SR-309-000 (17)
EPWM: CP: AA: LF: MM; F:\DATA\SPFILES\SP1662\cc1662Pool5.DOC
City Council Meeting: December 10, 2002 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT:Modification to Contract 7978 (CCS) with Swinerton Builders for the
Municipal Pool Project
Introduction
This report recommends that the City Council authorize the City Manager to execute a
modification to Contract 7978 (CCS) with Swinerton Builders in the amount of $172,595.
Discussion
In 1998, the City Council approved plans for the Municipal Pool Complex located at 2225
th
16 Street. The construction was divided into two phases. Phase I, consisting of
excavation and utility relocation was completed in September 2000. On April 11, 2000,
Council awarded Contract Number 7697 (CCS) for construction of Phase II – Pool,
Building and Site improvements to Vahdani Construction Co., In. in the amount of
$5,299,777 following a competitive bid process.
Work commenced on June 5, 2000. The original completion date of March 31,2001 was
extended to July 10, 2001 due to unforeseen site conditions and wetter than usual
weather. In January 2001, the City began to receive stop notice claims from
subcontractors who had provided labor and materials on the project but asserted they had
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not been paid by Vahdani. On March 28, 2001, the City served a Notice of Default on
Vahdani, who failed to cure any of the defaults within the cure period allowed under the
construction contract. Therefore, on April 3, 2001, the City sent notice to the bonding
company seeking to invoke the performance bond issued on the project and requesting
assurances of timely completion of the Project. In response, the bonding company
inspected the work completed to date and solicited bids on the open market from qualified
contractors with experience in completing projects in default. The bonding company
received three bids, the best bid submitted by Swinerton Builders (“Swinerton”). The
bonding company then tendered Swinerton’s bid to the City.
On July 10, 2001, Council approved Contract Number 7978 (CCS) with Swinerton
Builders for $6.85 Million. On February 12, 2002, an additional $842,585 was encumbered
to Swinerton Builders for fiberoptic changes, construction of a turnaround area, and
additional work related to pre-existing conditions. Scope changes, actual field conditions
and additional work not identified during the bidding phase have necessitated an increase
to the approved Swinerton contract and contingency. The original contract amount
including contingency was $7,692,585. These changes increased the contractor’s costs
by a total of $172,595 to $7,865,180. The amount required to close out the project exceeds
the current budget authority by $172,595.
Budget/Financial Impact
Funds in the amount of $172,595 are available as follows:
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C01066499.589000 “PMP- Municipal Pool” $97,595
C01066001.589000 “PMP – Basketball Court” $ 75,000
Total Available: $172,595
Funds from the basketball court resurfacing account will be used to cover a portion of
these additional costs. Because the courts will be resurfaced in asphalt, rather than
concrete, the resurfacing costs are less than anticipated. (Asphalt is less expensive
and preferred by the players according to surveys, because it is easier on the knees).
Recommendation
Staff recommends that the City Council:
1. Authorize the City Manager to execute a contract modification to Contract 7978
(CCS) with Swinerton Builders in the amount of $172,595; and
2. Authorize the City Engineer to issue any necessary change orders to complete
additional work within budget authority.
Prepared by: Craig Perkins, Director of Environmental and Public Works
Management
Anthony Antich, P.E., City Engineer
Barbara Stinchfield, Director of Community and Cultural Services
Lauren Friedman, Senior Architect
Miriam Mulder, Architect
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