HomeMy WebLinkAboutStaff Report 3955City of Palo Alto (ID # 3955)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/5/2013
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 88%complete (based on expenditures to Flintco)
and it is anticipated that the three-building complex will be open to the public in late 2013. The
estimated opening time frame has been changed from our earlier estimate of spring 2013 to
late 2013 due to delays caused by the contractor and their 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 84%to 88%since the last report.
Because of the delays, errors,omissions, and unacceptably slow pace of construction, the City
issued a Notice to Flintco on May 2, 2013 (Attachment F)that it intends to initiate default
proceedings unless specified actions are completed by designated milestones. If initiated,
these proceedings would remove Flintco and replace it with a new general contractor to
complete the project. The number of subcontractor personnel on site and the pace of the
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project have improved since the May 2 Notice. However,schedule slippages for completion of
key mechanical and electrical components have occurred.The City and its contractors are
attempting to adjust the work sequencing to avoid further project completion delays.Staff is
monitoring compliance with the milestone dates and the pace of construction very closely and
will report to Council frequently in the coming weeks.
As a follow-up to the City’s May 2, 2013 letter, subsequent letters were also sent reiterating
previous statements. The most recent of those follow-up letters is also attached (Attachment
G).
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 $3,724,508 has been approved by the City, or approximately 15%
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
base contract 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
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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 June 17, 2013,several
major milestones have been completed.All major HVAC systems have now been started up,
with the exception of the unit for Building C-South, the Community Room and Kitchen.
Carpeting and cabinet installation has commenced. The terrazzo floor in the Café has been
completed. Wood slat work finishes have commenced and are almost completed. The Green
Wall on the northeast wall of the building has been completed. The attached “Schedule
Milestones” page in Attachment E has been revised to show the remaining key milestones.
Some corrections to mechanical, electrical,and plumbing (MEP)work below the floor and
above the ceiling are still outstanding, but much progress has been made. 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 higher than for a typical project.
All of these problems were detected by the City’s building inspectors or construction manager,
Turner Construction,and the contractor is contractually 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 specific components of the work that Flintco is
unable or unwilling to do.The City plans to pass the Big D costs on to Flintco Pacific. The
maximum amount of the contract is $240,000, which is below the threshold for Council
approval.An action will be brought to Council for approval should it become necessary to
increase this contract. Big D Builders is the construction firm that recently completed the Palo
Alto Art Center renovations and their work on this project was done on time and under budget.
Compounding problems, Flintco has recently undergone some significant organizational
changes. The President of the company has been replaced and a portion of the Flintco
organization has been sold. In addition, several of the contractor’s key sub-contractors have
also gone out of business. The City has and will continue to meet with Flintco’s new President
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.
City of Palo Alto Page 4
Approved Construction Contract Change Orders
To date, 48 change orders have been approved for a total amount of $3,724,508. This amount
constitutes approximately 15%of the base construction contract amount. Since the last bi-
monthly report, there have been five additional change orders issued. Council has authorized
change orders up to 20% of the base contract amount;leaving about 5%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.
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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.
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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.
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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.
38 $27,673 Six extra work items including basketball equipment,
signage, and wall work totaling $27,789 minus credit given
for one of the six work items for tree planting work
adjustments totaling $116.
39 $48,234 Nine extra work items including a trash & bike enclosure, art
backing, signage work, and framing work.
40 $112,459 10 extra items including hand excavation work, EV work,
window work, and electrical work totaling $115,573 minus
credit given for two of the 10 work items for lighting
adjustments totaling $3,114.
41 $33,582 12 extra work items including column work, wall work, and
electrical work totaling $35,574 minus credit given for two
of the 12 work items for plumbing and ceiling adjustments
totaling $1,992.
42 $73,796 15 extra work items including fencing and gate installation,
AV work, and curbing totaling $88,558 minus credit given for
two of the 15 work items for driveway and waterproofing
adjustments totaling $14,762.
43 $47,849 12 extra work items including water system work, wood slat
steel supports, and trellis work totaling $52,281 minus credit
given for three of the 12 work items for granite bollards and
accent stone, drain piping, and a system permit set totaling
$4,432.
44 $30,299 Six extra work items including flooring work and curb work.
45 $83,960 Nine extra work items including flooring work, lighting work,
ventilation work, kitchen work for ADA purposes, and metal
planters.
46 $31,788 15 extra work items including landscaping work,plumbing
work, steel work, electrical work, and ventilation work
totaling $34,709 minus credit given for one of the 15 work
items for flooring work totaling $2,921.
City of Palo Alto Page 8
47 $29,389 20 extra work items including stonework, telecom cabling,
exhaust fan work, painting, electrical work, and green roof
work.
48 $16,811 Four extra work items including AC work, counter work, and
electrical work.
TOTAL $3,724,508 TOTAL CO’s 1-48
*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 9
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 $17,923
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 in 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.
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.
