HomeMy WebLinkAboutReso 2001-248 RESOLUTION NO. 2001-248
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING CITY STAFF'S ACTION ON
APPROVING CHANGE ORDERS ASSOCIATED WITH THE
CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS
FACILITY AND CORPORATION YARD, APPROVING ALL
THE CHANGE ORDERS LISTED ON ATTACHMENT B OF
THE RESOLUTION, AND AUTHORIZING STAFF TO
PROCESS UP TO AN ADDITIONAL $250,000 IN CHANGE
ORDERS
WHEREAS, on September 26, October 20, October 17, October 24 and November 14,
2000, the City Council approved the award of multiple contracts for the construction of the
Corporation Yard Project; and
WHEREAS, Highland Partnership, Inc., the City's Construction Manager, along with
City staff have been overseeing the construction work; and
WHEREAS, on September 26, 2000, the City Council mended Policy #574-01
authorizing the City Manager to approve all change orders pertaining to this job with a single
change order value not exceeding $50,000 and a cumulative value of up to $250,000; and
WHEREAS, this resolution will ratify staffs recent actions in approving change orders
valued at $246,810, listed on Attachment A, and approve change orders valued at $199,751,
listed on Attachment B; and
WHEREAS, staff is seeking authorization to process up to an additional $250,000 for
change orders in accordance with policy outlined above.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby ratify City staffs action on approving change orders valued at $246,810, associated
with the construction of the Public Works Operations Facility and Corporation Yard, listed on
Attachment A, and approving change orders valued at $199,751, listed on Attachment B,
attached hereto and incorporated herein as if set forth in full.
BE IT FURTHER RESOLVED that staff is hereby authorized to process up to an
additional $250,000 for change order approval in accordance with the policy outlined above.
Presented by Approved as to form by
Resolution 2001-248
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of August, 2001, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: Shirley Hort~/n, Mayor
Susan Bigelow, City Clerk
STATE OF CALIFORNIA ) --
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2001-248 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 7th day of August, 2001.
Executed this 7th day of August, 2001.
Susan Bigelow, City Clerl~
R200Z-248
I Change Orders For Ratification by City Council on August 7, 2001
,q Highland Attachment A
Chula Vista Corp Yard Project # 092 Highland Partnership, Inc
1800 Maxwell Rd Tel: 619-397-0367
Chula Vista, CA 91910 Fax: 619-397-0389
002 09201050-02 5/14/01 Extra Survey ACCULINE 5/29101 6/2/01 0 78000
002 09208110-01 5/14/01 Rework Hollow Metal Frames ~ Admin BRADYCO 5/29101 6/7/01 0 71800
004 09207600-01 5/31/01 Sheet Metal MQdS ~ Wash Sldg CSM 6/13/01 6/21/01 0 24,50000
