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SR 07-18-2023 5K City Council Report City Council Meeting: July 18, 2023 Agenda Item: 5.K 1 of 5 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Approval of Sixth Modification to the Construction Contract with Hathaway Dinwiddie for the City Yards Modernization Project Recommended Action Staff recommends that the City Council: 1. Adopt a finding that the Microgrid and Water Resources Tenant Improvements were analyzed as part of the City Yards Master Plan Environmental Impact Report (EIR) and Addendum, and no further review is required pursuant to the California Environmental Quality Act (CEQA). 2. Authorize the City Manager to negotiate and execute a sixth modification to Design-Build Contract #10371 (CCS) using mainly grant funds in the amount of $11,400,000 with Hathaway Dinwiddie Construction Company for design and construction services of the Microgrid and Water Resources Tenant Improvements as part of the City Yards Modernization – Package A Project for the Public Works Department. This would result in a five-year amended agreement with a new total amount not to exceed $98,673,039, with future year funding contingent on Council budget approval. 3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority. Summary The City of Santa Monica’s City Yards Modernization Project was prompted by an increase in Santa Monica’s population and workforce, rapid advancements in technology, and the introduction of new equipment and practices. The upgrades to City Yards would improve the operations of key city services through advanced operating efficiencies, site safety, and implementation of sustainability goals. As a part of the approved City Yards Master Plan, a Microgrid and Water Resources Tenant Improvements were envisioned to meet the immediate and future needs of the Public 5.K Packet Pg. 420 2 of 5 Works Department. Due to the COVID-19 pandemic, there was a $39,925,845 reduction in funding for the City Yards Modernization Project which was one of the largest enacted by Council during the covid pandemic. Project scope reductions were enacted until alternate funding could be identified. As part of the AB-179 Budget Act of 2022 legislation, the State’s budget authorized a grant earmark of $10 million from the California Arts Council for the City Yards Microgrid project. In addition, $1.5 million in available Water and Wastewater Funds for the Water Resources Tenant Improvements were budgeted in the Fiscal Year 2022-23 Midyear CIP Budget. Staff recommends executing a sixth amendment to the GMP design-build contract with Hathaway Dinwiddie Construction Company (HDCC) in the amount of $11,400,000 including the $10 million grant and $1.4 million of the Water and Wastewater Funds for a new total amount not to exceed $98,673,039. The remaining $100,000 will be used as budget contingency set aside to address unforeseen or unexpected costs during the project’s implementation. Discussion Located at 2500 Michigan Avenue, the 14.7 -acre Santa Monica City Yards operates seven days a week and houses the City’s Facilities Maintenance Division, Resource Recovery and Recycling Division, Street Services Division, Fleet Maintenance Division, Traffic Operations Division, Water Resources Division, and the Fire Department Training Facility. The approved City Yards Master Plan included both a Microgrid and Water Resources Tenant Improvements. The microgrid would include a photovoltaic array and battery backup storage and would provide efficient, reliable, and cost-effective energy that has a low environmental and carbon impact. It could also store energy, allowing the City Yards and eventually the surrounding businesses to continue critical operations in case of a major power outage. The tenant improvement project would relocate and construct a new bulk material storage, decant area, laydown, and equipment storage at the City Yards to support operations in the Water Resources Division. This project would 5.K Packet Pg. 421 3 of 5 relocate the storage area away from the homes on the east side of the City Yards and minimize noise and aesthetic impacts to the adjacent residents. This work was originally included in Package A of the City Yards Modernization Project but was later eliminated on May 5, 2020, as part of dramatic