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 # 43-48 (PDF)
City of Palo Alto Page 10
·B -LBOC Agenda_7-9-2013 (PDF)
·C -LBOC Minutes_4-23-2013 (PDF)
·D -MPL Financial Charts_6-30-2013 (PDF)
·E -PAL Bi-Monthly Report May-June 2013 (PDF)
·F -City Notice to Flintco_5-2-2013 (PDF)
·G -City Follow-up Letter to Flintco_6-17-2013 (PDF)
Contract Change Order
City of Palo Alto
Department: Public Works Engineering
Contract Number: C11136473
~b~ntltact Change e':d~r R~r:t~ .. ''i;jJ,ree ~, cpnti~J~i!J ' , . , ' . ;, ~
0 ,"
_~j< ~ • " • I "', ,I., ~ ~ '1 '~"-/' ,,_"..,~ 'j " " ,"~_ll:¥ " , . . ,
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~r City 2! Palo ~Ito: By: Signature Declined BY:£'rlJ~
Andy Brophy -Phil Bobel Title: Flintco -Project Manager Title: Assistant Director of Public Works
Date: Date: tf/~(ff3
I I
SCOPE OF WORK
... a: 0 N '2-"'t.. 11) 0 :IE ~ U) 0 0
Il. 0 <C u.. 0 Description Amount
111 184 81 Granite Bollards and Accent Stones at Arch-Adjustment -2,977
154.2 582 1166,2 PhotoVoltaic System Permit Set -479
171.2 348 736 105 1095 ASI105 Wood Slat Steel Supports 23,449
171.3 348 1314 1095 RFI 1314 WD Slat support A206 Col AC/A5 clearstory Included
171.4 348 1315 1095 RFI1315 Wd Slat Steel Bldg A (A206) Col AC/A5 Included
171.5 348 1331 1095 RFI1331 Wood Slat Steel Supports (C139) Included
171.6 348 1380 1095 RFI 1380 Wood Slat Steel Supports Bldg C Included
186.2 577 577.3 1174 RFI 577.3 Drain Piping at VRF 2nd Floor Bldg A -976
300 464 123 1090 ASI 123 Vertical Trellis Bldg A 9,245
331.2 672 1165.1 1197 RFI 1165.1 AHU-2A Copper Piping 4,895
426 561 1526 163 1096.1 ASI 163 Valves & Controls AHU, FCU & Water Systems 13,942
483 648 1495 065 1204 RFI1495 C02 Sensor at Shelving 2/F Bldg A 750
Total for this change order 47,849.
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
t'":G}~Q'tt:aefe'n~q'ye';~~~~d-~~'~M~~~~~~~~:~~:p~i~~~~~:,':~ ":~t ~:',,: :,' ::', ':~',',:' :': ,', < .. ',<',i':-,;' ,:':':~' .,":" \ ,,:'" ," ":' .. :':~
l ,,~ I .,... ~., ~ ~, , .. c~ -~ J. "-~ __ • 'i> __ ''''~.,,~, "-_~ ~( '.I.T y ~ .:...:.t ~~ ~ -_ ~ «. ~ "'''~ .. ,, "' ... ~" L}, ,.' '-'it'. 1", ~ __ \j' • C", _, --, _. _ , ,( -"1 ,II
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: Accepted for Cit of Palo Alto:
By: Signature Declined By:
Title: Andy Brophy Title: Flintco -Project Manager
Date: Date:
SCOPE OF WORK
"'0 .., '?.. "t-Il) "'0::
(.) :e I.L en 0 0
0. (.) 0:: « I.L (.) Description Amount
294 407 1089 1193 RFI 1089 Flashing for EF Curbs Bldg B&C 1,650
355 503 133 1093 ASI 133 & 133.2 Sidewalk Grade 3,589 133.2
370.1 567 988 165 1053R1 ASI 165 FD-3 Diffusers and Controls Bldg A 8,855
381 507 1261 1051 RFI 1261 Duct Shaft Enclosure (A222) 1,275
401.5 699 1274 147 052 1184 ASI147 Linear Floor Diffuser Color 14,006
468 618 1424 1207 RFI 1424 Duct Adapter Rectangular to Oval Bldg A 924
Total for this change order 30,299.
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 ~ -,' ~ ""<''''''~-''':i''''' l"'~~->~'-~='--., '>-'""'i:~-~''''""'Tf'l',,,,-.,r.,,~<~~,, ..... \"~ ",,-. , --"~ u ~ ~!~ "'~--EJ~ola~ra'et~Jli;mge,2~t:fi!~~~'i=£~"fff~;ii;~~,S'~,~~~!~~§~(,:: ',' .. ' ,; ,,': .',{"" ~', ~''"''''''':~:'' " , r "~.. . ~ • '<. t_ },'f. F.,,~ £. ~r. ~"" ':.~~ ,~,' .;o.A , .. 0' ", __ ,~",~" :!~~ ~,,~ .,,:;1 _,,,-.'1'_,. ,..."-~;.; ,< ,_ ,-)' z "" ,~,·~d h' >.!. ~ .' '-'_ • _ .'
