Subject:
Title
Change Order No. 2 with Caladesi Construction Co., PCL Construction, Inc., T.L.C. Diversified, Inc. and WPC Industrial Contractors, LLC for Job Order Contracting (JOC) pertaining to Wastewater Treatment and Water Plant Maintenance, Repair, Minor Construction and Underground Utilities projects
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Recommended Action:
Recommended Action
Approval and execution by the County Administrator of Change Order No. 2 with Caladesi Construction Co., PCL Construction, Inc., T.L.C. Diversified, Inc. and WPC Industrial Contractors, LLC for Job Order Contracting (JOC) pertaining to Wastewater Treatment and Water Plant Maintenance, Repair, Minor Construction and Underground Utilities projects.
Contract no. 156-0013-CP(DF); in the amount of $5,000,000.00 each for a total of $20,000,000.00 (unchanged); completion date is March 2, 2021 (unchanged).
Body
Strategic Plan:
Foster Continual Economic Growth and Vitality
4.4 Invest in infrastructure to meet current and future needs
Deliver First Class Services to the Public and Our Customers
5.3 Ensure effective and efficient delivery of county services and support
Summary:
The purpose of Change Order No. 2 is to delete the agreement provision for retainage and add a provision for payment related to satisfactory progress. Addendum no. 2 to the invitation to bid stated retainage would not be a requirement of the contract. However, the clause for retainage was not removed from the signed agreements due to an oversight. Job Order Contract (JOC) projects are awarded by job (task) work orders. Most JOC job orders are of short duration and have few pay applications associated with the project. . Workmanship is typically paid for at the end of JOC job orders. The County's other JOC contract has no retainage nor do various other active JOC contracts in place at other agencies.
Background/Explanation:
It is necessary to remove the following language in Agreement Item No. 2(B):
To pay to the Contractor the Agreement Amount herein above specified, as follows: For each Job Order eligible for partial payments, if progress satisfactory to the County is being made by the Contractor the Contractor will receive partial payments on this Agreement as work progresses, based upon estimates of the amount of Work done less payments previously made. In each case, 10% of the Agreement Amount earned shall be retained until 50% of the Work is completed, and thereafter 5% of the Agreement Amount earned shall be retained until satisfactory completion and final acceptance of the Project, and final compliance by the Contractor with all terms and conditions of the Contract Documents. Neither progress payment nor partial or entire use or occupancy of the Project by the County shall constitute an acceptance of Work not in accordance with the Contract Documents. The County, prior to making of any payment, may require the Contractor to furnish a certificate or other evidence showing the amount of Work done or completed at that time.
Agreement Item No. 2(B) language shall now read as follows:
If progress satisfactory to the County is being made by the Contractor, the Contractor will receive partial payments on this contract as the work progresses, based upon estimates of the amount of work done less payments previously made. Neither progress payment nor partial or entire use or occupancy of the Project by the County shall constitute an acceptance of work not in accordance with the Contract Documents. The County, prior to making of any payment, may require the Contractor to furnish a certificate or other evidence showing the amount of work done or completed at that time.
The Board of County Commissioners awarded this contract on January 26, 2016. No additional revisions are associated with this change order and there is no change to funding or expenditures.
Fiscal Impact:
Original Agreement Amount: $20,000,000.00
Increase/decrease due to Change Order No. 1: $0.00
Increase/decrease due to Change Order No. 2: $0.00
Revised Agreement Amount: $20,000,000.00
Funding for this contract is derived from Utilities Water, Sewer and Solid Waste funds.
Delegated Authority:
Authority for the County Administrator to approve and execute change orders is granted under (Code Section 2-62 (a)(7).
Staff Member Responsible:
Randi Kim, Director, Utilities
Joe Lauro, Director, Purchasing
Partners:
N/A
Attachments:
Change order no. 2 - Caladesi Construction Co.
Change order no. 2 - PCL Construction, Inc.
Change order no. 2 - T.L.C. Diversified, Inc.
Change order no. 2 - WPC Industrial Contractors, LLC