Custom Color on Manufactured Wall
007 09207600-01 6/6/01 Panels CSM 6/13/01 6/21/01 6 8.30000
007 9202685-01 5/14/01 6" RP Gas Line For CNG SATURN 6/7101 5/18/01 0 41,25200
008 9202685-01 5/17/01 Fuel Island Trek Conduit SATURN 617/01 5/18101 0 17,11000
009 9202685-01 5/17/01 PointofSaleControllerConduit SATURN 6/7/01 5/18/01 0 7,41000
010 9203200-01 5/14/01 Added Rebar @ Pit #1 Footings PCS 5/29/01 6/6/01 0 541.00
011 9203200-01 5/14/01 Structural Reinforcement Ovedime @
Maint Bldg PCS 5/29/01 6/6/01 0 20300
)12 9203200-01 5/14/01 SOG @ HHWD Facility PCS 5/29/01 6/6/01 0 1,10200
013 9203200-01 5/30/01 Added RebarScope PCS 6/13/01 6/20/01 0 1,105.00
003 9203300-01 4/3/01 Revised Site Lighting Plan Standards SOLPAC 4/18/01 4/30/01 0 ~2,500 00
009 9204150-01 5/21/01 Parapet @ Existing Shops FABER 6/7/01 6/18/01 0 4,411 00
010 9204150-01 5/21/01 Wash Bldg. Masonry Changes FABER 6/7/01 6/18/01 0 97200
005 99206100-01 5/30/01 Build AC & Mechanical Boxes on Roof
of Old Shops BLDG. HELIX CONST. 6113101 6/18/01 0 1.85400
001 9209255-01 4/3/01 Shops B~dg MS Framing Change WRCHAVEZ 4117/01 5/22/01 0 36000
001 9209900-01 5/30/01 Painting at HHWF PECORARO 6/13/01 6118101 0 6,365.00
003 9215000-01 5/17/01 Strainers For Heating & Cooling Coils LGSMTL 6/7101 61131001 0 29,11600
004 9215000~01 5/17/01 Cut & Cap Bypass @ Existing AH-1 LGSMTL 5/29/01 6/4/01 0 48500
oll 9215400-01 5/11/01 Maintenance B{dg Vent Value
Engineering MHP 5/29/01 6/4/01 0 -4,651 00
012 9215400-01 5/14/01 HHWD Facility Pumbing, Storm &
Waste MHP 5129101 614/01 0 1,99000
0t3 9215400-01 5118101 Flush Valves MHP 617101 6/14/01 0 52000
014 9215400-01 5/24/01 NGConnections-CREDiT MHP 6/7/01 6/14/01 0 -2.41000
001 9216000-01 4/16101 Electrical Plan Clarification Changes HELJX ELEC 4/18/01 5/2/01 0 -19.970.00
002 9216000-01 4/16/01 Added Admin Bldg Electrica~
Recepticals HELIX ELEC 4/18/01 5/23/01 0 4,32000
804 9216000-01 4/24/01 Add Duct Detector @ Admin A HELIX ELEC 5/3/01 5/20/01 0 521 00
006 9216000-01 4/27/01 Remote Display Panel HELIX ELEC 5/3/01 5/20/01 0 867 00
007 9216000-01 4/24/01 Copier Circuit @ Admin HELIX ELEC 5/3/01 5/20/01 0 1.000 o0
Jl 1 9216000-01 615101 Changes In Switch Gear HELIX ELEC 6/11/01 6/13/01 0 20,466 00
012 9216000-01 6/11/01 Added Feeders & Circuit to Chiller HELIX ELEC 6113101 6/19/01 0 4,94900
004 09205120-01 3/27/01 Revised Operahie Paditian @ Admin C&S DOC 0 10,938 0o
005 09205120-01 015101 Correction of Welding Procedures C&S DOC 6/13/01 0 -72000
015 9202660~01 6/5/01 Replace Existing Fire Service @ Central SHERWOOD 6/13/01 0 3,571.00
Stores
001 0920000-01 6/12/01 Web Cam Removal/Replace STUDIO 3-G 0 900
303 09201050-02 6/12/01 RestakeAdmin&MaintenanceBidgs ACCULINE 0 780
004 09201050-02 6/19/01 Restake/Refresh Curb Stakes @ Admin ACCULINE 0 520
005 09207600-01 6/5/01 ReplaceExistingBarrelSkylite@Admin CSM 0 39,000
