HomeMy WebLinkAboutStaff Report 3593City of Palo Alto (ID # 3593)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/8/2013
City of Palo Alto Page 1
Summary Title: Mitchell Park Construction Contract Bi-Monthly Report
Title: Submittal of Mitchell Park Library and Community Center Bi-Monthly
Construction Contract Report
From: City Manager
Lead Department: Public Works
Recommendation and Draft Motion:
Draft Motion: I move that Council:
1)Accept this update on the Mitchell Park Library and Community Center (MPL&CC)
construction project; and
2)Direct staff to continue to submit bi-monthly reports to Council and to take related
actions which Council may direct.
Executive Summary
The MPL&CC construction is approximately 82%complete (based on expenditures)and it is
anticipated that the three-building complex will be open to the public late in 2013. The
estimated opening time frame has been changed from our earlier estimate (Spring 2013) to late
2013 due to delays caused by errors and omissions by the contractor and its subcontractors,
the necessity to fully correct every deficiency, and to insure that the buildings are of the highest
quality. It will also take six to eight weeks after construction is completed to move into the
buildings, prepare the library collection and other materials for public use,and ready the staff
and the space for opening. The percentage completion has increased from 81%to 82% since
the last report. A major milestone, the completion of sheetrock, has been achieved since the
last bi-monthly report.Several small areas of sheetrock still need to be done, but painting has
commenced and the last two months have shown encouraging progress.
Because of the delays, errors,and omissions by the contractor Flintco Pacific, the City has
established a contract with another contractor, Big D Builders, which the City can use to correct
City of Palo Alto Page 2
errors and finish work when Flintco Pacific fails to do so.The City plans to pass the Big D costs
on to Flintco Pacific. Big D Builders is the firm that recently completed the successful Palo Alto
Arts Center remodeling project. In the next bi-monthly report City staff will give an update on
this contract and any specific tasks which have been assigned to Big D Builders. The maximum
amount of the contract is $240,000, which is below the threshold for Council approval. Should it
become necessary to increase this contract, an action will be brought to Council for approval.
Costs have increased above the bid amount partially due to building complexities and partially
due to the performance of the City’s contractors. To date, a total increase (Construction
Contract Change Orders)of $3,188,668 has been approved by the City, or approximately 13%
above the base construction contract amount.The bid amount was approximately 24% below
the City Engineer’s estimate and Council has authorized a maximum increase of 20% above the
bid amount in change orders.Thus,the project remains below budget, despite the unforeseen
costs.
Background
At 56,000 square feet, MPL&CC is the City's largest construction project in four decades. Inside
the state-of-the-art library building, teens, children, and those just wanting a quiet space will all
have their own dedicated areas. The two-building Community Center complex will contain an
expansive community room, kitchen, teen center, cafe,computer room and game room. The
complex will be the City's model for an eco-friendly facility with extensive green roofs, solar
water heating, night sky water cooling, photovoltaic panels, stormwater infiltration, and natural
daylight utilization all wired with a state-of-the-art data feedback and control system.
On September 12, 2011,Council authorized an increase in change order authority and a ceiling
for the MPL&CC construction contract from 10% to 20% to cover unanticipated construction
costs. Council also directed staff to provide Council with a monthly report (subsequently
modified to bi-monthly)on change orders with Flintco, the general contractor.Council also
requested the City Attorney to provide additional confidential briefings regarding potential
claims against other responsible parties.Additionally, Council also directed staff to report on
project milestones in the bi-monthly reports.
Discussion
Construction Progress
On June 4, 2012, Council requested information on construction progress and set-backs since
the last report and milestones that staff expects will be reached by the next report.
Since the last bi-monthly report,which was submitted to Council on February 11, 2013,a major
City of Palo Alto Page 3
milestone has been achieved: the completion of sheetrock.The attached “Schedule
Milestones” page has been revised to show the 10 key building interior milestones which must
be achieved well ahead of opening to the public.Staff will report on achievement of these
milestones from this point forward.
Many corrections to mechanical, electrical,and plumbing (MEP)work in the walls and above
the ceiling were not completed on time. Some floor panels will have to be temporarily
removed to allow for corrections and re-inspections. The number of corrections and re-
inspections required is much larger than for a typical project. Another problem is that many
corrections are still needed on the sliding glass doors and this issue has been outstanding since
April 2012. Many of the windows failed water testing multiple times.The windows are now
complete, however, the MEP work is not and therefore the ceiling cannot be completed.
All of these problems were detected by the City’s building inspectors or construction manager
Turner. The contractor is required to correct them. The City will pursue recovery of these costs
from the contractor, either by way of withholding payment or through separate action.Sub-
standard work will not be accepted. However,these corrections cause delays in the work of the
next subcontractor and some could cause a delay in a critical path item,thus further delaying
the project. City staff is proactively working with the general contractor and City consultants to
avoid delays while not compromising quality.In addition, the City contracted with Big D
Builders to perform work on an “as needed” basis to complete work that Flintco is unable or
unwilling to do. Big D Builders is the construction firm that recently completed the Palo Alto
Art Center renovations. Their work on this project was done on time and under budget. The
amount of the Big D Builders contract is $240,000.
Compounding problems, Flintco has recently undergone some significant organizational
changes. The CEO of the company has been replaced and a portion of the Flintco organization
has been sold. On one hand, this has caused internal distractions, but on the other hand, may
open the possibility for new leadership approaches. The City has and will continue to meet
with Flintco’s new CEO to discuss performance issues.The contract contains a liquidated
damage provision for each day of contractor delay and the City expects to invoke this provision
once the job is finally completed.