reductions to the Capital Improvement Program as a result of the economic impacts of t he COVID-19 pandemic. Among the largest reductions was the $39,925,845 decrease in funding for the City Yards Modernization Project. Staff continued to identify alternate funding sources and pursue opportunities to fund the completion of the eliminated scope of work envisioned in the City Yards Master Plan. The availability of $10 million of grant funding for the Microgrid and $1.5 million Water and Wastewater funding for the Water Resources Tenant Improvements approved in the Fiscal Year 2022-2023 Midyear Budget by Council on April 11, 2023 (Attachment C) along with the capacity of the design-build team to advance this work due to the deferral of Phase 3 of the City Yards Modernization Project, present a unique opportunity to efficiently complete these project components now. The operational efficiencies of developing the new Microgrid and Water Resources Tenant Improvements concurrently, as well as the time saved through the expedited design -build delivery method, allow the City to reduce overhead and escalation costs associated with deferring this project scope further. Environmental Analysis This project has previously been analyzed through certification of the City Yards Modernization Project EIR (State Clearinghouse No. 2017111053) that was certified on January 16, 2019, with an Addendum approved in May 2022. This project is one component of the City Yards Modernization Project that was described and analyzed in the City Yards Modernization Project EIR. Therefore, no further environmental documentation is required. Past Council Actions 5.K Packet Pg. 422 4 of 5 Meeting Date Description 10/25/2016 (Attachment A) Award Design Contract for the City Yards Modernization Project 6/14/2022 (Attachment B) Fifth Modification to GMP with HDCC 4/11/2023 (Attachment C) Fiscal Year 2022-2023 Midyear Budget Financial Impacts and Budget Actions Staff seeks authority to approve available funding from the Water and Wastewater Funds and Miscellaneous Grant Funds to increase the amount of the GMP agreement with HDCC for design and construction services for the relocation of the bulk material and storage facility and Microgrid included in the City Yards Modernization Project Package A. Agreement Modification Request Agreement # Current Authorized Amount FY 2022-23 Budget Modified Request Amount Dept/CIP Account # Total Revised Contract Amount 10371 $0 $10,000,000 C2008760.689000 $10,000,000 10371 $0 $1,050,000 C5008790.689000 $1,050,000 10371 $0 $350,000 C5108790.689000 $350,000 10371 $1,750,000 $0 C5408070.689000 $1,750,000 10371 $48,426,082 $0 C0105410.689000 $48,426,082 10371 $19,148,100 $0 C0105410.689720 $19,148,100 10371 $7,406,100 $0 C5005410.689410 $7,406,100 10371 $1,084,600 $0 C5105410.689000 $1,084,600 10371 $60,300 $0 C7505410.689000 $60,300 10371 $1,500,000 $0 C7007720.689000 $1,500,000 10371 $650,000 $0 C5104870.689000 $650,000 10371 $372,857 $0 C2006830.689000 $372,857 10371 $6,350,000 $0 C0107500.689000 $6,350,000 10371 $200,000 $0 C0104580.689000 $200,000 10371 $325,000 $0 01500020.52914C $325,000 $87,273,039 $11,400,000 Total $98,673,039 Future year funding is contingent on Council budget approval. 5.K Packet Pg. 423 5 of 5 Prepared By: Sebastian Felbeck, Senior Construction Manager Approved Forwarded to Council Attachments: A. Staff Report - Award Design Contract for the City Yards Modernization Project (Web Link) B. Staff Report - Fifth Modification to GMP with HDCC (Web Link) C. Oaks Initiative Form - Hathaway Dinwiddie 2023-06-08 D. Staff Report - Fiscal Year 22-23 Midyear Budget Staff Report (Web Link) E. Contracts 5.K Packet Pg. 424 5.K.c Packet Pg. 425 Attachment: Oaks Initiative Form - Hathaway Dinwiddie 2023-06-08 [Revision 1] (5759 : Mod 6 - City Yards Modernization Construction 5.K.c Packet Pg. 426 Attachment: Oaks Initiative Form - Hathaway Dinwiddie 2023-06-08 [Revision 1] (5759 : Mod 6 - City Yards Modernization Construction 5.K.c Packet Pg. 427 Attachment: Oaks Initiative Form - Hathaway Dinwiddie 2023-06-08 [Revision 1] (5759 : Mod 6 - City Yards Modernization Construction 5.K.e Packet Pg. 428 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 5.K.e Packet Pg. 429 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 5.K.e Packet Pg. 430 