001 09208110-01 2/16/01 Door Security Hardware Changes BRADY CO 0 31,282
014 9202660-01 7/24/01 A-4 Catoh Basin @ BUS Parking SOLPAC 0 3,100
008 9203200-01 4/6/01 Material Storage Bins - Rebar Deletion PCS 4/26/01 5/3/01 0 -1,469
009 9203200-01 4/11/01 CREDITForDoubleCharge PCS 4/18/01 5/1t/01 0 -434
014 9203200 01 6/13101 HHWD Facility Reinforcing PCS 0 1,237
O03 9204150-01 2/16/01 HC Modification to Door Openings @ FABER 0 127
Admin
006 9204150-01 4/6/01 HHWD Faci)ity Footing CMU Change FABER 4/26/01 5/8/01 0 170
011 9204150-01 6/13/01 Replace Temporary Power Pole FABER 0 300
002 9209900-01 6If 5/01 Water Repellant @ Wash Bldg PECORARO 0 1,092
002 9215000-01 5/1/01 Stub-up Chilled Water Pipes @ Chiller LGSMTL 0 1,896
Yard
015 9215400-01 6113101 Plumbing Valve Specifcatlon Change MHP 0 1,595
016 9215400-01 6/19101 GasLeaks(~AdminA&B MHP 0 3,135
017 9215400-01 6/20/01 HHWD Facility Plumbing Connections MHP 0 803
016 9216000-01 6/13/01 Replace Temp Power Pole HELIXELEC 0 300
)18 9216000-01 6/19/01 Signal Systems - Slurry - CREDIT HELIX ELEC 0 -2,399
R2001-248
Change Orders For Approval by City Council on August 7,2001
1,1 Highlan Attachment B
Chula Vista Corp Yard Project # 092 Highland Partnership, Inc
1800 Maxwell Rd Tel: 619-397-0367
Chula Vista, CA 91910 Fax: 619-397-0389
R2001-248
EXHIBIT B
At the City's option, at each Access Point Location, the City Conduit will be cut and capped. The
two ends will then be swept toward the side of the excavation closest to the future tie-in point with the City
sweep. The pit will be backfilled with slurry and permanently restored except for a small area (approx.
1 'x l ') around the ends of the City Conduit. In that area, the excavation will be backfilled with sand and
covered with a temporary cold patch pending completion of construction of the City sweep tied-in to that
location. The diagram below depicts this option:
5 - 1.5" HDPE Conduit
Backbone (4 Project
Conduits and 1 City Outline of bore pit excavation.
Conduit). This area will be backfilled
with concrete mix.
\
Project Conduits. /--~-~ of conduit.
A 1 'x l' area around the duct can be backfilled
X with sand and covered with a temporary cold
patch.
5 - 1.5" HDPE Conduit ~ Conduit. This conduit is
turned to the edge of the
Backbone (4 Project bore pit nearest the future
Conduits and 1 City Conduit) tie-in point and capped.
Exhibit C R2001-248
CONDUIT AGREEMENT
BETWEEN
GLOBAL CROSSING LOCAL SERVICES, INC.
AND
THE CITY OF CHULA VISTA, CA
This Conduit Agreement (the "Agreement") is made as of the 1 st day of August
2001 bet~veen Global Crossing Local Services, Inc. ("Global Crossing"), a corporation
organized and existing under the la~vs of Michigan, and having its principal place of
business in Rochester, New York, and the City of Chula Vista, California, a California
municipality (the "City").