Looking ahead to the next bi-monthly report, the key milestones that will need to be completed
are the mechanical, electrical, plumbing (MEP)work and the Mechanical Room.These
deadlines have been missed and rescheduled multiple times.The heating system cannot be
started up and thoroughly tested because the MEP work is not done. Without a heating system
woodwork cannot be brought into the buildings for installation.
City of Palo Alto Page 4
Approved Construction Contract Change Orders
To date, 37 change orders have been approved for a total amount of $3,188,668. This amount
constitutes approximately 13%of the base construction contract amount. Since the last bi-
monthly report, there have been six additional change orders issued. Council has authorized
change orders up to 20% of the base contract amount;leaving about 7% remaining. A
breakdown of the change orders and the key components of each are contained in Table 1
listed below with a brief description of each. Please recognize that change orders can include
reductions and credits as well as new costs. You will see this, for example, reflected in Change
Order #5 in Table 1 below. The shaded change orders have been issued since the last bi-
monthly report.
Table 1
Change Order Amount Change Order Summary
1 $41,725 Eight extra work items including the pruning of trees, clean-
up of the old building, and removing conduit found during
site clearing and grading.
2 $33,102 Four extra work items including the rerouting of a storm
drain around tree roots and the addition of a new manhole
that the drawings showed being present but wasn’t.
3 $215,501 10 extra work items including an adjustment needed due to
tree root interference, an upgrade in wall insulation
capability, and design coordination needed for steel
installation.
4 $242,754 11 extra work items including the installation of dowels at
additional locations, the installation of thicker glass railings
to increase stability, increased gas transmission line
coordination, and extra concrete water protection.
5 $4,436 24 extra work items including an extra light fixture cost, fire
safety drawing coordination, and a variety of additional
required supplies totaling $70,536 minus credit given for
three of the 24 work items including spare fixtures no longer
required and reimbursed City of Palo Alto dump fees
totaling $66,100.
6 $25,123 Seven extra work items including additional gas main
protection, curb strengthening, and deck support for the
Building A green roof.
City of Palo Alto Page 5
7 $74,304 19 extra work items including HVAC driven floor
adjustments, electrical system adjustments, data cable
rerouting, and a new load break cabinet totaling $109,965
minus credit given for two of the 19 work items including
stones for the Arch provided by the artist and value
engineering totaling $35,661.
8 $385,251 10 extra work items including additional fill, perforated
metal panel ceiling work, various waterproofing, and
conduit.
9 $195,706 18 extra work items including multiple curb installations, a
basketball court slab, and an art sculpture foundation.
10 $78,514 13 extra work items including a Flintco field staff
supplement, waterproofing, plumbing and electrical system
alterations, and tree protection measures totaling $79,226
minus credit given for one of the 13 work items identified as
plumbing fixture changes totaling $712.
11 $224,662 14 extra work items including beam strengthening, interior
& exterior roof tank pipe supports, electric vehicle chargers,
load break cabinet bollards, and additional steel.
12 $20,347 Seven extra work items including A/V work, electrical
changes, and a roof access ladder.
13 $80,721 13 extra work items including metal stud framing, light
fixtures, and miscellaneous electrical work.
14 $54,028 Five extra work items including a thickened roof edge,
equipment curbs, a Building A ramp, signage support, and a
book drop.
15 $176,586 12 extra work items including additional lighting, electrical
work, soil for silva cells & planting areas, and HVAC work.
16 $53,256 Four extra work items including traffic signal modifications,
construction recovery costs, and a tube steel base plate
modification.
17 $278,710 Five extra work items including tube steel and supplemental
exterior wall steel revisions.
18 $76,823 Seven extra work items including concrete floor sealer, wall
short panels, leakage testing, pipe supports,and permit
processing.
19 $36,526 Eight extra work items including building security, lighting,
and electrical work.
City of Palo Alto Page 6
20 $20,832 Seven extra work items including lighting and electrical
work.
21 $122,071 Six extra work items including roof curbs, studs, and roof
crickets.
22 $16,839 Six extra work items including duct, gutter, and ceiling work.
23 $122,472 Nine extra work items include occupancy changes, tube
steel and the related work, and artwork preparation totaling
$123,104 minus credit given for one of the nine work items
for roof parapets, flashing, and crickets totaling $632.
24 $46,654 Three extra work items including night sky cooling tank
repair work and parapet and roof details.
25 -$37,158 20 extra work items including glass changes and book drop
and elevator improvements totaling $44,790 minus credit
given for five of the 20 work items including deleted A/V
work, geotextile fabric work, and storm drain/gas line cost
savings totaling $81,948.
26 $28,056 Five extra work items including roof substrate revisions and
curtain wall supports totaling $31,465 minus credit given for
one of the five work items related to roof drain plumbing
totaling $3,409.
27 $49,470 Eight extra work items including exhaust fan work,
additional channels, and roof work.
28 $24,225 Nine extra work items including expansion joint work,
kitchen equipment wiring, and roof and plumbing work.
29 $94,174 14 extra work items including exterior wall water proofing,
bathroom work, plumbing work, and electrical work totaling
$101,983 minus credit given for two of the 14 work items
including a WAP reduction and book drop work totaling
$7,809.
30 $32,331 Eight extra work items including power for signage and
other outdoor expenditures.