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 5.K.e Packet Pg. 431 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 5.K.e Packet Pg. 432 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 5.K.e Packet Pg. 433 Attachment: Contracts (5759 : Mod 6 - 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City Yards Modernization Construction Contract) 5.K.e Packet Pg. 514 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 5.K.e Packet Pg. 515 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 5.K.e Packet Pg. 516 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) FIRST AMENDMENT TO DESIGN/BUILD AGREEMENT NO. 10371 (CCS) This First Amendment to Design/Build Agreement No. 10371 (CCS) (“First Amendment”), is entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Hathaway Dinwiddie Construction Company (“Design/Builder”), and is made with reference to the following: RECITALS A. On or about September 27, 2018, the City and Design/Builder entered into a Design-Build Agreement No. 10371 (CCS) (“Agreement”) for the design and construction of the City Yards Modernization Project. B. The City and Design/Builder desire to enter into this First Amendment to establish a Guaranteed Maximum Price (“GMP1”) for the Foundation Only portion City Yards Modernization Project (“GMP1 Scope”) under the terms and conditions set forth herein. C. The City and Design/Builder agree that notwithstanding anything to the contrary herein, nothing in this First Amendment shall commit the City to pay for or entitle Design/Builder to receive any compensation for the Project other than for GMP1 Scope until such time as the City and Design/Builder agree upon and execute a Second Amendment to establish a Guaranteed Maximum Price (“GMP2”) for the construction portion of the Project (“GMP2 Scope”). D. The City and Design/Builder understand and agree that “Package A” in this First Amendment is a collective reference to GMP1 Scope and GMP2 Scope (all above ground work not included in GMP1). TERMS AND CONDITIONS NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Recitals. The City and Design/Builder agree that the above Recitals are true and correct and incorporated into the terms and conditions of this First Amendment. 2. Construction Documents. A list of Construction Documents for GMP1 Scope is attached hereto as Exhibit A-1. All references in this First Amendment, General Conditions, and General Requirements to the Preliminary Design Documents shall henceforth be understood to refer to the new list of Drawings, Specifications, and Reports attached hereto as Exhibit A-1. The City and DocuSign Envelope ID: 2ED05FCC-BD76-40B0-B5C1-FE39F4E1668A 8/27/2019 5.K.e Packet Pg. 517 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) Design/Builder agree that GMP1 Scope is limited to the Work set forth in the plans and drawings listed in Exhibit A-1. 3. Contract Price. The Contract Price for this First Amendment shall consist of: (i) the Preconstruction GMP amount previously authorized in the Agreement in the amount of EIGHT MILLION, FIVE HUNDRED SIXTY-TWO THOUSAND, EIGHT HUNDRED FIFTY-SEVEN DOLLARS ($8,562,857); plus (ii) GMP1 authorized by this First Amendment for GMP1 Scope in the amount of THIRTY-SIX MILLION NINE HUNDRED AND NINETY-NINE THOUSAND, EIGHT HUNDRED EIGHTEEN DOLLARS ($36,999,818). 4. Schedule of Values. The agreed Schedule of Values for GMP1 and GMP1 Scope shall be as set forth in Exhibit D-1. 5. Design/Builder Qualifications. The Contract Price is conditioned on and subject to the Exceptions, Qualifications, Exclusions attached hereto in Exhibit D-1. 6. Construction Schedule. The updated construction schedule is attached hereto as Exhibit C-1. 7. City Representative. Section 1.9 of the Agreement (City Representative) is hereby amended by replacing the name “Rebecca Abano” with the name “Christopher Dishlip.” 