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HomeMy WebLinkAbout2011-05-24; City Council; 20555; CONTRACT WIDENING OLIVENHAIN RD RANCHO SANTA FE RDCITY OF CARLSBAD - AGENDA BILL 8 AB# 20,555 MTG. 05/24/1 1 DEPT. IRAN APPROVE AN INCREASE IN THE CONTRACT AMOUNT, AUTHOKIZt me CITY MANAbfcR TO SIGN CHANGE ORDER 17, AND RECORD A NOTICE OF COMPLETION OF CONTRACT FOR THE CONSTRUCTION OF THE WIDENING OF OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD, PROJECT NO. 3860-1 DEPT. DIRECTOR ^Z/- CITY ATTORNEY /fj^ CITY MANAGER ,u^ — RECOMMENDED ACTION: Adopt Resolution No. 2011-105 approving an increase in the contract amount and authorizing the City Manager to sign Change Order 17 for the Widening of Olivenhain Road and Rancho Santa Fe Road, Project No. 3860-1. Adopt Resolution No. 2011-106 accepting the contract for construction of the Widening of Olivenhain Road and Rancho Santa Fe Road, Project No. 3860-1, as complete, and directing the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and City Ordinances. ITEM EXPLANATION: On May 15, 2007, the City Council awarded a contract to Daley Corporation (Daley) in the amount of $3,934,865 for the construction of the Widening of Olivenhain Road and Rancho Santa Fe Road, Project No. 3860-1. Daley began construction in August 2007 with an original completion date of May 2008. Daley substantially completed the contract work on February 2, 2009. Upon completion of the work, Daley presented a notice of potential claim in accordance with Section 3-5, Disputed Work, of the General Provisions of the contract. Daley claimed they encountered unforeseen conditions, incurred delays, and completed extra work during construction. Their claim stated the groundwater and existing storm drain encountered east of the Rancho Santa Fe Road and Olivenhain Road intersection was unforeseeable and that their dewatering operations and remedial work should be compensated as extra work. Their claim was analyzed by staff and a third party scheduling expert. Upon extensive review of the claim it was determined that Daley's claim had merit and they were owed additional compensation. City staff and Daley have agreed to recommend a final payment amount of $80,065. Processing a final change order, Change Order 17, will constitute resolution of the claim and disputed work as required by Section 3-5 of the General Provisions of the contract documents. In order to process a final change order, Change Order 17, in the amount of $80,065 and close out the project, it is necessary to increase the contract amount by $75,372. Upon authorizing an increase in the contract amount, Change Order 17 will be processed and a notice of completion filed with the County Recorder's office. DEPARTMENT CONTACT: John Maashoff, (760) 602-2796, john.maashoff@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ,/ D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Dnnn Page 2 City staff has inspected the work and found it to be satisfactory. Staff recommends that City Council increase the contract amount and accept the improvements. ENVIRONMENTAL IMPACT: In 2003, a Mitigated Negative Declaration (MND) was adopted for this project by the Olivenhain Municipal Water District, which served as lead agency on the project. As responsible agency, the City of Carlsbad determined the MND adequate upon its approval of the street widening project and the improvement plan for the water district's campus in 2004. The approval of a Notice of Completion is a ministerial process and is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15268 of the State CEQA Guidelines. FISCAL IMPACT: The revised total cost of construction for the Widening of Olivenhain Road and Rancho Santa Fe Road, Project No. 3860-1 is shown in Table 1. This table reflects payment of Change Order 17 and increasing the contract amount by $75,372. TABLE 1 Construction Award: Construction Contingency: Total Award: Construction Expenditures to Date: Change Order 17 Amount Remaining on Contract Increase in Contract Amount Remaining Balance: $ $ $ $ 3,934,865 393,487 4,328,352 4,323,659 $ $ $ $ 80,065 4,693 75,372 0 As shown in Table 2, sufficient funds of $1,138,945 are available in the project budget to accommodate the increase in the contract amount of $75,372. TABLE 2 TASK DESCRIPTION Design Construction, Inspection, Materials Testing Environmental Mitigation & Monitoring TOTAL APPROPRIATED TO DATE $570,000 5,405,905 10,000 $5,985,905 EXPENDITURES/ ENCUMBRANCES TO DATE $40,375 4,806,585 0 $4,846,960 REMAINING BALANCES $529,625 599,320 10,000 $1,138,945 Page 3 EXHIBITS: 1. Location map. 2. Resolution No. 2011-105 approving an increase in the contract amount and authorizing the City Manager to sign Change Order 17 for the Widening of Olivenhain Road and Rancho Santa Fe Road, Project No. 3860-1. 