31 $23,886 Eight extra work items including perimeter wall work,
elevator shaft power and lighting, and electrical work.
32 $102,472 Five extra work items including demolition, reconstruction,
and fire prevention work.
33 $73,172 10 extra work items including data, raised floor, electrical,
and shelving work.
City of Palo Alto Page 7
34 $37,090 Five extra work items including door, fire prevention, and
signage work.
35 $59,002 10 extra work items including window shade, door, flooring,
and electrical work.
36 $62,559 Seven extra work items including tile, landscaping, and
electrical work.
37 $12, 446 Six extra work items including electrical and plumbing work.
TOTAL $3,188,668 TOTAL CO’s 1-37
*For further information about each of the change orders see the attached corresponding
Contract Change Order Scopes of Work (Attachment A).
Change order requests submitted by the contractor are typically bundled together and
summarized in one single change order. On September 12, 2011,Council further directed staff
to submit any change order request which exceeds $85,000 to Council for approval. Staff is
interpreting this to mean an individual change order line item more than $85,000. One may
note that over the course of a period of time a number of on-site decisions are made, in order
to not slow the project down, which can add up to more than $85,000 when compiled later.
Bundled Change Order 11, for example, totals $224,662, but includes a series of change orders,
none of which exceeds $85,000.Council has approved one change order to date (Change Order
# 17)which contained line items exceeding $85,000.
Related Council Directives for the Bi-Monthly Report
Council further directed that staff report to Council on oversight activities. Therefore, attached
is the most recent Library Bond Oversight Committee agenda (Attachment B)and Library Bond
Oversight Committee minutes (Attachment C).
On October 17, 2011, Council requested information on two other related topics and these are
addressed below.
1)Expenditures for New Consultants
The City Attorney’s Office has hired the following consultants to assist with the review of
construction costs requested by Council. The table below shows the amount encumbered
and the amount spent to date.
City of Palo Alto Page 8
Contract Amount Amount Expended
ZFA Structural Engineers $25,000 $19,581
Legal Counsel (Jarvis Fay)$75,000 $58,362
Reidinger Consulting (Scheduling)$85,000 $72,327
Legal Counsel (Otis & Iriki)$455,000 $440,113
Legal Counsel (Ginn & Crosby, LLP)$35,000 $1,704
David Neagley $275,000 $0
Project Controls & Forensics $100,000 $0
2)Outstanding Change Orders Proposed by the Construction Contractor (Flintco)
In addition to knowing the amount of the change orders approved to date by the City
(above), Council members asked the value of the outstanding change orders proposed by
Flintco but not yet approved or rejected. This information is contained in Attachment D.
The first graph on Attachment D shows both Potential Change Orders (PCOs), which is an
internal list compiled by the City’s construction manager of certain work items that could
eventually result in extra work claims,and actual Change Order Requests (CORs),a subset of
the PCOs, which have been submitted by Flintco to date.
A large batch of CORs was retracted by Flintco with the stated intention of modifying them.
The City has informed Flintco that its retraction may jeopardize the ability of the City to act
on these CORs. Due to the failure of Flintco to meet its self-imposed deadlines for
resubmittal of the CORs, the City has resumed issuance of Unilateral Change Orders in order
to ensure a cash flow for the subcontractors so they will not leave the job. Recently, Flintco
began submitting CORs again. Many of the newly submitted CORs appear to be duplicative
of,or inconsistent with,previous CORs. City staff and Turner will take extreme steps to
ensure that Flintco is not double paid.
The latest bi-monthly report concerning all Library Projects (“Palo Alto Library Projects”) is
included as Attachment E.
Resource Impact
There are no resource impacts associated with providing the bi-monthly reports to Council. The
approved change orders are within the Capital Improvement Program Project (CIP)Budget PE-
09006 for the MPL&CC project.
City of Palo Alto Page 9
Policy Implications
There are no policy implications in providing the bi-monthly reports to Council.
Environmental Review
Providing bi-monthly reports on this topic to Council does not constitute a project under the
California Environmental Quality Act (CEQA).
Attachments:
·A -MPL COs # 32-37 (PDF)
·B -LBOC Agenda_2-5-2013 (PDF)
·C -LBOC Minutes_10-30-2012 (PDF)
·D -MPL Financial Charts (PDF)
·E -PAL Bi-Monthly Report Jan-Feb 2013 (PDF)
Contract Change Order
City of Palo Alto
Department: Public Works Engineering
Contract Number: C11136473
, , ~ < ~ • x''. ,"~ ",' --;: ~ ,,,._,,.~ ":;"-" I" -:'-"".,,'YJ;''-• -"';-~_'''';'.' ,.!.~f';'>.~_·~-,~-,-",,""> ; '~ ,_-,',' "~--: • :~'':~ 'Of,," '.,.. '-:,,~,~,§,~ "r ,,-' '>~~"""'.\'~ : ~cintl:adt (:1man"!1e,@rClt¥r 7!Jiiirt'y'::fEwir~~: C(J)'lrtiifelef/; -,~ >;' ',., ,'<.: ,',' ",' :-,','-, ,'" ,., ':", ,:' 'c, ", '<:;j
;. <:" ~ ~> .~ .~~ ~ ~ , .~ "I ~,. ~ ':; .. ,/t-<;" ,_ -:,?~:, ~_. f'~ 1\! /~ ", _. ';, '~~~ _'; \.,' ", 1 ~ .\.~ "~<J.(,,,~,~iJJ
CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in
the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire
work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to
complete any additional work specified therein, for the consideration stated therein.
CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are
hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejeCtisn, it may submit a Claim
ursuant to Section 4.2 of the Contract General Conditions within thirt 30 da s of the date of this Chan e Order.
Accepted for Contractor: Accepted for City of Palo Alto:
By: Signature Declined By:
Phil BoBel
Assistant Director of Public Works Title: Andy Brophy
Flintco -Project Manager Title:
Date: Date:
SCOPE OF WORK
'0 N .., "t.. U) Q:
0 :i u: tn 0 0 Il. 0 a: <C u.. 0 Description Amount
Stair 1 -Demolition and Reconstruction
389.11 539 062 1028.2 Walls, framing a'nd Mechanical work 38,252
T & M ALLOWANCE
Stair 1 -Demolition / Reconstruction
389.12 539 062 1028.2 Electrical work 3,731
LUMP SUM
Stair 1 -Demolition / Reconstruction
389.13 539 062 1028.2 Solar Water work 2,268
LUMP SUM
ASI 145 Area of Refuge Fire Rating
389.14 539 1363.1 145 068 1028.2 Drywall and framing 1 hour wall assemblies 22,110
T & M ALLOWANCE
ASI145 Area of Refuge Fire Rating
389.15 539 1363.1 145 068 1028.2 Spray on Fireproofing including clean up 36,111 v
LUMP SUM
Total for this change order 102,472.
SCOPE OF WORK NOTES:
1. T&M Allowances will reconcile in a future Change Order when this work is complete using direct cost+15% mark up+2% bonds/insurance
2. T&M tickets must be completed at the end of each day. Each T&M worker must sign inand out at the CM office daily.
3. Clean up of spray on fireproofing is included in PCO 389.15 lump sum and is not allowed on T&M Allowance tickets.
4. T&M tickets for Flintco direct labor is limited to tasks specifically part of this work (direct cost+1 0% mark up+2%bonds/ins.)
Key:
1. Potential Change Order 3. Request for Information 5. Field Order or Extra Work Authorization
2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request
Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by
the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish
to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is
intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any
actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force
and effect.'-
ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F3
Contract Change Order
City of Palo Alto
Department: Public Works Engineering
Contract Number: C11136473
CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in
the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire
work on account of each line Item, and agrees to furnish all labor and materials and perform all work necessary to
complete any additional work specified therein, for the consideration stated therein.
CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are
hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim
ursuant to Section 4.2 of the Contract General Conditions within thirt 30 da s of the date of this Chari e Order.
Accepted for Contractor: Accepted for City of Palo Alto:
By: Signature Declined By:
Title: Andy Brophy
Flintco -Project Manager Title:
Date: , Date:
SCOPE OF WORK
... ~ 0 '" '" 1... II) (.,) :Ii u: th 0 0 a. 0 0:: <C LL 0 Description Amount
067.2 514 1262 142 1068 ASI142 Library Shelving 4,854
161 225 059 018 147 ASI 059 Restroom Revisions (Bldg A&C) -Claim Adjustment 3,115
172.4 350 107 265 ASI107 Deleted AN in MPR (C139) -Claim Adjustment 14,245
332 445 1149 1056 RFI1149 Relays for Fire Alarm at Elevator Controllers -Entitlement 2,918 Decision Adjustment
349.1 477 1109.1 048 1059 RF11109.1 Lighting & Ceiling (A231) 18,072 -
399 521 1275 1060 RFI1275 NSC Tank Pump Mounting -Claim Adjustment 134
416.1 550 156.1 1079 ASI 156.1 Data and Raised Floor Coordination 25,339
417 551 157 1097 ASI 157 Illuminated Area of Refuge Signage 2,323 --467 615 1438 1137 RFI1438 Occupancy Sensor Power Pack Bikerrrash Enclosure 947
475 631 1452 1130 RFI1452 Discontinued C1 Type Light Fixture 1,225
Total for this change order 73,172 ..... V
1. Potential Change Order 3. Request for Information 5. Field Order or Extra Work Authorization
2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request
Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by
the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish
to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is
intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any
actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force
and effect.
ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F3
Contract Change Order
City of Palo Alto
Department: Public Works Engineering
Contract Number: C11136473
i '.~l?lJ!ft:apt; epal[l§1~" ,<If:, J~r, JElijt!ft'J{;t '.~.li!rJ!-h. "~~~lil~!I!l,;tt#il,~,!,. ; " ,;, ,q. 'J " ;'::,';,1:/I,',"~ ';{';','1 ,,;:":", ';";~--:'n:,;'f "",~~, ;<"" ,"'" , " '! ,I', ,~ ,~f., .. "~~ , ,'~ ,~) '" j, ~ '.) ..r. -... ",;.,..>l,f;,~~~'" ,. ':i!:'~~~"';;'~~~N~""~>;".o>"':' .1, .'S:,_ ~"!;\vl:r."\' '<I.:{rn,'~· ::,,->l'-"""~,,"'\:;d";' "~~_,,,-"-I.'< ~.Ir;,J _~ (,~>",~,., ~. :>!p'.<",_.
CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in
the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire
work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to
complete any additional work specified therein, for the consideration stated therein.
CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are
hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim
pursuant to Section 4.2 of the Contract General Conditions within thirty (30) days of the date of this Change Order.
