Company was the Contractor, and The Ohio
Casualty Insurance Company was the surety, was completed.
CITY OF CARLSBAD
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City
Council of said City on ^j~u t^y /** , 1986, accepted
the above described work as completed and ordered that a
Notice of Completion be filed.
I declare under penalty of perjury that the foregoing
is true and correct.
Executed on 4^^ ^ , 1986 at Carlsbad,
California. f/
CITY OF CARLSBAD
<7\,
ALETHA L. RAUTENKRANZ
City Clerk