HomeMy WebLinkAboutStaff Report 4075City of Palo Alto (ID # 4075)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 10/7/2013
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 96%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.Even the
“late 2013” estimate is optimistic, and recent developments make it less likely to be possible, as
explained below. The percentage completion has increased from 88%to 96%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 City’s June 17, 2013 letter is also attached (Attachment G).
Costs have increased above the bid amount primarily due to the performance of the City’s
contractors. To date, a total increase (Construction Contract Change Orders)of $3,781,522 has
been approved by the City, or approximately 16%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, the 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.
City of Palo Alto Page 3
Since the last bi-monthly report,which was submitted to Council on August 5, 2013,several
major milestones have been completed.Testing and Balancing (TAB) of the heating, ventilation,
and air conditioning (HVAC)systems has commenced. Carpeting has been completed and much
of the system furniture (staff desks and cabinets) has been installed. The terrazzo floor in the
Library has been completed and the granite stairway is underway. Parking lot paving has been
completed.The attached “Schedule Milestones” page in Attachment E has been revised to
show the remaining key milestones.
The main outstanding challenge is fixing problems and finishing work above the sloped, high
ceilings so that the ceiling tiles can be installed and final clean-up can occur.A recent associated
setback is the need to install an unanticipated sprinkler system above these ceilings. This new
system was necessitated by finding that the wood ceiling panels did not meet fire retardant
specifications.This contractor error was in addition to a series of deficiencies in the above-
ceiling work, all of which have combined to delay finishing the ceilings and prevent working
beneath them. Other deficiencies and slowness in finishing the raised pedestal floors on the
terraces, electrical work,and plumbing work have made it increasingly unlikely that we will be
able to move City staff into the buildings by the end of October, or open the buildings to the
public by the end of the calendar year, as hoped. Staff is working hard to minimize these
delays.
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
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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.
Approved Construction Contract Change Orders
To date, 50 change orders have been approved for a total amount of $3,781,522. This amount
constitutes approximately 16%of the base construction contract amount. Since the last bi-
monthly report, there have been two additional change orders issued. Council has authorized
change orders up to 20% of the base contract amount;leaving about 4%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.
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6 $25,123 Seven extra work items including additional gas main
protection, curb strengthening, and deck support for the
Building A green roof.
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.
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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.
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.
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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.
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.
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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.
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.
49 $17,466 Nine extra work items including parking lot work, a drinking
fountain, and electrical work.
50 $39,548 Eight extra work items including duct work, paving and
concrete work, and electrical work.
TOTAL $3,781,522 TOTAL CO’s 1-50
*For further information about the new 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.
City of Palo Alto Page 9
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.
Contract Amount Amount Expended
ZFA Structural Engineers $25,000 $19,581
Legal Counsel (Jarvis Fay)$75,000 $74,969
Reidinger Consulting (Scheduling)$85,000 $72,327
Legal Counsel (Otis & Iriki)$455,000 $440,113
Legal Counsel (Ginn & Crosby, LLP)$35,000 $18,871
David Neagley $275,000 $1,624
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.