8. Construction Contingency. Section 2.4.1 of the Agreement (Design/Builder Contingency) is hereby amended by deleting and replacing the first sentence of the text in Section 2.4.1 with the following sentence: The Construction GMP shall include a 5% contingency (Design/Builder Contingency) Section 2.4.3 of Agreement (City Contingency) is hereby amended by deleting and replacing the first sentence of the text in Section 2.4.3 with the following sentence: The Construction GMP shall include a 0% contingency (City Contingency) 9. Contract Time. Section 3.3.2 of the Agreement (Construction Phase) is hereby amended by deleting and replacing all of the text in Section 3.3.2 with the following sentence: Design/Builder shall achieve Substantial Completion of the Work for Package A within One Thousand Two Hundred Fifty (1,250) Days after City’s issuance of a Construction Notice to Proceed. Notwithstanding anything to the contrary herein, this provision shall only take effect in the event that the City and Design/Builder execute a Second Amendment for GMP2 and GMP2 Scope. DocuSign Envelope ID: 2ED05FCC-BD76-40B0-B5C1-FE39F4E1668A 5.K.e Packet Pg. 518 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 10. Compensable Delay. Section 3.5.2.1 of the Agreement (Damages to Contractor) is hereby amended by deleting and replacing the first sentence of the text in Section 3.5.2.1 with the following sentence: Subject to Section 3.5.1 and provided that the City and Design/Builder execute a Second Amendment for GMP2 and GMP2 Scope, the Contract Price shall be increased by the fixed amount of TWENTY-ONE THOUSAND, TWO HUNDRED THIRTEEN DOLLARS ($21,213) ("Compensable Delay Rate") for each Day of extension to the Contract Time for Substantial Completion of the Work that Design/Builder is entitled to be granted under the terms of this Agreement and the General Conditions due to Compensable Delay occurring after execution of this Agreement and prior to Substantial Completion and affecting Substantial Completion of the Work, but only to the extent that the Compensable Delay is not concurrent with (1) an Inexcusable Delay or (2) another Excusable Delay that is not also a Compensable Delay. 11. Liquidated Damages to the City. Section 3.6 of the Agreement (Liquidated Damages to the City) is hereby amended by deleting and replacing all of the text in Section 3.6 with the following paragraph: IF DESIGN/BUILDER FAILS TO ACHIEVE SUBSTANTIAL COMPLETION OF THE WORK WITHIN THE CONTRACT TIME REFERRED TO IN PARAGRAPH 3.3.2 OF THIS AGREEMENT (AS ADJUSTED BY CHANGE ORDER FOR EXTENSIONS PERMITTED BY THE CONTRACT DOCUMENTS), CITY WILL INCUR DAMAGES, THE AMOUNT OF WHICH WILL BE DIFFICULT OR IMPOSSIBLE TO ESTABLISH WITH CERTAINTY, INCLUDING BUT NOT LIMITED TO INEFFICIENCY AND DISRUPTION OF CITY'S OPERATIONS. THE PARTIES THEREFORE AGREE THAT FOR EACH DAY PAST THE SUBSTANTIAL COMPLETION DATE REFERRED TO IN PARAGRAPH 3.3.2 (AS ADJUSTED BY CHANGE ORDER FOR THE EXTENSIONS PERMITTED BY THE CONTRACT DOCUMENTS) THAT THE WORK IS NOT SUBSTANTIALLY COMPLETE, DESIGN/BUILDER SHALL PAY CITY THE SUM OF FIVE THOUSAND, SEVEN HUNDRED SEVENTY-FOUR DOLLARS ($5,774) PER DAY AS LIQUIDATED DAMAGES. THIS SUM REPRESENTS A REASONABLE EFFORT TO ESTIMATE FAIR COMPENSATION FOR THE FORESEEABLE LOSSES CITY WILL INCUR ON ACCOUNT OF DELAYS IN SUBSTANTIAL COMPLETION OF THE WORK AND IS NOT A PENALTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THIS PROVISION SHALL ONLY TAKE EFFECT IN DocuSign Envelope ID: 2ED05FCC-BD76-40B0-B5C1-FE39F4E1668A 5.K.e Packet Pg. 519 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) THE EVENT THAT THE CITY AND DESIGN/BUILDER EXECUTE A SECOND AMENDMENT FOR GMP2 AND GMP2 SCOPE. 12. Self-Performed Work. Section 4.5.5 of the Agreement (Self-Performed Work) is hereby amended by deleting and replacing all of the text in Section 4.5.5 with the following paragraph: No portions of the Work shall be self-performed or proposed to be self-performed by Design/Builder without prior Approval by City, which may be granted or withheld in City’s sole discretion. Requests for Approval by City of self-performed Work shall be accompanied by documentation demonstrating (i) that Design/Builder has the capability and experience to self-perform the scope of Work proposed to be self-performed by Design/Builder and (ii) the cost savings to the Project, as evidenced by, without limitation, competitive prices from at least three (3) trade subcontractors for the scope of Work proposed to be self-performed by Design/Builder and (iii) a proposed lump sum price for Work to be self-performed by Design/Builder. Submission of a lump sum proposal to self-perform Work constitutes a representation and binding commitment by Design/Builder that if requested by City it will perform such Work for the lump