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: Accepted for Citll f Palo Alto:
By: Signature Declined By:
Title: Andy Brophy
Flintco -Project Manager Title:
Date: Date:
SCOPE OF WORK
"'0 N .., ... I/) ~
0 :E u: (j) 0 0 c. 0 0:: <C u.. 0 Description Amount
186.2 577 1174adj C0-43 Deleted Column Cover Credit Revised 801.
681
352 485 1111 1209 NSC Tank Copper Vent Material 14,173. 1111.1
1111.2
378 493 1225 1162 Refridgerant Pipe Flashing hood 5,475. r
Library Entray Under Floor Ductwork and
418 485 158 1209 Terrazzo epoxy sand fill upgrade A103 and B101b 27,518.
Coordinate & adjust resin floor at cafe counter no cost
434 690 164 1187 FQ1 Stack Lighting perpendicular to s. wall room A202 20,581 r
434 1427.1 095 FR1 Stack Light on south wall of room A203 Inc void
434 566 1427.2 164 FR1 Stack light deleted on south wall of Room A202 Inc
Closed
452 596 176 1089r2 Metal Planters 6,148.
497 657 1513 187 1183r1 Cafe and Kitchen revisions per ADA 9,264. I
/
Total for this change order 83,960. v
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 Chang~ 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: Accept City of Palo Alto:
By: Signature Declined By:
Title: Andy Brophy Title: Flintco -Project Manager
Date: Date:
SCOPE OF WORK .
"0 C'I ., "t-Il) D::
0 :E u:: en 0 0 13. 0 0:: c( LI. 0 Description Amount
101.3 576 022 1113 ASI 022 Granite Treads Stairs 2 & 3 Bldg A 1,993
304.3 692 076 1215 Pavers South of Southeast Driveway 3,857
342 497 1249 125 1062 ASI125 Double Door & Steel Under Window Teen Room (A104) 6,016
393 509 1198.1 1107 RFI 1198 & 1198.1 Ladder Safety Post NSC Tank 1,050
405 506 1278 1064 RFI1278 Compressed Lugs for Electrical Equipment -Settlement 4,500
430 555 1310.1 1160 RF11310.1 Accent Stone Soils Compaction 562
435 569 167 1136 ASI 167 Wharf Hydrant Location in Courtyard 5,141
451 588 1402 1110 RFI 1402 Stair 2 Angle Support Modification 1,009
457 646 1486 200 066 1195 ASI200 Exhaust Ventilation Tech Services (A216) 2,954
458 593 1152 Signage Foundations 338
485 640 1482 1180 RFI1482 Guardrail Receptacle Conflict East Terrace Bldg A 1,887
509 673 203.1 1185 ASI 203.1 NDS EZ-Drains at Landscape Areas 5,090
988, 1274, 1274.1, 19,49,
517.2 1274.2, 1274.3, 129, 147, Floor Diffuser and Plenum Box Reconciliation -2,921
1535, 1536 165
525 713 208 1218 ASI 208 Plant Substitutions Courtyard 157
528 714 210 1228 ASI 210 Granite Seat Paver at Beasley Sculpture 155
Total for this change order 31,788.
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
./
V
./
Contract Change Order
City of Palo Alto
Department: Public Works Engineering
Contract Number: C11136473
t .~, "t? I' '.,.. 'If ' ,', > '< " ' I ,'; • ,'.r,,' ",-", 'J , , ~ ''1 , , ' ,,~~ '. " ' , ' ' ,
' " , , , " ti~~''!!t1~~:~·cZ~~~€I;,~:~,:~~~ 1f.Q'~~~~~;'f~.fi!,.+:;·~f!'!:tJi:np:~tiJ: . .' ' " \'~i' \ ':', '.' "" ',':' , " , 1 , ~ -:." • ~ -j
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'~ 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~r Cituf Palo Alto:
By: Signature Declined BY:f~
Title: Andy Brophy • -'=-"'" Phil Bobel
Flintco -Project Manager Title: Assistant Director of Public Works
Date: Date: ~dl!~
I I
SCOPE OF WORK
~o N '" "L II) ~
0 :il u: tn 0 0
Il. 0 ~ < u.. 0 Description Amount
154.3 636 731 1178 RFI 731 Paint GSM Cap Flashing for PV Curbs Bldg A 1,471 ./
175.4 695 1558 1201 RFI1558 Aluminum Angle and Paint 946 ./
217.5 701 127 1200 ASI127Telecom Cabling 1,588 V
257.2 686 111 1188 ASI 111 Rework Column Ceiling Slope Revision Bldg A 995 ,/
266.2 649 894 1149 RFI 894 Motor Starters Exhaust Fans Mechanical Yard 2,962 ./
365.2 671 071 1219 Blackout Painting Above Bldg A Entry & Bldg C Classrooms 2,610 ,/
072
398.2 700 1286 1198 RFI 1286 Reroute Fire Sprinkler for Tunnel Bldg C 393 V
404 524 1043.2 1073.1 RFI 1043.2 Electrical for Green Wall Control Panel -Settlement 2,142 ./
419 543 1333 1114 RFI1333 Closure Panel North CW Bldg A 1,139 ./
444.2 705 171 1214 ASI 171 Engineering Ceiling Framing 938 ./
449 586 1397 1127 RFI 1397 Exterior Soffit Bldg B South Elevation 1,230 ,/'
456 599 479.1 179 1132 ASI 179 Night Sky Cooling Riser Room (A233) 2,836 ./
464 611. 061 1220 Shim Aluminum Angle for Stonework at Door Frames 3,004 v
488 658 191 1179 ASI 191 HC Pull Straps at Lockers 362 .,/
500 650 1103.1 1203 RFI 1103.1 Soffit at Drift Clips Bldg A (A208) 1,419 ./
502 652 1504 1181 RFI1504 LF1 Type Light Fixtures Beasley Sculpture ' 669 ,/
510.2 674 073 1211 FO-073 Furred Drywall Partition Bldg A (A205! A231) 590 t/
510.3 675 073 1213 FO-073 Furred Drywall Partition Bldg A (A137A) 420 t/
530 655 1445 1194 RFI1445 Green Roof Irrigation Connection 2,813 V
535 709 1577 1221 RFI1577 Bench Back at Casework (A108) 862 ./