Accepted for Contractor: Accept~ol1' City of Palo Alto:
By: Signature Declined By: i/t!Pf2r! ~:>
Title: Andy Brophy Title: Phil Bobel
Flintco -Project Manager ASSistant Director of Public Works
Date: Date: Ij~3 , I
SCOPE OF WORK
'0 N ... "!:.. II) "a! u :IE u: UJ 0 0 Q.. 0 I:t! <C u. u Description Amount
163 227 062 020 1024 ASI 062 Carpet Revisions 2,596
455 598 178 1116 ASI 178 Signage Backing Bldg A 4,782
459 591 175.1 060 1122 ASI 175.1 Fire Rated Soffit Ceiling Bldg B 4,788
473 626 1449 1125 RF11449 Door Power Dry Contacts 2,596
479 644 182 1146 ASI 182 Sliding Doors Mitigation f Entrance Grates 22,328
Total for this change order 37,090.
1. Potential Change Order 3. Request for Information 5. Field Order or Extra Work Authorization
2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request
Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by
the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish
to be bound by subsection 7.2.13 of the Contract General Conditions. The,City's action in approving this unilateral Change Order is
intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any
actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force
and effect.
ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F3
Contract Change Order
City of Palo Alto
Department: Public Works Engineering
Contract Number: C11136473
CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in
the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire
work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to
complete any additional work specified therein, for the consideration stated therein.
CLAIM PROCEDURE: Any Items in Contractor's Change Order Request that are not included in this Change Order are
hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim
ursuant to Section 4.2 of the Contract General Conditions within thirt 30 da s of the date of this Chan e Order.
Accepted for ContractoR': Accepte Cit~ of Palo Alto:
By: Signature Declined By:
Title: Andy Brophy Title: Flintco -Project Manager
Date: Date:
SCOPE OF WORK
(:) '" .., "!.. I/) 'Ix:
(.) :! u:: tJ) 0 0
0-(.) 0::: « u. (.) Description Amount
190.2 428 114.1 1094.3 ASI 114 1114.1 Window Shades 26,875
200.2 538 1290 1163 RFI1290 Door Hardware, Power, & Security Bldg A & B 5,785
222 305 099 1047 ASI 099 Boards, Corner Guards, & Bumper Rails 3,713
235 376 913 1048 RFI913 VRF-2 UV Protection NE Terrace Bldg A 1,684
244.2 373 110.1 1021 ASI 110.1 Roll-Out Mats 1,469
265.2 613 1091 EFVM Retest Green Roof East Bldg A 1,294
333 532 146 1078 ASI146 Resilient Flooring to Carpet Tile Bldg A 5,786
357 492 1144 Submittal 08305-001 Stainless Steel Access Doors 4,504
402 534 150 053 1077.1 ASI 150 Fire Alarm Pull Station Covers 3,550
481 633 1465 1129 RFI1465 Power for Elevator Door Smoke Containment 4,342
Total for this change order 59,002.
1. Potential Change Order 3. Request for Information 5. Field Order or Extra Work Authorization
2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request
Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by
the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish
to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is
intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any
actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force
and effect.
ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F 3
Contract Change Order
City of Palo Alto
Department: Public Works Engineering
Contract Number: C11136473
if''';'", ,~.~~ /: i ~,' ,""." :-< "~~~.r;~;t:~~:'!~: ')'""~"~'~1~'~ ~{I~".t Lt~~:'l:~~~' :./1,,:: },,'t../,:,i", ~; '1 1 ,; -»'r~~", ~"~:7, ~,,\-':;".> ;':.::)l')"'~;:;~~H~>t) ~A~,?~r }-:t~ 1'~~ '~";~1'~f:"';~"-:T, '[':'.,1.:!1
L ~1!)"n~t''Pct €iharrge '@1fJtler!:7ihtlftJ!~c~J)f'-;e9,liI,tll!1J!JeCi " "" :' "",.~, ,: ;'. '''.'''n; ,:,',.:'" . '" '" .. , ,". j "!1rf""~ !~, ':."",,;_ .c ,," .'>~~" '.;-' ,,;!~ J',';j"". ;, ',;,;;'-<'; ,''''-!i-'.'--'~'J ,I .• 'JI>~<<'!w'.~"','\ ,', , _~-' ~' 1 ~'~,:~~r1~: 'L--"'/0 ~,: -,,',-' I.,! " 'i,q l"~\:\ ~'),~"'-'~':~) •• ~~,.,<~1¥1~
CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change' Order as to the changes, if any, in
the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire
work on account of each Line Item, and agrees to furnish all labor and materials. and perform all work necessary to
complete any additional work specified therein, for the consideration stated therein.
CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are
hereby deemed rejected as of the date. of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim
pursuant to Section 4.2 of the Contract General Conditions within thirty (30) days of the date of this Change Order.
Accepted for Contractor: Accepted for City of Palo Alto:
By: Signature Declined .~ '/~ ,(t" By:,. /<d.lu:"' ,·-tLi
Title: Andy Brophy Title: Phil Bobel
Flintco -Project Manager Assistant Director of Public Works
Date: Date: Q!!5//3
I I
SCOPE OF WORK
.... 0 :e ... 't.. III "'0:::
(.) u:: Ch 0 0
Il. 0 0::: « lL 0 Description Amount
127.6 372 109 1030 Traffic Signal Phasing Middlefield Rd Included
243.1 372 109 1030 ASI 109 Landscaping Middlefield Rd 11,135
324 441 1140.1 1039 RF11140.1 AHU & Temperature Control Panel Power 4,410
486 638 1469 199 1128.1 ASI 199 FF8 Type Light Fixtures Snack Bar (BiOi) 4,307
489.1 645 061 1135 Make-Up Air Unit MAU-1-C Bldg C (15860) 3,551
489.2 659 195 1167 ASI195 (revision 1) MAU-1-C Electrical 1,741
496 654 196 067 1156 ASI 196 Epoxy Grout for Ceramic Tile Bathrooms (Bldg A & C) 37,415
Total for this change order 62,559.