sum price proposed. Provided that the City, in its sole discretion, approves the amount as competitive, the Design/Builder may self-perform the cast-in-place concrete portion of the Work for a fixed, lump sum price of Four Million, Four Hundred Nineteen Thousand, Eight Hundred Fourteen Dollars ($4,419,814); provided, however, that in consideration of the City’s so agreeing, the Design/Builder agrees that notwithstanding anything else stated in the Contract Documents to the contrary, Design/Builder guarantees that the Costs of Work to complete said portion of the Work shall not exceed the agreed lump sum price set forth herein and that any Costs of Work incurred in excess thereof in performance of the cast-in-place concrete portion of the Work, whether incurred by Design/Builder or others, shall be borne by Design/Builder at its own expense, not as a Cost of Work and shall not be reimbursed in any form by City, including, without limitation, from Contingency. Said guaranteed lump sum price for the cast-in-place concrete portion of the Work shall only be adjusted for deletions or Scope Changes to the concrete portion of the Work authorized by Change Order. 13. Labor Costs. Section 6.1.2 of the Agreement is hereby amended by deleting and replacing the last sentence of the text in Section 6.1.2 with the following sentence: DocuSign Envelope ID: 2ED05FCC-BD76-40B0-B5C1-FE39F4E1668A 5.K.e Packet Pg. 520 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) The cost of those services is estimated to be SIX MILLION, NINE HUNDRED NINETY-TWO THOUSAND, THREE HUNDRED THIRTY-SIX DOLLARS ($6,992,336), through the construction phase of City Yards Modernization Project. This amount is included within the General Conditions line item of the Schedule of Values in Exhibit D-1 and includes the time for the key personnel listed in Exhibit B-1 at the updated wage rates spelled out in Exhibit E-1. Section 6.1.3 of the Agreement is hereby amended by deleting and replacing the first sentence of the text in Section 6.1.3 with the following sentence: Design/Builder acknowledges and agrees that the amount authorized for General Conditions in Section 6.1.2 includes taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave and medical and health benefits and shall all be included as part of the fully-burdened updated wage rates spelled out in Exhibit E-1. No additional compensation for these staff members shall be considered. 14. Design/Builder Fee. Section 9.0 of the Agreement (Design/Builder Fee) is hereby amended by deleting and replacing all text in Section 9.0 with the text below: The Contract Price includes the Design/Builder's Fee. The Design/Builder's Fee (detailed in Exhibit D-1) for the performance of Work includes the following mark-ups for the Construction Phase of the City Yards Modernization Project: ITEM MARK-UP All insurance 1.00% All permit fees 2.95% Cost(s) of Work performed by the Design Professionals after GMP Amendments, reimbursable by City 2.95% Cost(s) of Work performed by the Trade Contractors after GMP Amendments, excluding all permit fees reimbursable by City. 2.95% 15. Bonds. Section 12.3.1 of the Agreement is hereby amended by deleting and replacing the first sentence of the text in Section 12.3.1 with the following sentence: DocuSign Envelope ID: 2ED05FCC-BD76-40B0-B5C1-FE39F4E1668A 5.K.e Packet Pg. 521 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) Prior to commencing any construction of the Work, Design/Builder shall file with City a good and sufficient labor and material payment bond (Payment Bond) and performance bond (Performance Bond) in the amount of no less than THIRTY-SIX MILLION NINE HUNDRED AND NINETY-NINE THOUSAND, EIGHT HUNDRED EIGHTEEN DOLLARS ($36,999,818). 16. Notices. Section 16.2 of the Agreement (Addresses) is hereby amended by replacing the name “Rebecca Abano” with the name “Christopher Dishlip.” 17. Familiarity with Project Site Conditions. Section 5.1 of the General Conditions is hereby deleted. 