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03.07 Design/Build Shaffer Park Amendment `4:�FP��9�,. y �,�'`~:�c1G 6�`'y,.� ��i �a� AGENDA ITEM �ti:. :oQ �F�U��GA��� . June 11, 2019 TO: Honorable Mayor and Members of the City Council -�� THRU: Rick Otto, City Manager FROM: Bonnie Hagan, Community Services Directo REVIEW: City Man er Finance � 1 . SUBJECT Second Amendment to Agreement with Morillo Construction, Inc. for the Design/Build of the Shaffer Park Renovation Project. 2. SUMMARY � Approval.of final change orders in the amount of $536,939.33 and an appropriation of $450,000 from park development fees to support this final project payment. A detailed list of change orders is attached as the scope of the amendment. 3. RECOMMENDED ACTION 1. Authorize the appropriation of$450,000 from the Park Acquisition-Infill unreserved fund balance to expenditure account number 510.7021.56020.30042, Park Acquisition-Infill — Shaffer Park Renovation. 2. Approve second amendment with Morillo Construction, Inc. in the amount of $536,939.33 for final change orders and authorize the Mayor and the City Clerk to execute on_behalf of the City. 4. FISCAL IMPACT The total expenditure for this amendment is $536,939.33 and will be funded in Shaffer Park Renovation (30042) through Park Acquisition-Infill (510). 5. STRATEGIC PLAN GOALS Goal 3: Enhance-and promote quality of life in the community a. Refurbish, maintain, develop and/or expand public use places and spaces. 6. DISCUSSION AND. BACKGROUND Background In December 2016, the City Council approved an agreement with Morillo Construction, Inc. (MCI) for #he Design/Build renovation of Shaffer Park. In August, 2017 City Council approved the first amendment to the Design/Build agreement setting the Guaranteed ITEM 3�� � 06/11/2019 Maximum Price at $6,300,000. The Shaffer Park Renovation project included the demolition of the existing community building and concession building, and the construction of a new community building; new concession building and storage with attached restrooms; realigned and reconstructed ballfield to include new lighting and , irrigation; new concrete walkways and a walking path around the perimeter of the park; and a new outdoor exercise area. The existing tot-lot, picnic shelter, and restroom remain and received cosmetic improvements to match the new park style. The entire park�was re-irrigated and landscaped. The park was successfully re-opened to the public on Saturday, April 13. The community has had a positive response to the new park, with use of the facilities in high demand. Discussion As the project progressed, certain unforeseen issues arose that required the approval of change orders to complete the work and meet the goals of the project. City Council approved a partial list of change orders as a second amendment to the agreement in the amount of $68,627.33 at the March 26, 2019 meeting. That second amendment was never executed. The March 26 list of change orders is now incorporated into a revised second amendment, attached herein. An additional list of change orders was negotiated for a total amount of $468,312. While this amount is significantly below what MCI had requested based on work they performed, the City and MCI agreed upon the below list of project areas that were valued at $468,312. • Water quality compliance • Grading operations • Soil conditions • Mature tree conservation • Key card access The new combined change order total is $536,939.33. The specific.list of change orders agreed upon between the City and MCI is included as the scope of work to the attached amendment. MCI still has a few minor items to complete for final project closeout, however, presented here is the final list of change orders. The proposed amendment includes language noting this resolves all claims regarding change orders and compensation. Staff anticipates returning to City Council for approval of the final Notice of Completion in July. MCI's original contract was $6,300,000. Combined with the proposed change orders in the amount of $536,939.33, MCI's final contract amount will be $6,836,939.33. This represents an 8.5% increase. Total project costs, including the proposed change orders, is anticipated to be $7.9 million. A project cost summary is attached for reference. 