19-0507_UNITED BUILDING AND DEVELOPMENT SERVICES, LLC_E13_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: %njamin Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director~~
PREPARED BY : Joe Parco, City Engineer
Paul Meshkin, Senior Civil Engineer
DATE : May 7, 2019
5/7/2019
E13
SUBJECT: Change Order for the Trellis Roof Repair and Reconstruction Project
at the Train Station (United Building and Development Services
LLC.)
RECOMMENDATION:
Authorize the City Manager to approve and execute Change Order No. 2 for the Trellis
Roof Repair and Reconstruction Project, for an amount not to exceed $21,619, with
United Building and Development Services LLC.
DISCUSSION/ ANALYSIS :
The Trellis Roof Repair and Reconstruction Project at the Train Station on Verdugo Street
started on March 25, 2019. Delays were encountered as a result of Metrolink
requirements and coordination. Due to the close proximity of the construction area to the
railroad tracks, Metrolink required the City's contractor to arrange and pay for the
presence of flagmen during construction activities to ensure the safety of the public and
construction crews. Metrolink also required the City's contractor to obtain and pay for an
encroachment permit and to provide railroad protective insurance policies. These
rP.quirements and subsequent delays have resulted in higher cost for the project and two
construction change orders (Attachment 1) totaling $28, 119.
Change Order No. 1 was in the amount of $6,500, and Change Order No. 2 is in the
amount of $21,619, for a total change order amount of $28,119. The City Manager is
City Council Agenda Report
May 7, 2019
Page 2 of 2
authorized to approve construction change orders up to $11,000. Since the aggregate of
these two change orders exceeds the City Manager's authority, it is recommend that the
City Council authorize the City Manager to approve and execute Change Order No. 2 in
the amount of $21,619.
FISCAL IMPACT :
The cost of this project will be paid by the California Joint Power Insurance Authority
(JPIA).
ENVIRONMENTAL IMPACT :
In accordance with the California Environmental Quality Act (CEQA), the recommended
action is exempt from CEQA per Section 15061(b)(3), which is the general rule that the
CEQA applies only to projects that have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. A change order for the Trellis Roof Repair and Reconstruction Project
at the Train Station would not be an activity with potential to cause significant effect on
the environment, and is therefore exempt from CEQA.
PRIOR CITY COUNCIL REVIEW:
On February 6, 2018, the City Council awarded a contract for the Trellis Roof Repair and
Reconstruction Project to the lowest responsible bidder, United Building and
Development Services LLC, in the amount of $110,734.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
No prior commission, committee, or board review .
NOTIFICATION:
United Building and Development Services LLC.
ATIACHMENT:
Attachment 1: Change Orders No. 1 and No. 2
EXHIBIT "A"
CHANGE ORDER FORM
City of San Juan Capistrano 32400 Paseo Adelanto
San J11an Capistrnno. CA 92675
(949) 493-ll?I
Contract Change Order # 1
Project:
Contract No.:
Contractor: United Building and Development
Services
Owner: City of San Juan Capistrano
Change Order No.:
Orig. Contract Amt.: $110,734 Days
Prev. Appvd. Changes: $0.00 Days
This Change: $6,500 Days
Revised Contract Amt.: $117 ,234 Days
This Change Order covers changes to the subject contract as described herein. The Contractor
shall construct, furnish equipment and materials, and perform all work as necessary or required
to complete the Change Order items for a lump sum price agreed upon between the Contractor
and City of San Juan Capistrano, otherwise referred to as Owner.
Increase/ Contract
Item (Decrease) Time
No. Description of Changes in Contract Extension ,
Amount Days
1 Additional fees paid to Metrolink to secure an $6,500 0
Encroachment Permit in addition to fees for
flagging services.
2
Totals $6,500 0
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the
Contract Change Order un less specifica ll y initialed by or on behalf of both the Contractor and the City of San Juan Cap istrano .
Contract Change Order#..__ ________ _ Page 1 of 2
ATTACHMENT 1
Page 1 of 4
The amount of the contract will be increased by the sum of $6.500 and the contract time shall be
extended by zero working days. The undersigned Contractor approves the foregoing Change Order#
1 as to the changes, if any, in the contract price specified for each item including any and all
supervision costs and other miscellaneous costs relating to the change in work, and as to the
extension of time allowed, if any, for completion of the entire work on account of said Change Order#.
The Contractor agrees to furnish all labor and materials and perform all other necessary work,
inclusive of the directly or indirectly related to the approved time extension, required to complete the
Change order items . This document will become a supplement of the contract and all provisions will
apply hereto . It is understood that the Change Order s~all be effective when approved by the Owner.