18. Differing Site Conditions. Section 7.6.2 of the General Conditions is hereby amended by deleting and replacing the first sentence of the text in Section 7.6.2 with the following sentence: Differing Site Conditions are those conditions, located at the Site or in Existing Improvements encountered by Design/Builder that constitute: 19. List of Exhibits. The following list of Exhibits are attached to this First GMP Amendment and incorporated herein and into the Agreement by this reference: Exhibit 1: Oaks Initiative Disclosure Form dated 04/16/2019 Exhibit 2: Living Wage Ordinance Certification – Not Applicable Exhibit 3: Insurance dated 07/19/2019 Exhibit 4: Performance Bond dated 07/12/2019 Exhibit 5: Prevailing Wage Job Notice and Acknowledgement Forms Exhibit A-1: Construction Documents dated 05/16/2019 Exhibit B-1: Key Personnel – Construction dated 07/01/2019 Exhibit C-1: Updated Project Schedule dated 05/13/2019 & Logistics/Construction Mitigation Impact Plan dated 06/12/2019 Exhibit D-1: Schedule of Values, Qualifications and Exceptions through Construction of underground/foundation work on the City Yards Modernization – Package A dated 06/03/2019 Exhibit E-1: Updated Wage Rates dated 07/01/2019 Exhibit F-1: Sub-contractor Agreement form dated 07/01/2019 /// DocuSign Envelope ID: 2ED05FCC-BD76-40B0-B5C1-FE39F4E1668A 5.K.e Packet Pg. 522 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 20. Agreement in Full Force and Effect. Except as expressly modified by this First Amendment, all other terms and conditions of the Agreement shall be and remain in full force and effect. In witness whereof, the City and Design/Builder have executed this First Amendment as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ____________________________ RICK COLE City Manager ABC Corporation #VENDOR By: ____________________________ DocuSign Envelope ID: 2ED05FCC-BD76-40B0-B5C1-FE39F4E1668A 8/26/2019 Lane Dilg City Attorney Hathaway Dinwiddie Construction Company Sr. Vice President Rashmi Mehta 8/26/2019 City Manager Rick Cole 8/27/2019 Denise Anderson-Warren City Clerk 8/28/2019 5.K.e Packet Pg. 523 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) RequestDate: ContractInformation 10371 (CCS) HathawayDinwiddieConstructionDinwiddieConstru CityYardsModernizationͲPackageA SP2396 PROPOSEDCHANGES:SeeExhibitAfordetails. Contractor:Contractor'sVendor#360339 Project: Project# ProjectManager:SebastianFelbeck Division:ArchitectureServices CityofSantaMonica 4/21/20 CHANGEORDER Contract# ChangeOrder(CO)# CouncilApprovalDate:12/10/19 CHANGEORDERAMOUNT $ I. CONTRACTSUMMARY A. Originalcontractamount: $ B. PreviousChangeOrders $ C. ThisChangeOrder $ D. Newcontractamount $ II. OFFSITEWORKSUMMARY (Totalcumulativedollaramountofalloffsiteworkmaynotexceed$100,000) A. AmountofthisCOthatisforoffsitework: $ B. TotalcumulativeamountofalloffsiteworkafterthisCO: $ III. SCHEDULESUMMARY A. Originalcontractstartdate B. Originalcompletiondate C. Durationoforiginalcontract(calendardays) D. Previouslyadjustedcompletiondate E. NumberofdaysthecontractwillbeextendedbythisCO: F. ThedateofSubstantialCompletionasofthisCO: IV. ACCOUNTALLOCATIONS AccountNumber: $ AccountNumber: C0105410.689000 $ AccountNumber: $ AccountNumber: $ AccountNumber: $ AccountNumber: $ AccountNumber: $ AmountofthisChangeOrder: $ 0.00 28,100,182.00 73,662,857.00 45,562,675.00 28,100,182.00 C7007720.689000 1,500,000.00 C5104870.689000 650,000.00 C7505410.689000 60,300.00 C5105410.689000 1,084,600.00 C0105410.689720 16,148,100.00 C5005410.689000 7,406,100.00 12/2/2022 1,251,082.00 28,100,182.00 0.00 0.00 7/1/2019 12/2/2022 1250 12/2/2022 0 Page1ofϰ */%#))0!'*+! 5.K.e Packet Pg. 524 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) RequestDate: ContractInformation 10371 (CCS) HathawayDinwiddieConstructionDinwiddieConstru CityYardsModernizationͲPackageA SP2396 PROPOSEDCHANGES:SeeExhibitAfordetails. Contractor:Contractor'sVendor#360339 Project: Project# ProjectManager:SebastianFelbeck Division:ArchitectureServices CityofSantaMonica 4/21/20 CHANGEORDER Contract# ChangeOrder(CO)# CouncilApprovalDate:12/10/19 V. APPROVALS Date Date Date Date Date OPTIONALͲClientDepartmentRepresentative FUNDSAVAILABILITYCERTIFICATION: Date #DIVISIONHEAD #PWDIRECTOR #CLIENTDEPARTMENT #FINANCE The signing of a Change Order indicates that the parties have reached a full resolution, settlement and accord, and satisfaction with respect to all claims for cost and extensions of time that were asserted, or that could have been asserted, whether known or unknown at the time of execution of the Change Order, and that are related to the subject matter of the Change Order, including without limitation all claims, costs or damages for delay, disruption, hindrance, interference, extended or extraordinary direct and indirect overhead, multiplicity of Changes, loss of productivity labor or material cost escalations, inefficiency, the "impact" of the Change on the Work, legal expenses, consultant costs, interest, lost profits or revenue, bond or insurance costs, currency fluctuations, changes in taxes or otherrelatedclaims,costsordamages,andallCompensableDelaycostsassociatedwiththischange. #PM #CONTRACTOR Page2ofϰ */%#))0!'