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
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D
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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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
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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.
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2. That the contract amount for the Widening of Olivenhain Road and Rancho
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Santa Fe Road, Project No. 3860-1, is hereby increased $75,372 using available project funds.
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3. That the City Manager is hereby authorized to approve Change Order 17 in the
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amount of $80,064.86 for the Widening of Olivenhain Road and Rancho Santa Fe Road, Project
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No. 3860-1.
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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.
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3. The City Clerk of the City of Carlsbad is hereby authorized and directed to
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execute and record the Notice of Completion for the Widening of Olivenhain Road and Rancho
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Santa Fe Road, Project No. 3860-1.
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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