Contractor accepts the terms and conditions stated above as full and final settlement of any and all
claims arising out of or related to the subject of this Change Order and acknowledges that the
compensation (time and cost) set forth herein comprises the total compensation due for the work or
change defined in the Change Order, including all impact on any unchanged work. By signing this
Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes
payment for all Work contained in the Change Order, plus all payment for any acceleration or
interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all
Work under this Contract. The signing of this Change Order acknowledges full mutual accord and
satisfaction for the change and that the stated time and/or cost constitute the total equitable
adjustment owed the Contractor as a result of the change. The Contractor hereby releases and
agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further
claim or request for equitable adjustment of any type , for any reasonably foreseeable cause that shall
arise out of, or as a result of this Change Order and/or its impact on the remainder of the Work under
the Contract .
Accepted:
Recommended:
Approved :
Item
No .
-d---1 &-
Date
Date
7-Z-I~
Date
Justification for Change(s)
The project is located on the train platform and Metrolink has required the contractor to
secure an encroachment ermit and a all the re uired fees.
2
This Cont ract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the
Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the C ity of San Juan Capistrano .
Contract Change Order #1 Page 2 of 2
ATTACHMENT 1
Page 2 of 4
EXHIBIT "A"
CHANGE ORDER FORM
City of San Juan Capistrano 3240() l'aseo Ade/an/a
San Juan C11pi.1·1rww, c,1 9.'675
(949) 493-1171
Contract Change Order # 2
Project: Trellis Roof Repair at the Train Station Change Order No.: 2
Orig. Contract Amt.: $110,734 Days
Contract No.:
Contractor: United Building and Development Prev. Appvd. Changes: $6500.00 Days
Services
Owner: City of San Juan Capistrano This Change: $21,619 Days
Revised Contract Amt.: $138,853 Days
This Change Order covers changes to the subject contract as described herein. The Contractor
shall construct, furnish equipment and materials, and perform all work as necessary or required
to complete the Change Order items for a lump sum price agreed upon between the Contractor
and City of San Juan Capistrano, otherwise referred to as Owner.
Increase/ Contract
Item (Decrease) Time
No _ Description of Changes in Contract Extension,
Amount Davs
1 Additional fees paid to Metrolink for flagging services. $14,000 4
2 Additional contractor's Insurance Premium Fees $4,289 0
3 Additional Labor Cost $2,200 0
4 Additional Lighting Cost $1,250 0
5 Credit for Permit Fee ($120) 0
Total $21,619 4
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the
Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano.
Contract Change Order#~ Page 1 of 2
ATTACHMENT 1
Page 3 of 4
10
0
4
14
The amount of the contract will be increased by the sum of $21.619 and the contract time shall be
extended by four working days. The undersigned Contractor approves the foregoing Change
Order# 2 as to the changes, if any, in the contract price specified for each item including any and
all supervision costs and other miscellaneous costs relating to the change in work, and as to the
extension of time allowed, if any, for completion of the entire work on account of said Change Order
# 2. The Contractor agrees to furnish all labor and materials and perform all other necessary work,
inclusive of the directly or indirectly related to the approved time extension, required to complete
the Change order items. This document will become a supplement of the contract and all
provisions will apply hereto. It is understood that the Change Order shall be effective when
approved by the Owner.
Contractor accepts the terms and conditions stated above as full and final settlement of any and
all claims arising out of or related to the subject of this Change Order and acknowledges that the
compensation (time and cost) set forth herein comprises the total compensation due for the work
or change defined in the Change Order, including all impact on any unchanged work. By signing
this Change Order, the Contractor acknowledges and agrees that the stipulated compensation
includes payment for all Work contained in the Change Order, plus all payment for any acceleration
or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact
on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord
and satisfaction for the change and that the stated time and/or cost constitute the total equitable
adjustment owed the Contractor as a result of the change. The Contractor hereby releases and
agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any
further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause
that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of
the Work under the Contract.
Accepted :
Date
Recommended:
(Signature) Steve May, Public Works and Utilities Director Date
Approved :
(Signature) Benjamin Siegel, City Manager Date
Item Justification for Change(s)
No .
The project is located on the train platform and Metrolink has required the contractor to
1 secure an encroachment permit and pay all the required fees.
Contractor was required by Metrolink to provide additional liability insurance policy with
2 higher limits.
3 Additional labor cost due to increase in prevailing wage rates per Department of
Industrial Relations (DIR)
4 Additional cost for lighting/electrical work due to delays in securing Metrolink
Encroachment permit
Thi s Contra ct Cha nge Order consists of 2 pages and any exhibits att ached to this Co ntract Change Order sh all not be part of the
Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano.
Contract Change Order #2 Page 2 of 2
ATTACHMENT 1
Page 4 of 4