Total for this change order 29,389. 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
ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F4
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
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 City of alo Alto:
By: Signature Declined
Title: Andy Brophy
Flintco -Project Manager
Date:
.... 0 '" .., "I:... tn (.) :;E u: U) 0 Il. (.) 0::: <C 1L
390 512 1272
407 525 1279.1
415 549 1354 155
545 727
1. Potential Change Order
2. Change Management
By:
Title:
Date:
SCOPE OF WORK
U)
0::: 0 (.) Description
1067 R,F11272 Counter Support Furring Bldg B (8104) -Settlement
1074 RFI 1279.1 Conduit Seals -Settlement
1142 ASI 155 Door Hardware & Light Switch -Settlement
1229R2 AC in NW Parking Lot (1000 SF)
Total for this change order
Amount
2,465
1,025
990
12,331
16,811.
/
,/
/
./
/
3. Request for Infonnation 5. Field Order or Extra Work Authorization
4. Architect's Supplemental Instl1lctions 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 PAGE2oF3
Agenda
Library Bond Oversight Committee
Quarterly Meeting
Tuesday, July 9, 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 – April 23, 2013
AGENDA REVIEW & REVISIONS
UNFINISHED BUSINESS
1. DISCUSSION – Construction Progress
a. Mitchell Park Library & Community Center
NEW BUSINESS
2. DISCUSSION - Update on Main Library Project
a. Construction Progress and Schedule
b. Bond Issuance
3. DISCUSSION - Draft Financial Report Summary from Administrative
Services
a. Expenditures to Date – Summary Spreadsheet
4. ACTION - Approval of Quarterly Report to Finance Committee
5. Next Steps
a. Next Meeting – Tuesday, October 22, 2013 or another date?
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
Tuesday, April 23, 2013
7th Floor Conference Room
4:00 PM – 5:30 PM
Committee Members Present: Sandra Hirsh (Chair), Alice Smith (Vice-Chair),
John Melton, Dena Mossar
Committee Members Absent: 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 – February 5, 2013
Approved as amended 4-0
o Amendment: fix typos
AGENDA REVIEW & REVISIONS
UNFINISHED BUSINESS
1. DISCUSSION – Construction Progress
a. Mitchell Park Library & Community Center
Melton recommended going back and recalculating the percent complete
Pellentir asked to make sure that Change Orders (CO’s) are accounted for
in the percent complete figure
Hackmann said staff has been working on refining the percent complete
figure
Eggleston and Jacobs explained staff is continually working through
issues related to the percent complete figure with Turner and Flintco
Mossar said that it is the LBOC’s job to ensure that there is enough money
to complete the project and that the LBOC needs to know all outstanding
2
charges related to the project to determine the City’s vulnerability
Smith then asked for an explanation of the worst case scenario
Eggleston suggested that staff bring back more information on this at the
next meeting
Smith encouraged far greater attorney involvement in all meetings
between staff and Turner and/or Flintco
Melton encouraged staff to email information to the LBOC if completed
earlier than the next meeting
b. Temporary Main Library
Eggleston said that the Temporary Main Library bookshelves have arrived,
the shelving has been installed, the office furniture and check out
machines are in place, and Main will close on April 30th with Temporary
Main opening May 3rd
leConge said that Temporary Main is very small, has very little shelving,
reduced hours, and is meant to be an in-and-out or pick-up library
2. DISCUSSION – Design Progress
a. Main Library
Eggleston said the design is done and the permits are ready
Eggleston said the project went out to bid in early March, bids were
opened April 9th, and of the five pre-qualified contractors four submitted
bids
Eggleston said the engineers estimate was $15.9 M and one bid was well
below that and most bids were $2-3 M above that
Eggleston said that the low bidder did not submit to the City the additional,
necessary paperwork and withdrew their bid
Eggleston said the City is working with the City Attorney’s Office on
whether or not they can cash in their bid bond
Eggleston said the low bid now is now approximately $17.7 M with SJ
Amoroso Construction Company
Eggleston said SJ Amoroso is a union contractor that does a lot of public
sector work
Eggleston said the buffer between the costs and the bonds is narrowing
but for reasons such as a new roof at the Main Library the City can dip into
the infrastructure reserve
Mossar said that the extra infrastructure projects (like roofing at Downtown
Library) may put the total library projects budget over the amount
approved by the voters. We should know in advance how this would be
handled.