City of Palo Alto Page 10
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 # 49-50 (PDF)
·B -LBOC Agenda_10-15-2013(PDF)
·C -LBOC Minutes_4-23-2013 (PDF)
·D -MPL Financial Charts_8-30-2013 (PDF)
·E -PAL Bi-Monthly Report July-August 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
i.~'::· /~~"::;W ~jJ:"'~ '(':3if:;:~~iiJ;fI?:1jW,fEf~W/!bf'f':t:fj:~if£~1¥j· :~~~~'iJ/2. ~~;~~;i,~~:: 'X~J~~,~?;~,:::~~~f:~i ?J:~:;~;J;n~?~~¥[~:?);~t:.1<:' 01, ::: :~~;k'~::' f~:,;;l~ [, Ji?''/!1 "Jjl .. Q '.' a.1i!rJi~·"",~ '.t~~t7.·,~,<~,!Jl[:ki''''"t, fl", ,J3<;t!JA."t?J/I<~""""i!" <~,< 'r'" .' ;c., < C'~i ""~< ,;'"",;" <.§ <.~,',,,,,,,",: 1~'1 "\!;;;' ,:; L (;., '" ,-' d', ., , t ,,' , J (f.J~k~~,~-f.'''",~lC. ="'fwf >J:l_;;:-t., ~,.n"", """, 1A".:lt-'e-:¥. ",'..;{~J,.., %L:o'! .:;,t~_",~\:-",.j:',$~i;i~)If,,<x .{c(f'2"7"'~-4"''"'tiJf.'¢.~''/~'>_~~tlS;,r;.:~,,,,";; "j~~~:dY~,J.r.jr...'....~f,· o1if1~h;zJJ<,J C::~1!; ~d)j',ili4\!'·!&\i~lJj;~,11'h~~;?r.:J£d"",*.t.::..:r'£t:.:...,.':'~ ,~~~~~''i'~i':.,.r;1d'''');' J>:~'~tt~:4;~
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 Palo Alto:
By: Signature Declined BY:(~ ~/O "t"
Andy Brophy Phil BODel ........
Title: Flintco -Project Manager Title: Assistant Director of Public Works
Date: Date: 1)2}3
I I
SCOPE OF WORK
.... to 0 N M 't.. '" 0:::
0 :E i.i: UJ 0 0
Il. () 0::: « LL (.J Description Amount
388.2 721 1599 1245 RFI 1599 C-Channel Signage Backing Main Entry Bldg A 1,031
504 663 192 1226 ASI192 Site Railing Parking Lot 4,343
506 661 1501 1231 RFI1501 Sealant Between Plaster & Granite Courtyard 763
515 678 1530 1232 RFI 1530 Break Metal Fire Riser Bldg B (B116) 1,212
519 689 1566 205 1234 ASI205 Casework False Partition & Sealant Bldg C 584
532 715 211 079 1242 ASI 211 Circuits for Modular Furniture Bldg A 3,128
536 708 1564.1 1249 RFI 1564.1 FG2 Type Fixture On/Off Control Bldg A (A 138) 701
542 723 212 1246 ASI 212 Drinking Fountain 2nd Floor Bldg A 4,126
551 722 1601 1252 RFI1601 Thermostatfor FCU-11A Bldg A (A104/ A147) 1,578
Total for this change order 17,466.
1. Potential Change Order 3. Request for Morulation 5. Field Order or hira 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
rfMl~~1~~~~g}l'~fl.fE~'1!lil"'I~~"!lj~?~~;~?~~:r~"~~~tt~~1~~~:~:rr~~f;~fft~~~if1;':f·~?' ;:~!~;~t~:i~~~~~"~\ ;:~ :~::",;~~, ~~~',~~~ . ~(~J1\Ih.zt:t:!1:~i~¥JtiiY~;;!.>ttli#~~~ ~~-l =,,-,Uf'~jiJ,~~'_~:J;r~~I. ~..c.~~t4&t~~~gii1.~j.:.w:_=~~g~;f2.?7;!t~~J:~-f~M ~:~ffi'l~;¥"r~;;!J.-4,~t.~~Att;-.;;};} :ri~4~~~;J<~~~,:~ ~~,;:J.~ T _~:, ~~:£~~ ~f~,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'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: Accep~ Cit~Palo Alto:
By: Signature Declined BY:( Jt:!J)U~:JJ ~ . 'lfi/ o-V""'(
Title: Andy Brophy . -Phil Bobel -
Flintco -Project Manager Title: Assistant Director of Public Works
Date: Date: 7/::4~j;3 , (
SCOPE OF WORK·
'0 <0
N .., "!:... I() 0::
(J .2: u:: (f) 0 0 Il. (.) 0:: <C u.. (.) Description Amount
142.2 668 696 1212 RFI696 RWL Rerouting (A128) -Settlement 1,791 ./.:'"
349.3 688 1109.1 048 1233 RFI 11 q9.1 ACT Trim Box Around Lights Bldg A (A231) 615 v'
521.2 697 202 1235 ASI 202 Bollard Bldg C (South) & Guardrail Bldg A (South) 1,316 ./
526 696 1548 080 1256 RF11548 Exposed Duct in MPR (C139) 20,450 ./
531 712 1585 077 1240 RFI 1585 Pavers & Concrete Bands Gate Children'S 6,450 V Courtyard
543 734 114,1 082 1251 ASI 216 Lutron Shade Controls 3,321 / 216
547 729 1610 1253 RFI1610 Ansul System Electrical Kitchen Bldg C (C146) 2,120 v'
553 738 217 1260 ASI 217 Furred Walls Kitchen Bldg C (C146) 3,485 v
Total for this change order 39,548. y'
1. Potential Change Order 3. Request for InfOnllatioll 5. Field Order or Ehira 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, October 15, 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), Houman Boussina