3. Resolution No. 2011-106 accepting the contract for construction of the Widening of Olivenhain Road and Rancho Santa Fe Road, Project No. 3860-1, as complete, and directing the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and City Ordinances. 4. Notice of Completion. LOCATION PROJECT NAME OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD WIDENING PROJECT NUMBER 3860-1 EXHIBIT 1 DRAWN at; owm tvwra,LNWtttKinb vtri. //Ji/uo u \PW«Hinff a PRQGRAMS\f'LANiZ\X60-'t.DWG 1 RESOLUTION NO. 2011-105 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AN INCREASE IN THE CONTRACT AMOUNT AND AUTHORIZING THE CITY 4 MANAGER TO SIGN CHANGE ORDER 17, FOR THE WIDENING OF OLIVENHAIN ROAD AND RANCHO SANTA FE 5 ROAD. PROJECT NO. 3860-1. 6 WHEREAS, on May 15, 2007, by Resolution No. 2007-117, the City Council of the City 7 of Carlsbad awarded the construction contract for the Widening of Olivenhain Road and Rancho 8 Santa Fe Road, Project No. 3860-1; and 9 WHEREAS, it is been determined to be necessary to increase contract amount for the 10 Widening of Olivenhain Road and Rancho Santa Fe Road, Project No. 3860-1, by an amount of 11 $75,372; and 12 WHEREAS, the City Manager was previously authorized to approve change orders up to 13 $393,487 and will now be authorized to approve change orders up to $468,859 for the Widening of 14 Olivenhain Road and Rancho Santa Fe Road, Project No. 3860-1; and '^ WHEREAS, funds are available in the existing project budget to cover an increase to the A o contract by an amount of $75,372; and WHEREAS, no additional appropriations are required. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 19 California, as follows: 20 1. That the above recitations are true and correct. 21 2. That the contract amount for the Widening of Olivenhain Road and Rancho 22 Santa Fe Road, Project No. 3860-1, is hereby increased $75,372 using available project funds. 23 3. That the City Manager is hereby authorized to approve Change Order 17 in the 24 amount of $80,064.86 for the Widening of Olivenhain Road and Rancho Santa Fe Road, Project 25 No. 3860-1. 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of May , 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: (SEAL) INE M. WOOD, City Clerk 1 RESOLUTION NO. 2011-106 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ACCEPTING THE CONTRACT FOR CONSTRUCTION OF THE WIDENING OF OLIVENHAIN ROAD 4 AND RANCHO SANTA FE ROAD. PROJECT NO. 3860-1. 5 WHEREAS, the construction of the Widening of Olivenhain Road and Rancho Santa Fe 6 Road, Project No. 3860-1 was completed to the City's satisfaction by Daley Corporation on 7 February 2, 2009; and 8 WHEREAS, the formal project Notice of Completion has been prepared; and WHEREAS, all project costs have been established to date. 10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 12 1. That the above recitations are true and correct. 13 2. That the contract for construction of the Widening of Olivenhain Road and 14 Rancho Santa Fe Road, specifically identified as Project No. 3860-1 is deemed complete and is 15 hereby accepted by the City Council of the City of Carlsbad. 16 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to 17 execute and record the Notice of Completion for the Widening of Olivenhain Road and Rancho 18 Santa Fe Road, Project No. 3860-1. 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of May , 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MAtt^ALL," Mayor ATTEST: (SEAL) INE M. WOOD, City Clerk RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 12OO Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on February 2, 2009. 6. The name of the contractor for such work or improvement is Daley Corporation. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 3860-1, Widening of Olivenhain Road and Rancho Santa Fe Road. 8. The street address of said property is in the City of Carlsbad. CITY OF CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on *~f~h CULJ ^ <j , 20// . 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(ylna^ , ePCr 20// . at Carlsbad, California. CIWOFxGAR Word\Masters\Forms\Notice of Completion (City)3/9/98