1. Potential Change Order 3. Request for Infonnation 5. Field Order or Extra Work Authorization
2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request
Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by
the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish
to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is
intended to ensure fair arid prompt adjustment to the Contract Sum. In dOing so, the City expressly disavows any intent to waive or any
actual waiver of any of the Contract provisions regarding Change Orders, All provisions of the Contract Documents remain in full force
and effect.
ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F3
Contract Change Order
City of Palo Alto
Department: Public Works Engineering
Contract Number: C11136473
CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in
the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire
work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to
complete any additional work specified therein, for the consideration stated therein.
CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are
hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim
ursuant to Section 4.2 of the Contract General Conditions within thirt 30 da s of the date of this Chan e Order.
Accepted for Contractor: Accepte r City of Palo Alto:
By: Signature Declined By:
Title: Andy Brophy Title: Flintco -Project Manager
Date: Date:
SCOPE OF WORK
.... il-: 0 ... .., "!:.. .,
0 :& u: tn 0 0 c.. 0 0:: <C u. 0 Description Amount
206.3 377 985.2 1031 RFI 985.2 Fire Treated Plywood Curtain Rail Bldg A 1,401
236 331 902 1033 RFI 902 Sink Vent at Window Jamb (B116) 1,223
307 397 1033.1 1063 RFI 1033.1 Furred Wall Light Switch Pull Station Bldg B 406
334 442 1077 282 RFI1077 1077.1 1077.2 Motor Starters EF-1A & 2A-2,698 Direct Negotiation Adjustment
416.2 559 160.1 1145.1 ASI160.1 Power & Furniture Coordination Bldg A 3,933
463 590 1405 1123 RFI1405 Exposed Plumbing Pipes MPR (C139) 2,785
Total for this change order 12,446. /
1. Potential Change Order 3. Request for Information 5. Field Order or Extra Work Authorization
2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request
Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by
the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish
to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is
intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any
actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force
and effect.
ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F3
Agenda
Library Bond Oversight Committee
Quarterly Meeting
Tuesday, February 5, 2013
7th Floor Conference Room
4:00 PM – 5:30 PM
Committee Members: Sandra Hirsh (Chair), Alice Smith (Vice-Chair), John Melton,
Dena Mossar, James Schmidt
Staff: Phil Bobel (Public Works), Brad Eggleston (Public Works), Debra Jacobs (Public
Works), Richard Hackmann (Public Works), Monique leConge (Library), Joe Saccio
(Administrative Services), Tarun Narayan (Administrative Services), Jim Pelletier (City
Auditor’s Office), Cara Silver (City Attorney’s Office)
Others:
ROLL CALL
ORAL COMMUNICATIONS
APPROVAL OF MINUTES – October 30, 2012
AGENDA REVIEW & REVISIONS
UNFINISHED BUSINESS
1. DISCUSSION – Construction Progress
a. Mitchell Park Library & Community Center
b. Temporary Main Library
2. DISCUSSION – Design Progress
a. Main Library
NEW BUSINESS
3. DISCUSSION - Update on Main Library Project
a. Bidding and Construction Schedule
b. Preparation of Bond Issuance
4. DISCUSSION - Draft Financial Report Summary from Administrative
Services
a. Expenditures to Date – Summary Spreadsheet
5. ACTION - Approval of Quarterly Report to Finance Committee
6. Next Steps
a. Next Meeting – Tuesday, April 23, 2013
ADA: Persons with disabilities who require auxiliary aids or services in using
City facilities, services, or programs or who would like information on the City's
compliance with the Americans with Disabilities Act (ADA) of 1990, may
contact (650) 329-2550. Sign language interpreters will be provided upon
request with 72 hours in advance notice.
Meeting materials will be provided at the meeting. Visit www.cityofpaloalto.org
or call (650) 617-3174 for more information.
1
Minutes
Library Bond Oversight Committee
Quarterly Meeting
October 30, 2012
7th floor conference room
4:00 p.m. – 5:30 p.m.
Committee Members Present: James Schmidt (Chair), John Melton, Dena Mossar, Alice
Smith
Committee Members Absent: Sandra Hirsh (Vice-Chair)
Staff Present: (Public Works) Brad Eggleston, Phil Bobel, Debra Jacobs, Richard
Hackmann (Library) Monique leConge; (Administrative Services) Joe Saccio, Tarun
Narayan, (Auditor) Jim Pelletier, (Attorney) Melissa Tronquet
ROLL CALL
4:02 PM
ORAL COMMUNICATIONS
None
APPROVAL OF MINUTES – July 24, 2012
Approved
AGENDA REVIEW & REVISIONS
UNFINISHED BUSINESS
1. DISCUSSION – Construction Progress
a. Mitchell Park Library & Community Center
Debra Jacobs said she wishes she had more to report on MPL since the last
meeting but the only main thing she can say has been achieved is permanent
power
Phil Bobel said that the City has limited rights under California law regarding
contracts. The City must take the low bidder and then either use them or drop
them and rebid
Staffs’ estimate is that going through a rebid process would take too long
Bobel staff is very disappointed with the construction delays
2
In response to a question about the time limits in which bond money must be
spent, Joe Saccio said he did not feel the City was improperly acting
o Saccio said as long as the City is spending the money in a good-faith time
frame and as long as the City is trying to get the project done the City is
OK
Bobel said he was disappointed with the way things had gone and was sad to
say that when a temporary use and occupancy permit is issued some minor work
will still be going on but hopes it is not intrusive to users and staff
Alice Smith said Bobel should speak with the head of Flintco, not the head of
Flintco Pacific, about how poorly the project is going
o Bobel agreed with this
b. Temporary Main Library
Brad Eggleston said Main is at 95% design and is going well
o The plans were sent to plan review as well
Eggleston also noted that staff has made a long list of things that have not gone
well at MPL that they will use to enhance the contract for Main including a true
not to exceed figure, prequalification of subcontractors, and more detailed
provisions for the constructability review
Nova Partners is the construction manager for Main and will help staff work
through the bid process and selection of a contractor.
