HomeMy WebLinkAboutAgenda Report - August 19, 1998 (57)AGENDA TITLE: Acceptance of Improvements Under Contract for Civic Center Data/Telecommunication
Cabling (Phase 11)
MEETING DATE: August 19, 1998
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council accept the improvements under the Phase II portion of the
above-named contract and direct the City Engineer to file a Notice of Completion
with the County Recorder's office.
BACKGROUND INFORMATION: The contract was awarded to Maverick Communications, Inc., of Hayward,
on November 16, 1994, in the amount of $106,573.50. The work was to be
done in two phases corresponding to the move out and back into City Hall.
Phase I of the contract was accepted on August 2, 1995, after being
completed in substantial conformance with the plans and specifications approved by the City Council. Phase 11 of
the contract included the installation/relocation required in conjunction with the City Hall Remodel Project.
The Phase I original contract price was $77,247.33; the Phase II contract price was $29,326.17. The final Phase I
contract price was $98,692.16; adjustments to the Phase 11 contract bring that contract total to $39,860.20. The
difference between the Phase I contract amount and the final Phase I contract price was due to nine change orders
totaling $21,444.83. The difference between the Phase II contract amount and the adjusted Phase II contract price
is due to two change orders totaling $10,534.03.
The long delay in completing the project and acceptance of the work has been due to two problems: the
contractor's failure to complete a portion of the required work and to provide information/details to process the last
Change Order (#10), and intervention by the State Labor Commissioner requiring funds to be withheld. The City
sent a certified letter (copy attached) requiring the contractor to supply additional information and/or justification by
March 27, 1998, or the final change order amount would be as the City proposed, at $7,392.72. No additional
information was received. The Labor Commissioner sent a final Notice to Withhold on May 29, 1998.
FUNDING: Budgeted Fund: 121.0-350.61
Current Appropriation: $125,000.00
Total Project Estimate: $140,000.00
v,ey
Richard C. Prima, Jr!
Public Works Director
Prepared by Dennis J. Callahan, Fleet and Facilities Manager
attachment
cc: Purchasing Officer
Fleet and Facilities Manager
Information Systems Coordinator
Construction Manager
Maverick Communications, Inc.
IF
APPROVED:
H. Dix nFlynn -- City Manager
Caccept2.doc 08/10198 so
PHASE
PHASE II
TOTAL
ORIGINAL PROJECT COST
$77,247.33
$29,326.17
$106,573.50
Change Orders 1 - 9
$21,444.83
$ 3,141.31
$ 24,586.14
Change Order 10
$ 7,392.72
$ 7,392.72
TOTAL COST
$98,692.16
$39,860.20
$138,552.36
FUNDING: Budgeted Fund: 121.0-350.61
Current Appropriation: $125,000.00
Total Project Estimate: $140,000.00
v,ey
Richard C. Prima, Jr!
Public Works Director
Prepared by Dennis J. Callahan, Fleet and Facilities Manager
attachment
cc: Purchasing Officer
Fleet and Facilities Manager
Information Systems Coordinator
Construction Manager
Maverick Communications, Inc.
IF
APPROVED:
H. Dix nFlynn -- City Manager
Caccept2.doc 08/10198 so
CITy�OLINCIL
. JACK A. SIEGLOCK, Mayor
KEITH LAND
Mayor Pro Tempore
STEPHEN J. MANN
PHILLIP A. PENNINO
DAVID P. WARNER
CITY OF LODI
Maverick Communications
29421 Kohoutek Way
Union City, CA 94587
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
March 19, 1998
CERTIFIED
SUBJECT: Civic Center Data/Telecommunication Cabling, Phase II
H. DIXON FLYNN
City Manager
ALICE M. REIMCHE
City Clerk
RANDALL A. HAYS
City Attorney
During the time period from July to September, 1996, you were requested to provide
additional information to us substantiating costs of the work completed under the last
proposed change order (copy attached) for the above project. No breakdown or
explanation of your "Labor" (at $8,272.00) or "Misc." (at $2,867.00) was ever given.
Test results were never supplied to the City, although "testing" was listed under the
"Labor" category. This change order was not approved or finalized pending receipt of
the requested information. Because the change order was not approved, the City has
not been able to accept the work completed under the contract.
We are requesting that the itemized information needed for the change order be
submitted to the City by 5:00 p.m., Friday, March 27, 1998. Failure to receive this
information will necessitate the final acceptance of the project using costs which the City
can easily validate. We feel that the final change order will total $7,392.72. This
includes the amounts you submitted for materials, tax, and shipping.
We received a revised Notice of Penalty Assessment from the State Labor Commission
dated January 26, 1998 (copy attached) that requires us to withhold $1250.00 from your
final payment and supersedes the one dated May 21, 1997.
We received your Invoices No. 8005 and 8006, dated February 4, 1998. No. 8005 in the
amount of $2,337.40 is for the 10% retainage on Phase II of the contract. This will be
released approximately 35 days after the project is accepted if no liens are received.
Invoice No. 8006 reduced your original change order proposal from $18,531.72 to
$16,181.72. The reduction included $1,100.00, "subtracted for the test results," and
$1,250.00, the State's penalty.
Lfinal
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fA
xck Communica..'-,s
March 19, 1998
Page 2
Before any money is released to you after the acceptance of this project, we must
receive a final judgment on the Notice of Penalty Assessment from the State Labor
Commissioner's office.
Dennis J. allahan
Fleet and Facilities Manager
Enclosure
DJCISBlsb
cc: City Attorney
Deputy Labor Commissioner
Information Systems Coordinator
Unal
CITY COUNCIL
JACK A. SIECLOCK, Mayor
KEITH LAND
Mayor Pro Tempore
ROBERT J. JOHNSON
STEPHEN J. MANN
PHILLIP A. PENNINO
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
August 13, 1998
Maverick Communications, Inc.
29421 Kohoutek Way
Union City, CA 94587
SUBJECT: Acceptance of Improvements Under Contract for Civic Center
Data/Telecommunication Cabling (Phase II)
H. DIXON FLYNN
City Manager
ALICE M. REIMCHE
City Clerk
RANDALL A. HAYS
City Attorney
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, August 19, 1998. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. if you have any questions about communicating with the
Council, please contact Alice Reimche, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Dennis Callahan at
(209) 333-6800, ext. 690.
ilj� eA��6 Richard C. Prima,.
Public Works Director
RCP/1m
Enclosure
cc: City Clerk
NCACCEPT2.00C