WHEREAS, Global Crossing is constructing a multiple conduit, fiber optic
telecommunications system within the City consisting of four (4) 1-1/2 inch High Density
Polyethylene CHDPE") conduits and associated fiber optic cables (the "Project") along a
route within the City (the "Project Route"), as specified in more detail in that certain
Encroachment Permit to be issued by the City to Global Crossing authorizing installation
of the Project within City rights-of-way;
WHEREAS, the City has a need along the Project Route for a single HDPE
conduit for internal and joint govemmental uses;
WHEREAS, Global Crossing is agreeable to installing along the Project Route, in
addition to the Project conduit, one additional (1) 1-1/2 inch HDPE conduit for the City's
exclusive or joint governmental use (the "City Conduit"), and to transferring to the City
title to the City Conduit upon completion of construction of the Project and the City
Conduit, and Global Crossing's acceptance of the Project from its Contractor;
WHEREAS, the City has identified traffic signals, city buildings and other city
facilities within the City along or adjacent to the Project Route (the "City Facilities") that
it seeks to connect to the City Conduit upon completion of the Project through the
construction, at the City's sole cost and expense, of lateral HDPE sweeps between the
City Conduit and the City Facilities (the "City Sweeps");
WHEREAS, the City has asked Global Crossing to use the locations of certain
Project borepits as the points where the City Conduit will be separated from the Project
Conduit and where the City Conduit can be accessed for the construction of the City
Sweeps (the "Access Point Locations"), and to otherwise install the City Conduit and to
coordinate with the City so as to facilitate the City's timely access to the City Conduit for
the construction of the City Sweeps in the manner specified herein; and
WHEREAS, Global Crossing is agreeable to providing the City Conduit to the
City and so proceeding in the manner specified herein;
NOW, THEREFORE, in consideration of the premises and for other good and
valuable considerations, receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. Global Crossing shall install the City Conduit using the same HDPE
conduit as it uses for the Project in accordance with the plans and specifications attached
hereto as "Exhibit A". Upon the final acceptance of and assumption of title in the Project
and City Conduit from its contractor, Global Crossing shall convey to the City at no cost
to the City good and clear title to the City Conduit, free and clear of all liens and
encumbrances. Such transfer of title shall be evidenced by a bill of sale or such other
document as the parties may reasonably agree.
2. At each Access Point Location, Global Crossing agrees to do the
following: (a) Separate the City Conduit from the Project conduit and, unless otherwise
directed by City staff, place the City Conduit toward the curbside of the Project; (b) Raise
the City Conduit to a depth of between two and three I~et at the midpoint of the
respective Project bore pit; and (c) Bend the City Conduit at the entry and departure of
the Project bore pits at Access Point Locations at an angle of less than 45 degrees.
3. In addition to the foregoing, the City shall have the option of requesting
that Global Crossing install the City Conduit at the Access Point Locations in accordance
with the specifications set forth in "Exhibit B", hereto, provided that upon installation by
Global Crossing of the Cold Patches described in "Exhibit B" over the Access Point
Locations, it shall be the City's responsibility, at its sole cost and expense, to properly
maintain each such Cold Patch. To the extent the City elects to proceed under the option
set forth in "Exhibit B", and has completed installation of a City Sweep at one or more
Access Point Locations prior to Global Crossing's permanent restoration at such
locations. Global Crossing shall permanently restore such Access Point Locations,
provided that in the event the City has not completed construction of the City Sweeps at
any Access Point Location upon Global Crossing's installation of fiber optic cable in the
Project Conduit, Global Crossing reserves the right, at that time, to complete restoration
of the Access Point Location at its sole cost and expense. In no event shall Global
Crossing bear any responsibility or cost for restoration activities associated with
construction of a City Sweep after it has completed its restoration activities at and around
the corresponding Access Point.
4. Global Crossing agrees, to exercise best efforts to locate each Project
borepit that will serve as an Access Point Location, to minimize the distance from such
borepit to the City Facility to be tied into the City Conduit at that Access Point Location,
taking into account countervailing Project considerations, including Project design and
the location of other utilities. Prior to beginning construction at a particular bore bit that
is to serve as an Access Point Location, Global Crossing will provide City staff with the
location of that bore pit. City staff may request Global Crossing to change the location
along the Project Route of a particular bore pit that will serve as an Access Point
Location based on its proximity to the City Facility being tied-in from that location.
Global Crossing will use reasonable efforts to accommodate such a request, provided the
distance involved shall not exceed one hundred (100) feet. Global Crossing shall also
have no obligation to delay construction of the Project pending the City's review of the
location of particular bore pits that will serve as Access Point Locations.
5. Global Crossing understands that the City may seek to construct the City
Sweeps immediately upon completion of installation of the Project Conduit and City
Conduit, and agrees to use reasonable efforts in order to facilitate coordination by the
City of its construction of the City Sweeps with construction of the Project, provided that
such coordination will not delay construction of the Project.