Eggleston added that staff will recommend the City accept the SJ
Amoroso bid and not re-bid the project
o leConge agreed with this
leConge said the Palo Alto Library Foundation has achieved their $4 M
fundraising goal
3
NEW BUSINESS
3. DISCUSSION - Update on Main Library Project
a. Bidding and Construction Schedule
See 2A notes
b. Preparation of Bond Issuance
Narayan gave an update on the status of the bond issuance
Narayan said staff will ask Council on May 6th for the authority to issue the
remainder of the bonds
Narayan said if Council approves that request the bonds will go to market
in June with the intent to close the bond issuance by the end of June
4. DISCUSSION - Draft Financial Report Summary from
Administrative Services
a. Expenditures to Date – Summary Spreadsheet
Narayan said there have been $560,000 in expenses since the last report
Narayan explained the additional detail he added to the financial report
since the last meeting
Eggleston again explained additional expenses to the Main Library and
that those can come from the General Fund if necessary because they
were not included in the bond estimate
Pelletier said to update the figure for the next meeting on the Main Library
and the reasons for the budget increases
Pelletier asked why pages five to 16 of the financial report were included
o Narayan said those pages are provided because the LBOC asked
for that level of detail on expenditures
Pelletier asked about the difference between the contract amount and
what has been paid
5. ACTION - Approval of Quarterly Report to Finance
Committee
Approved as amended 4-0 (moved by Mossar, seconded by Melton)
o Amendment: the LBOC Chair will add a paragraph to the Finance
Committee transmittal letter highlighting LBOC concerns about
future costs
o Smith also requested that language be added stating that the
LBOC financial reports are not independently audited
6. Next Steps
a. Next Meeting – Tuesday, July 23, 2013 or another date?
The July 23, 2013 meeting was moved to July 9, 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)
$45.56 (Mitchell)
$49.04
(Mitchell)
$50
(Mitchell)
$22.39
(Main)
$20.1
(Main)
$18
(Main)
1.33
(Other)
1.65
(Other)
4 (Other)
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e
Dollars (Millions)
Library Bond Fund Utilization Projections
(June 2013)
Mitchell Park Library Main Library Temporary Libraries & Bond Costs
$76M $73.47M $76M
$29.24
(Flintco) $5.83
(Turner)
$6.02
(Group 4)
$4.47
(Other)
Palo Alto Library Projects
Bi-Monthly Progress Report
May/June 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
May/June 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
Carpeting and terrazzo flooring
installation commenced
Cabinet installation commenced
Green Wall completed
Three HVAC systems online
UPCOMING ACTIVITIES
Exterior painting and trim
Interior ceilings in progress
Finish carpeting
Finish cabinets
Mitchell Park Library Shelving Installation Commenced
Library Roofing Started
May/June 2013
Mitchell Park Library Green Wall
Photos
Mitchell Park Library & Community Center
Management Summary
May/June 2013
Noteworthy Accomplishments
Carpeting and terrazzo flooring installation commenced
Cabinet installation commenced
Green Wall completed
Three HVAC systems online
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
Disputes over non-compliant work needs resolution
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 and under floor work need to be signed off
o Remedial sliding glass doors work is in progress
Mitchell Park Library & Community Center
Schedule Milestones
May/June 2013
Mitchell Park Library & Community Center
Completion Plan
(Updated 7/31/2013)
Building Interior (Project Wide)
City Target Date
Mechanical/Electrical/Plumbing (MEP) Rough-in 8/5
Fire Life Safety Systems Online 8/8
Grid for Sloped Ceilings 8/9
HVAC System in C-South Online (Heat) 8/13
Interior Painting 8/13
Elevator Final Inspection 8/21
Begin System Furniture & Casework* 8/26
Automated Handling System 8/30
Staff Moves In (Substantial Completion; TCOO)** 9/25
Open To Public (COO) Late 2013
Building Exterior (Project Wide)
City Target Date
Exterior Stone 8/7
Exterior Painting 8/9
Final Parking Lot Paving 8/12
Art Work 9/30
*Air-out of buildings commences (14 day process)