o Staff is looking to do this in March of 2013
John Melton said he wants to make sure that the Council’s CMR for the
authorization of bond funds for Main is written differently
The Art Center Auditorium will serve as the temporary Main Library and is
essentially ready
Staff is trying to minimize the time between when Main closes and when the
temporary Main opens
Melton commented that the temporary library at Cubberley is working very well
Also, the Downtown and College Terrace libraries will be open extra days when
Main is closed
Dena Moser requested the City have short term parking at the Downtown Library
back lot instead of the colored zoned parking it currently has
2. DISCUSSION – Design Progress (Phil Bobel)
a. Main Library
Included with the discussion of item # 1B above
3
NEW BUSINESS
3. DISCUSSION - GO bond assessment for FY 2012-13
Nothing further to report out since the last meeting
4. DISCUSSION - Update on reconciliation of Main Library costs (Phil
Bobel)
Eggleston distributed a more detailed and updated Main Library cost estimate
Eggleston said Group 4 Architecture revised their estimated cost figure based on
the 95% design and that Nova Partners would be independently checking that
figure as well
Bobel said that he was taking into account the fact that reserves are lowering but
is confident that the current reserves are sufficient even considering the fact that
more MPL additional costs are going to occur in the future
Bobel said that additional funds were contributed to Main and that he is working
hard to make sure that even in a worst case scenario (in terms of cost) that the
City’s General Fund is not hit hard by this
5. DISCUSSION - Draft Financial Report Summary from Administrative
Services (Tarun Narayan)
a. Expenditures to date – summary spreadsheet
Tarun Narayan said there were $800,00 in additional expenditures and that those
are consistent with what has been going on with the project
Narayan said there were minor increased legal and consultant costs but most of
the increases are construction costs
Jim Pelletier asked it if was better to break down the contract costs versus
projected costs of the budget history and projection figures
o Narayan said that he understands the concern but feels this is the best
presentation for clarity to the public
Moser asked about the variations in figures the LBOC sees versus the City
Council sees
o Staff explained that is only a matter of when the different groups meet and
that for every report a cut-off date is required for data so they will never be
exactly the same unless they are meeting on the same cycle
In the future staff wil communicate the difference between the figures in the bi-
monthly report and the LBOC report
Melton asked if Council understood that the money is evaporating in the reserves
and Bobel said the Council is very clear on that
Melton asked if the media ever asked about this report or if any citizens had ever
inquired about it and the consensus was no
4
6. ACTION - Approval of Quarterly Report to Finance Committee
Approved 4-0 as amended (the removal of the box on page 3 and a change to
the transmittal letter communicating the difference between the figures in the bi-
monthly report and the LBOC report)
7. ACTION – Election of a new LBOC Chair and Vice-Chair
Hirsh elected as 2013 LBOC Chair 4-0 as nominated by Schmidt
Alice Smith elected as 2013 LBOC Vice-Chair 4-0 as nominated by Mosser
8. Next Steps
a. Next meeting – January 22, 2013
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
Co
s
t
Percent Completion
Mitchell Park Library Approved Change Orders (CO's) and Outstanding
Potential Change Orders (PCO's)
Approved CO's
Outstanding PCO's
Flintco COR's
10% Contingency
20% Contingency
4.19
(DT)
5.21
(DT)
4
(DT)
$44.6
(Mitchell)
$49.04
(Mitchell)
$50
(Mitchell)
$22.66*
(Main)
$20.1
(Main)
$18
(Main)
1.65
(Other)
1.65
(Other)
4 (Other)
Cu
r
r
e
n
t
P
r
o
j
e
c
t
i
o
n
En
g
i
n
e
e
r
'
s
E
s
t
i
m
a
t
e
Bo
n
d
E
l
e
c
t
i
o
n
Es
t
i
m
a
t
e
Dollars (Millions)
Library Bond Fund Utilization Projections
(February 2013)
Mitchell Park Library Main Library Temporary Libraries & Bond Costs
$73.1M $76M
*The Main Library Projection was increased following Council approval on July 25, 2011 (Staff Report #1438) of approximately $1.7M of design
amendments and future building improvements related to deferred maintenance, code upgrades and service enhancements.