6. In the event that the City elects not to proceed with the option for
construction of the City Conduit at Access Point locations described in Exhibit A, Global
Crossing will provide and install at a three-foot depth a 3M EMS Ball Marker at each
Access Point Location, provided that Global Crossing shall have no obligation to provide
more than 30 such Ball Markers. Each Access Point Location shall be marked with red
paint on the pavement and at the curb at a 90° angle alaer completion of installation of the
Project and the City Conduit. The mark shall designate the letters "CV" at each location
or such other letters as the City may request.
7. The City will indemnify, hold harmless, and defend Global Crossing and
Global Crossing's subsidiaries, affiliates, officers, directors, agents, employees,
independent contractors, subcontractors, and representatives (collectively the
"Indemnified Parties") from any and all actions, causes of action, suits, proceedings,
claims, demands, judgments, bona fide compromises or settlements, penalties, damages,
losses, liabilities, costs, and expenses (including masonable attorney fees and costs),
arising out of or relating to any direct claim or third party claim or allegation arising out
of or related to the maintenance or use of the City Conduit or the City Sweeps, or arising
out of or related to the temporary restoration of the Access Point Locations to the extent
the City elects to proceed with the option provided in Exhibit A, unless arising out of a
negligent act or omission of Global Crossing or its officers, agents or employees. With
respect to the foregoing indemnity, the City shalI defend and hold harmless all of the
Indemnified Parties and each of them, at no cost or expense to them whatsoever,
including but not limited to attorneys' fees and court costs. The City will provide Global
Crossing with reasonably prompt notice in writing of any claim to which this Section
relates.
8. Each Project manhole and other access facility associated with the Project
shall be for Global Crossing's sole and exclusive use, and nothing herein shall be deemed
to provide the City with any right of access, use fights, or any other right with respect to
Project manholes and other access facilities.
9. The City agrees that the City Conduit will be accessed exclusively at
Access Point Locations, unless Global Crossing and the City mutually agree on the
process for accessing additional locations along the Project Route at which the City
Conduit may be accessed. To the extent the City determines to obtain access to the City
Conduit at a point along the Project Route other than at an Access Point Location, City
agrees to provide Global Crossing with prior notification before commencing such work,
to enter into a reasonable agreement with Global Crossing related to protecting the
Project from any damage for destruction as a result of such City access to permit Global
Crossing to designate a representative to observe the work on-site.
10. Global Crossing agrees that the City Conduit will be installed by its
contractor in a workmanlike manner consistent with existing industry standards. In
addition, Global Crossing agrees to transfer to the City or assist in the transfer to the City
of any applicable manufacturer's warranties pertaining to the City Conduit, and for this
limited purpose, City shall be deemed to be a "purchaser" with respect to transfers under
such warranties.
11. EXCEPT WITH RESPECT TO THE WORKMANLIKE
INSTALLATION CONSISTENT WITH INDUSTRY STANDARDS OF THE CITY
CONDUIT BY GLOBAL CROSSING'S CONTRACTORS, GLOBAL CROSSING
MAKES NO OTHER WARRANTIES, REPRESENTATIONS OR AGREEMENTS,
EXPRESS OR IMPLIED, WiTH RESPECT TO THE CITY CONDUIT, INCLUDING
ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR
PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE EXPRESSLY
DISCLAIMED.
12. This Agreement supercedes all prior oral or written understandings
between the parties and, together with the terms and conditions of the Encroachment
Permit being issued by City concurrently herewith, constitutes the entire and complete
agreement of the parties with respect to the subject matter herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first written above.
CITY OF CHULA VISTA, CA GLOBAL CROSSING
LOCAL SERVICES, INC.
By: By:
Name: Name:
Title: Title:
J:\attorney\agl'ee\global crossing conduit agreement