**Inspections completed and a small number of punch list items remain. All fire safety requirements are met.
Main Library
1213 Newell Road, Palo Alto
Exterior View
May/June 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
Demolition work commenced
including asbestos abatement
UPCOMING ACTIVITIES
Complete lobby demolition
Complete roof demolition
Commence geo-thermal wells
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 4,191,782 1,020,218
09006 Mitchell Park Library & C.C.50,000,000 49,043,000 45,563,014 3,479,986
11000 Main Library 18,000,000 20,100,000 22,392,578 -2,292,578
11010 Art Center Temporary Library 500,000 528,232 -28,232
Bonding and Financing Costs 4,000,000 500,000 185,320 314,680
BONDED AMOUNT 76,000,000 76,000,000 73,480,613 2,519,387
Thru June 2013
PALO ALTO LIBRARIES
BOND MEASURE N PROJECTS
FINANCIAL SUMMARY
BUDGET COSTS
Last updated 7/30/2013
CITY OF
PALO
ALTO
OFFICE OF THE CITY MANAGER
250 Hamilton Avenue. 7th Floor
Palo Alto. CA 94301
650.329.2392
May 2, 2013
Mr. Tom Maxwell, President and CEO
Flintco Pacific
401 Derek Place
Roseville, CA 95678
VIA CERTIFIED MAIL AND ELECTRONIC MAIL
Re: Mitchell Park Library and Community Center Project, Palo Alto
Palo Alto Contract No. CII136473
NOTICE TO CORRECT DEFECTIVE WORK; NOTICE TO SUBMIT ACTION
PLAN FOR PERFORMING UNCOMPLETED WORK AND NOTICE OF
INTENT TO INVOKE DEFAULT PROCEEDINGS
Dear Mr. Maxwell:
We remain very concerned with the pace and quality of the construction at the Mitchell Park
Library and Community Center project ("Project") in Palo Alto. The Project is now
approximately one year behind schedule. Work crews are quitting or failing to show up to the
job site on a regular basis. The number of workers on site on a typical day falls considerably
short of what would be expected, and does not support significant progress on either available
work or essential corrective work. On days when crews are present, Flintco is not adequately
coordinating or supervising trades. Much of the work fails building department inspections, or is
identified on site as not complying with the Contract requirements. Most troubling is that Flintco
has submitted no plan for completing the Project any time soon. The City has repeatedly
informed Flintco of these problems in weekly team meetings and regular correspondence,
observation reports, corrective action reports, and inspection reports.
The City put Flintco's surety on notice of these problems earlier this year (see attached letter
dated January 18,2013) and has requested that it intervene to resolve these problems on multiple
occasions. The City hoped there would be an improved approach to managing the project when
Flintco's parent company was sold to Alberici Corporation. The reorganized senior management
does not appear to have taken any significant steps to address the City's concerns. The City has
attempted to motivate Flintco to complete the job by regular partnering meetings, field team
motivators and even financial incentives. Nothing has worked.
C i tyOf Pa I oA I to.o rg
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Page 1 of4
The schedules provided by Flintco show slippage each month. Recently, the slippage has been
so extensive that the schedule now indicates we are no closer to completion than we have been
for many months. In fact, Flintco has actually lengthened the schedule due to completed work
that must be torn out and re-done. This constant rework on the part of Flintco is impacting its
subcontractors' willingness to maintain adequate crews at the Project. The latest schedule
(submitted on 4/25/13) is the most alarming one yet as it shows extending completion from
October 8 to November 22,2013. Flintco's own schedule estimates it will take seven additional
months to complete a project that is already approximately one year late. In light of Flintco's
schedules and the lack of progress on site, it is reasonable to conclude that the Project will not be
completed for months without dramatic and immediate change.
We must now embark on a course of action to effect a dramatic change quickly and a return to a
normal and acceptable work pace. To that end, we are issuing this letter pursuant to sections
12.2.2 and 12.2.3 of the Contract's General Conditions requiring correction of defective work
and establishing time frames for action. If these actions are not taken and dates are not met, the
City anticipates issuing a Default Notice pursuant to section 15.2 of the Contact. The required
actions fall into three categories and are described below and in the referenced attachments to
this letter.
Category I: Urgent Corrective Actions
There are five components of the Mitchell work that need immediate corrective action. Those
five components are summarized in Attachment I and described in Attachments LA through I.E.
This letter constitutes your notice pursuant to sections 12.2.2 and 12.2.3 of the Contract's
General Conditions that corrections must be commenced within 7 days of this notice and
completed by May 30,2013.
Category II : Correction of all identified Defective Work
The Contract General Conditions section 3.6.1 provides that the methods and procedures adopted
by Contractor shall be such as to secure a quality of Work satisfactory to City and to enable
completion of the Work in the time agreed upon. Per General Conditions section 3.3.1,
Contractor shall be in charge of and responsible for all portions of the Work of the Contract, and
shall be responsible for conforming such portions to the requirements of the Contract Documents
and readying such portions to receive subsequent Work. Lastly, per section 12.2.2 Contractor
shall correct Defective Work that becomes apparent during the progress of the Work. Flintco has
produced defective work which is identified in the following three Attachments:
II.A. Inspection (Request) log
II.B. Turner/ABB Master QAlQC log (Site Observation Report)
II.C. Group 4 Architects Field Observation Log (This includes observation logs from
Group 4 and its consultants).