7. ATTACHMENTS 1. Second Amendment 2. Project Cost Summary ITEM � 2 �06/11/2019 � AGR-6432.2 SECOND AMENDMENT TO DESIGN-BUILD AGREEMENT WITH GUARANTEED MAXIMUM PRICE THI5 SECOND AMENDMENT TO DESIGN-BUILD AGREEMENT WITH GUARANTEED MAXIMUM PRICE (the "Second Amendment") is made and entered into as of , 2019, by and between the CITY OF ORANGE, a municipal corporation ("Owner"), and MORILLO CONSTRUCTION, INC., a California corporation ("Design-Builder"), with reference to the following: A. Owner and Design-Builder entered into that certain Design-Build Agreement with Guaranteed Maximum Price (Agreement No. 6432) dated as of Deceinber 13, 2016 (the "Original Agreement")with a Guaranteed Maxiinum Price of$6,300,000; B. Owner and Design-Builder amended the Original Agreeinent by that certain First Amendment to Design-Build Agreement with Guaranteed Maximum Price, dated as of August 28, 2017 (Agreement No. 6432.1) (the "First Ainendment") to amend the start and coinpletion dates, confinn the Guaranteed Maximum Price of $6,300,000, and supplement the Contract Documents. The Original Agreement and the First Amendment are incorporated herein by this reference; and C. Owner and Design-Builder desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreeinent for the purpose of fully and finally resolving all claims regarding change orders and compensation. NOW, THEREFORE, the parties hereby agree as follows: Section 1. Recitals. The Recitals set.forth above are accepted as true and correct and incorporated herein. Section 2. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreeinent. Section 3. Cross-References. Owner. and Design-Builder hereby. agree that all references in the Original Agreement or this Second Amendment to the "Original Agreemeiit" are deemed and construed to refer to the Original Agreement, as implemented by this Second Amendment. , Section 4. Revised Scope of Services. Pursuant to Article 9.1 of the attachment to the Original Agreement entitled "Standard Form of General Conditions of Contract Between Owner and Design-Builder" ("Attachment to Original Agreement"), the Contract Documents set forth in Article 2 of the Original Agreement are hereby amended, modified and supplemented to include the approved change orders described on Exhibit A, attached hereto and incorporated herein by this reference. Section 5. Comqensation. A. Pursuant to Article 9 ("Changes to the Contract Price and Time"), Article 9.4.1.2 ("Contract Price Adjustments") and Article 10 ("Contract Adjustinents and Disputes") of the Attachment to Original Agreement, the total not-to-exceed compensation for the services to be rendered by Design-Builder is increased by FNE HiJNDRED THIRTY-SIX THOUSAND NINE HLTNDRED THIRTY-NINE DOLLARS and 33/100 ($536,939.33) to a total of SIX MILLION EIGHT HUNDRED THIRTY-SIX THOUSAND N1NE HUNDRED THIRTY-NINE DOLLARS and 33/100 ($6,836,939.33). B. All pertinent Articles in the Original Agreement are hereby amended to reflect the revised Guaranteed Maximum Price of SIX MILLION EIGHT HUNDRED THIRTY-SIX THOUSAND NINE HUNDRED THIRTY-NINE DOLLARS and 33/100 ($6,836,939.33), including: • Article 2.1.2 • Article 6.1.2 • Article 6.5.2.1 C. The Parties agree that the amount set forth in Section S.A, above, constit�rtes a � mutually accepted, luinp sum payable by Owner to Design-Builder and that said amount constitutes payment in fizll for all fees identified in Article 6 of the Original Agreement, including but not limited to the Contract Price; Design-Builder's Fees, Change Order Fees; Cost of the Work, and Allowance Iteins and Allowance Values; and Liquidated Damages as identified in Article 5.4. D. Notwithstanding any other provision of the Original Agreement, as implemented by this Second Amendment, the parties hereto agree and covenant that Design Builder is entitled to no additional compensation for compensable delays and Owner shall be:entitled to no Liquidated Damages for the work