(City Auditor’s Office), Cara Silver (City Attorney’s Office)
Others:
ROLL CALL
ORAL COMMUNICATIONS
APPROVAL OF MINUTES – July 9, 2013
AGENDA REVIEW & REVISIONS
UNFINISHED BUSINESS
1. DISCUSSION – Mitchell Park Library & Community Center Update
a. Construction Progress and Schedule
2. DISCUSSION - Main Library Update
a. Construction Progress and Schedule
NEW BUSINESS
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, January 28, 2014 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)
$46.39 (Mitchell)
$49.04
(Mitchell)
$50
(Mitchell)
$22.39
(Main)
$20.1
(Main)
$18
(Main)
1.35
(Other)
1.65
(Other)
4 (Other)
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Dollars (Millions)
Library Bond Fund Utilization Projections
(August 2013)
Mitchell Park Library Main Library Temporary Libraries & Bond Costs
$76M $74.32M $76M
$29.24
(Flintco) $6.62
(Turner)
$6.02
(Group 4)
$4.51
(Other)
Palo Alto Library Projects
Bi-Monthly Progress Report
July/August 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
July/August 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 completed
Staff’s system furniture installation
commenced
Parking lot paving completed
HVAC testing & balancing
commenced
UPCOMING ACTIVITIES
Finish ceiling tiles
Install furniture
Obtain temporary certificate of
occupancy
Basketball court is finished and
NBA star Jeremy Lin and Mayor Scharff initiate it!
Library Roofing Started
July/August 2013
Mitchell Park Library Green Wall
Photos
Mitchell Park Library & Community Center
Management Summary
July/August 2013
Noteworthy Accomplishments
Carpeting and terrazzo flooring installation completed
Staff’s system furniture installation commenced
Parking lot paving completed
HVAC testing & balancing commenced
Current Project Challenges:
Processing the high volume of change order requests and requests for information from contractor
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
July/August 2013
Mitchell Park Library & Community Center
Completion Plan
Building Interior (Project Wide)
City Target Date
Begin Casework Installation 10/7
Interior Painting 10/11
Begin Functional Performance Testing 10/11
Elevator Final Inspection 10/14
Staff Moves In (Temporary Certificate of Occupancy)* 11/1
Open To Public (Certificate of Occupancy) Late 2013
Building Exterior (Project Wide)
City Target Date
Exterior Stone 10/11
Exterior Painting 10/18
*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
July/August 2013
2011
PROJECT CONSTRUCTION
CONSTRUCTION BEGAN:
June 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 completed including
asbestos abatement
Relocated three existing trees
UPCOMING ACTIVITIES
Complete site utility installation
Complete structural upgrades
Commence geo-thermal wells
Ghjghjk’;k’;
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 46,394,620 2,648,380
11000 Main Library 18,000,000 20,100,000 22,392,578 -2,292,578
11012 Art Center Temporary Library 500,000 536,509 -36,509
Bonding and Financing Costs 4,000,000 500,000 185,320 314,680
BONDED AMOUNT 76,000,000 76,000,000 74,320,496 1,679,504
Thru Aug 2013
PALO ALTO LIBRARIES
BOND MEASURE N PROJECTS
FINANCIAL SUMMARY
BUDGET COSTS
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.
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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).
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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]
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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
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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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J
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.
Page 2 of3
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
Page 3 of3