C ityOfPa I oAI to.o rg
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Page 2 of4
The Site Observation Reports and Quality Control Field Observation logs which describe
defective work have been sent to Flintco via multiple emails and reviewed in the Owner,
Architect, Contractor Meetings. The Turner/ ABB Master QAlQC logs have been provided to
Flintco numerous times (throughout April, May, and June 2012 and an outstanding open issues
log was provided on 7/11/12, 7117112, 8/31/12, & 11/07112 ). We also sent you the Site
Observation Report for the ABB "General Waterproofing Site Visit Report for Building A 9 11
12" on 9-20-12. Lastly, the Inspection Request logs and resulting Inspections are always
available on Sharepoint for Flintco to view at any time.
The City has requested Flintco to correct the items on the logs or provide the City with a
corrective action plan and timeline for completing the work. In addition, the City has requested
to be advised when actions have been completed, so that they can be field verified by the City's
appropriate agents.
Flintco has either failed to correct the items, failed to complete a corrective action plan and/or
failed to notify the City of any completed correction. Therefore, this letter constitutes notice to
Flintco pursuant to sections 12.2 of the Contract's General Conditions that corrective action is
required. Within 14 days of this notice, Flintco is required to submit to the City a detailed Plan of
Correction showing with respect to each item on the three logs: (1) Certifying that the corrective
work has been completed and is ready for a field re-inspection or (2) If the work has not been
completed, a plan for correcting it and the date on which it will be corrected.
Category III: Commencement of Available Work
The City has, at each Wednesday's Owner, Architect, Contractor (O.A.C.) Meeting, requested
Flintco to begin work in areas where work is available to Subcontractors. The pace of work is not
sufficient in large part because staffing has not been assigned to work on building components
which are available for such work. To avoid a default notice pursuant to Section 15.2 of our
Contract, Flintco must submit a Staffing Plan of work for the areas listed below within 7 days
and execute that plan immediately thereafter. The Staffing Plan shall list the Subcontractor, the
number of workers and the dates to be worked to address the areas raised in Attachment IILA.
Please respond to each of the requirements outlined above by the specified time frame. Failure to
do so will result in further action pursuant to our Contract.
Sincerely,
[List of Attachments on Next Page]
C i tyOfPa I oAI to.o rg
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Page 3 of4
Attachments
A. Letter dated January 18,2013
Category I Attachments: Urgent Corrective Actions
Summary of Items Requiring Urgent Corrective Actions
LA. Remaining deficiencies in the Sliding Glass Doors as described in Attachment LA.
I.B. Deficiencies in the Title 24 Glazing Certification as described in Attachment I.B.
I.C. Replacement of Cabling in Bldgs. B & C as described in Attachment I.C.
I.D. Correction of walls not meeting ADA clearances as described in Attachment I.D.
I.E. Correction of Waterproofing in Building A Shower Rooms as described in Attachment I.E.
Category II Attachments: Correction of All Identified Defective Work
II.A. Inspection (Request) log. Attachment II.A.
II.B. Turner/ ABB Master QAlQC log. Attachment II.B.
II.C. PA G4 Field Observation Log (This includes observation logs from Group 4 and its
consultants). Attachment II.C.
Category III Attachments: Commencement of Available Work
III.A. Areas for Commencement of Available Work
cc:
John Stump, Senior Vice President of Flintco Pacific
Mark D. Wood, Fidelity and Deposit Company of Maryland, Bond Number
PRF08975391/82198910
Alex Dam, Federal Insurance Company, Bond Number PRF08975391/82198910
Jim Hamel, Zurich American Insurance Company
Tom Tripp, Turner Construction
J. Michael Sartor, Director, Public Works, City of Palo Alto
Phil Bobel, Assistant Director, Public Works, City of Palo Alto
Molly S. Stump, City Attorney, City of Palo Alto
C ityOfPa I oA I to.o rg
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CITY OF
PALO
ALTO
PUBLIC WORKS DEPARTMENT
PO Box 10250
Palo Alto, CA 94303
650.329.2151
June 17,2013
Mr. Tom Maxwell
President and CEO
Flintco Pacific
401 Derek Place
Roseville, CA 95678
VIA CERTIFIED MAIL AND ELECTRONIC MAIL
Re: Mitchell Park Library and Community Center Project, Palo Alto
Palo Alto Contract No. Cll136473
CITY'S EV ALUTION OF FLINTCO'S RESPONSE TO MAY 2, 2013 NOTICES
Dear Mr. Maxwell:
This letter follows up on my letter of June 6, 2013 in which the City acknowledged receipt of
documentation dated 5/30/13 by Flintco with respect to the deadlines in the City'S 5/2/13 letter
concerning potential default on the Mitchell Library and Community Center construction project.
We have since reviewed the submitted information and the work performed on site. Not all the
work has been completed. This letter contains a summary of the remaining work which Flintco
has indicated it will complete in order to avoid the City finding Flintco in default.