Palo Alto Library Projects
Bi-Monthly Progress Report
January-February 2013
Mitchell Park Library & Community Center
Main Library
Mitchell Park Main Entry
Table of Contents
I. Mitchell Park Library & Community Center
Status Report
Management Summary
Schedule Milestones
II. Main Library
Status Report
III. Financial Summary
Mitchell Park Library &
Community Center
3700 Middlefield Road, Palo Alto
The new Mitchell Park Library and Community Center is a highly
sustainable joint-use facility that will be a vibrant destination for
civic, cultural, social, educational, and recreational activities. The
new center, which will replace undersized and aged facilities, is
made possible through Measure N and the strong partnership
between the city and the community. During construction,
temporary library and teen center facilities are available at the
Cubberley Community Center.
WEB CAM LINK: http://173.164.239.206/view/viewer_index.shtml
January-February 2013
PROJECT CONSTRUCTION
CONSTRUCTION BEGAN:
September 2010
ANTICIPATED OPENING:
Late 2013
PROJECT TEAM
OWNER:
City of Palo Alto Public Works
ARCHITECT:
Group 4 Architecture
GENERAL CONTRACTOR:
Flintco Pacific, Inc.
CONSTRUCTION MANAGER:
Turner Construction Company
FOR MORE INFORMATION
www.cityofpaloalto.org/gov/topics/pro
jects/facilities/library/default.asp
KEY ACCOMPLISHMENTS
Drywall substantially complete
UPCOMING ACTIVITIES
Stonework started
Exterior painting and trim
Interior ceilings in progress
Ornamental fencing
Pavers installation
Mitchell Park Library Stonework Begins
Library Roofing Started
January-February 2013
The Mitchell Park Library Courtyard
Photos
Mitchell Park Library & Community Center
Management Summary
January-February 2013
Noteworthy Accomplishments
Drywall substantially complete with interior paint and ceiling work in progress
A replacement mechanical contractor is now on site
Mechanical room rework by the new mechanical subcontractor was done well
Current Project Challenges:
Processing the high volume of change documentation and providing direction
o Flintco reports submittal of 97 more change order requests is still pending
o Weekly review meetings are in progress
The pace of work needs to pick up with more manpower assigned to critical path activities
o April is anticipated as a busy month
Disputes over non-compliant work need resolution
Mechanical room work by plumber and electrician remains
Safety
Public Safety is a priority outside the fence. No incidents reported to date.
Quality Control
City and Special Inspection Work:
o Work needs to be ready when inspection is requested
o Work should pass inspection the first time
Quality Control Observation Reports:
o Open reports for above ceiling work need to be signed off
o Courtyard concrete bench finishes successfully repaired
o Remedial sliding glass doors work is in progress
o Window water testing is complete
Costs:
The City issued 40 Change Orders dealing with 370 specific Change Order Requests.
An additional 120 change requests were closed at no cost and 101 were rejected.
Mitchell Park Library & Community Center
Schedule Milestones
January-February 2013
Main Library
1213 Newell Road, Palo Alto
Exterior View
January-February 2013
2011
PROJECT CONSTRUCTION
CONSTRUCTION BEGINS:
Summer 2013
ANTICIPATED OPENING:
Late 2014
PROJECT TEAM
OWNER:
City of Palo Alto Public Works
ARCHITECT:
Group 4 Architecture
CONSTRUCTION MANAGER:
Nova Partners
FOR MORE INFORMATION
www.cityofpaloalto.org/gov/topics/pro
jects/facilities/library/default.asp
KEY ACCOMPLISHMENTS
Completed prequalification of
bidders
Plans submitted for building permit
Invitation for bids issued in March
UPCOMING ACTIVITIES
Bids to be received in April
Main Library will close and Temp.
Main Library will open in early May
The Palo Alto Main Library renovation and addition is in the
final phase of design “Better Libraries for Palo Alto” projects,
funded by the passage of Measure N by voters in 2008. The
project incorporates upgrades to the historic building’s structural,
electrical and mechanical systems while preserving the integrity of
architect Edwards Durrell Stone’s iconic design. The new
addition includes a program room and additional restrooms
to extend the services of this heavily-used branch. The
project targets LEED certification.
MEASURE
N
ENGINEER'S
ESTIMATE PROJECTED RESERVES
09010 Cubberley Temporary Library 645,000 619,687 25,313
09005 Downtown Library 4,000,000 5,212,000 4,189,759 1,022,241
09006 Mitchell Park Library & C.C.50,000,000 49,043,000 44,597,041 4,765,959
11000 Main Library 18,000,000 20,100,000 22,660,263 -2,560,263
11010 Art Center Temporary Library 500,000 528,232 -28,232
Bonding and Financing Costs 4,000,000 500,000 500,000 0
BONDED AMOUNT 76,000,000 76,000,000 73,094,982 3,225,018
- - -
January - February 2013 Update
PALO ALTO LIBRARIES
BOND MEASURE N PROJECTS
FINANCIAL SUMMARY
BUDGET COSTS
The combined projects currently have projected cost reserves of just over $3,000,000.
Notes on Projected Cost:
Temporary Library at Cubberley finished below estimate. Balance is held for move out costs.
Downtown Library is finished. Uncommitted Contingency of $228,352 is released.
Mitchell Park Library and Community Center bids were significantly below estimate.
Recent Design and C.M. Contract amendments are included.
Bond costs were reforecast and the financing budget was reduced to $500,000.
Main Library Budget increased $2,100,000 from financing budget reduction.
Council increased Project Scope. Projected Cost includes current estimated cost increases.
Projected Cost is based on CPA Public Works estimates.
Projected Costs are based on contracts awarded to date with their full contingency authorization.
Projected Costs for contracts not yet awarded are based on the current estimate.
printed 4/3/2013