performed under the terms of the Original Agreement. Section 6. InteEration. This Second Amendment amends, as set forth herein, the Original Agreement and the First Amendment and, except as specifically ainended hereby, the Original Agreement and the First Amendment shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Ainendment and the terms and provisions of the Original Agreement and/or the First Amendment, the tenns and provisions of this Second Ainendment shall control and govern the rights and obligations of the parties. [Renaainder of page intentionally left blanlc;signatures on nezt pageJ 2 IN WITNESS of this Agreement,the parties enter into this Agreement on the year and day first above written. "DESIGN-BUILDER" "OWNER" MORILLO CONSTRUCTION, INC., CITY OF ORANGE, a municipal corporation a California corporation �By: By: Printed Name: Mark A. Murphy, Mayor Title: *By: ATTEST: Printed Naine: Title: Pamela Coleman, City Clerk APPROVED AS TO FORM: Gary A. Sheatz, City Attorney *NOTE: The City requires the following signature(s) on behalf of the Design-Builde�: =- (1) tlze Chairmnn of the BoaYd, the President or a Vice-President, AND (2) the Sec�etary, the Chief Filzancial Officer, the Treasurer, an Assistant Secreta�y or an Assistant Treasurer. If only one co�porate officer exists or one corporate officer holds more than one corporate office,please so indicate. OR -- The corporate of'fccer named in a corporate resolution as authorized to enter into this Agreement. A copy of the coYporate resolution, certified by the Secretary close in time to the execution of the AgreehZent, h:ust be pvovided to tlze City. 3 . Shaffer Park Renovation Change Order Log Project Address: 1930 N Shaffer St, Orange, CA 92865 . E � No Date Submrtted �§ � � Description , �,� ' Change Order _ E ; �.r �: �. � ��E �� 'f � Am „ � �__�... .. o n prove __.�, . ... ,..,,,'. �,.�...4 , ,� . _<, :: ;; , , _ .�. „_ __, , .,:t':� ,_..,,r.,.__,_., , , . . „-;, , � 1 1/23/2018 Transite Pipe Removal $ 13,886.19 3 4/3/2018 Flush Valves&Lavatory Faucets $ (1,032.49) 4 4/29/2018 Remove&Replace Existing Walkway(ADA Sidewalk) $ 8,257.34 7 5/7/2018 Credit for Exterior Drinking Fountains $ (4,326.12) 8 5/29/2018 SCE Pathway $ 21,910.91 9 5/7/2018 Repair of Existing Curb Around Playground $ 13,788.64' 10 5/26/2018 Furnish and Install Additional Bench $ 2,406.95 11 6/3/2018 Additional Transite Pipe Removal $ 7,633.31 14 7/30/2018 Downspout Change $ 4,298.07 23 11/26/2018 Wood Stain on MPR Ceiling Beams $ 1,804.53 Combined sub-total for change orders listed below $ 468,312.00 6 4/29/2018 Swale and GutterAdditional Work 13 6/14/2018 Key Cord Access 16 10/9/2018 Radius Retaining Wall 17 8/28/2018 T&M Regrade Revisions Due to Tree Conservation 19 8/28/2018 Sod vs Stolon 20 8/28/2018 Soil Amendment 21 10/9/2018 Low Retaining Wall NE of Comm Building 22 9/23/2018 Additiona/Compaction and Ripping 25 2/2/2019 Remove and RepairAspha/t due to Soil Foilure 26 4/8/2019 Additional Earthwork and Turf Repair �„ �_ ' � } ; Total Change Order Arnoun� _ $_ 536,939 33„: $ 6,300,000.00 Original Contract Amount $ 536,939.33 Approved Change Order Amount ' $ 6,836,939.33 New Contract Total � Exhibit A Page 1 of 1 SHAFFER PARK RENOVATION PROJECT COST SUMMARY � � PROJECT COMPON:ENTS � ' Ci 's.Costs . Construction Management—GKK Works $ 438,511 Desi n/Construction—Morillo Construction Inc. (MCI) 6,300,000 Utilities and Testing—geotechnical, electrical support, materials and soils 265,371 testin , environmental assessment, abatement Shade Sails—Shade Structures Inc. 146,154 Park and Program Fixtures,Furniture&Equipment 170,440 Sub-total 7,320,476 ITEM FOR CONSIDERATION JUNE 11,2019 MCI Change Orders 536,939 ESTI.MATED PROJECT TOTAL' ' ' ' $7,857,415 �� FUNDING STATUS , � . - ' Funds reviousl a ro riated to Shaffer Park Renovation � Fund 510 (Park Ac uisition—Infill) $7,437,602 Fund 500—Women's Club Donation 4,000 . Sub-total 7,441,602 Pro osed funds for allocation on June 11,2019 Fund 510 (Park Ac uisition—Infill) 450,000 PROJECT ALLOCATION TOTAL AFTER.JUNE 11,2019 � . $7,891.,6.02 PROJECT ACCOUNT BALANCE $34,187 Attachment 2