Category I Corrections
Five specific corrections were required to be completed by 5/30/13 and each is addressed below
(Category I of the City's 5/2/13 letter):
1. Sliding Doors The problems with the doors have not all been corrected. In light of the
inability of the current subcontractor to fix the doors by 5/30/13, Flintco has advised the
City that it is in the process of receiving bids from new subcontractors to order and install
the doors required by the City-Flintco Contract ("Contract"). We understand that Flintco
has indicated that, if the City permits the door installation to proceed, that all door
installation will be completed by 9/30/2013.
In light of Flintco's commitment to a date certain for door installation, the City is
presently reviewing whether to permit Flintco to proceed with sliding door
installation. Tentatively, the City is willing to conduct air and water testing of the 3C
West doors (121,122 and 126) as part of this evaluation, and Flintco has requested that
the City schedule the testing. In the these three doors pass all tests, the City
Cit y 0 P~ge' y ~f 3 0 . 0 r 9
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will take that into its consideration of Flintco's progress. The City is hopeful that the
testing and inspection of the doors will permit these doors to be accepted, with the
remaining doors to have all corrections completed and accepted by Flintco' s deadline of
9/30/2013. The City reserves its right to declare Flintco in default concerning its failure
to install the sliding doors in accordance with its May 2, 2013 letter, and any additional
time provided to Flintco to complete its work shall not be considered a waiver of the
City's right to require compliance with all contract requirements. Please provide a copy
of the purchase order for the replacement sliding doors, and indicate submittal and
delivery dates. Please note that compliance with Title 24 (discussed below) is a further
requirement for acceptance of these doors.
2. Title 24 -Flintco submitted a package of materials on 5/29113 targeted to demonstrate
compliance with Title 24 for glazing. Our analysis finds that this package is nearly
complete. Flintco is expected to submit all remaining required documentation as detailed
in Attachment A. We understand that Flintco requires additional time in order to submit
the documentation and we agree to provide additional time. Flintco has indicated it will
submit all documentation required for Tide 24 glazing by 6/28/13. The City reserves its
right to declare Flintco in default concerning its failure to provide all required Title 24
documentation in accordance with the May 2,2013 letter, and any additional time
provided to Flintco to complete its work shall not be considered a waiver of the City's
right to require. compliance with all contract requirements.
3. Replacement of Cabling in Buildings Band C -Not all ofthe work was completed by
5/30, but it is now complete. The City expects Flintco to complete all testing
immediately.
4. ADA Corrections of walls -This work has been completed, except for the tiling. Flintco
has indicated to the City that there is additional lead time required when ordering new
tile. The City understands this and is agreeable to allow for extra time for the tiling work.
Flintco has indicated it will complete all tiling by 7/19/13.
5. Waterproofing of Building A Shower Rooms -This work has been completed except for
testing and tiling. As mentioned above, Flintco has indicated that there is additional lead
time required for ordering new tile. The City understands this and is agreeable to allow
for extra time for the tiling work and testing. Flintco has indicated it will complete all
tiling and testing by 7/19/13.
Category II and III Requirements
With respect to Categories II and III in the City'S 5/2/13 letter, Flintco has provided a 6 week
schedule and a one week staffing plan as a way of meeting the requirements for Plans to address
these two areas of concerns. Flintco indicated that it would submit a new staffing plan each
week. This has not occurred following the first week. The City expects Flintco to submit its
staffing plan and results from the previous week as Flintco had agreed to do in response to the
May 2,2013 letter.
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Additional Requirements
The City expects Flintco to meet the milestones indicated in Flintco' s 6 week schedule. The
6/10/13 milestone for continuously operating the HV AC system in Building A was partially met
in that air (albeit not conditioned air) is being moved through the building. The City expects that
Flintco will be successful in reaching all of the following milestones based on Flintco's schedule:
6/18/13 -Passing all above-ceiling and below raised floor inspections
6/25/13 -Completion of installation of all pavers
6/27/13 -Continuously operate HV AC systems in buildings B & C
7/10 /13 -Completion of installation of all wood slats and panels
Meeting all of the above requirements and time frames is necessary to avoid Flintco being found
in default. The City reserves its right to declare Flintco in default concerning its failure to meet
all of the above items in accordance with its May 2, 2013, and any additional time provided to
Flintco to complete its work shall not be considered a waiver of the City's right to require
compliance with all contmct requirements.
Sincerely,
ichael Sartor,
lrector, Public Works
City of Palo Alto
cc:
John Stump, Senior Vice President ofFlintco Pacific
,Mark D. Wood, Fidelity and Deposit Company of Maryland, Bond Number
PRF08975391182198910
Alex Dam, Federal Insurance Company, Bond Number PRF08975391182198910
Jim Hamel, Zurich American Insurance Company
Tom Tripp, Turner Construction
Phil Bobel, Assistant Director, Public Works, City of Palo Alto
Molly S. Stump, City Attorney, City of Palo Alto
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