*+! !-.%)!'!& ,*)-.,/.%*))#!,,%!,!-% !). -$(%!$. +%.',*#,()#!, $,%-.*+$!,%-$'%+/-)'%)! %,!.*,*"/'%*,&- *).,.-**, %).*, *$),,1 5.K.e Packet Pg. 525 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) Request Date: Contract Information 10371 (CCS)2 Hathaway Dinwiddie Construction City Yards Modernization - Package A SP2396 PROPOSED CHANGES: See Exhibit A for details. Project Manager:Sebastian Felbeck Division:Architecture Services City of Santa Monica 9/2/21 CHANGE ORDER Contract # Change Order (CO) # Council Approval Date:4/27/21 Contractor: Contractor's Vendor #360339 Project: Project # CHANGE ORDER AMOUNT $ I. CONTRACT SUMMARY A. Original contract amount: $ B. Previous Change Orders $ C. This Change Order $ D. New contract amount $ II. OFFSITE WORK SUMMARY (Total cumulative dollar amount of all offsite work may not exceed $100,000) A. Amount of this CO that is for offsite work: $ B. Total cumulative amount of all offsite work after this CO: $ III. SCHEDULE SUMMARY A. Original contract start date B. Original completion date C. Duration of original contract (calendar days) D. Previously adjusted completion date E. Number of days the contract will be extended by this CO: F. The date of Substantial Completion as of this CO: IV. ACCOUNT ALLOCATIONS Account Number: $ Account Number: $ Account Number: $ Account Number: $ Account Number: $ Account Number: $ Amount of this Change Order: $ 12/2/2022 6,750,869.00 0.00 0.00 7/1/2019 12/2/2022 1250 12/2/2022 0 C0107500.689000 6,350,000.00 C0105410.689000 400,869.00 28,100,182.00 6,750,869.00 80,413,726.00 45,562,675.00 6,750,869.00 Page 2 of 3 + 0&$**1"(+," 5.K.e Packet Pg. 526 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) Request Date: Contract Information 10371 (CCS)2 Hathaway Dinwiddie Construction City Yards Modernization - Package A SP2396 PROPOSED CHANGES: See Exhibit A for details. Project Manager:Sebastian Felbeck Division:Architecture Services City of Santa Monica 9/2/21 CHANGE ORDER Contract # Change Order (CO) # Council Approval Date:4/27/21 Contractor: Contractor's Vendor #360339 Project: Project # V. APPROVALS Date Date Date Date Date OPTIONAL - Client Department Representative FUNDS AVAILABILITY CERTIFICATION: Date #DIVISIONHEAD #PWDIRECTOR #CLIENTDEPARTMENT #FINANCE The signing of a Change Order indicates that the parties have reached a full resolution, settlement and accord, and satisfaction with respect to all claims for cost and extensions of time that were asserted, or that could have been asserted, whether known or unknown at the time of execution of the Change Order, and that are related to the subject matter of the Change Order, including without limitation all claims, costs or damages for delay, disruption, hindrance, interference, extended or extraordinary direct and indirect overhead, multiplicity of Changes, loss of productivity labor or material cost escalations, inefficiency, the "impact" of the Change on the Work, legal expenses, consultant costs, interest, lost profits or revenue, bond or insurance costs, currency fluctuations, changes in taxes or other related claims, costs or damages, and all Compensable Delay costs associated with this change. #PM #CONTRACTOR Page 1 of 3 + 0&$**1"(+," "./&*"(" ' -+*./-0 /&+**$"- /%23&*2&!!&"+*./-0 /&+* -& "-".&!"*/ ,&/(-+$-)$- %-&./+,%"-&.%(&, /&*$&-" /+-+#0(& +-'. & '(/" -+ 0-")"*/*$"- - "(&.,-4 5.K.e Packet Pg. 527 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) Request Date: Contract Information 10371 (CCS)3 Hathaway Dinwiddie Construction City Yards Modernization - Package A SP2396 PROPOSED CHANGES: See Exhibit A for details. Contractor:Contractor's Vendor #360339 Project:Project # City of Santa Monica 3/7/22 CHANGE ORDER Contract #Change Order (CO) #Council Approval Date:10/12/21 Project Manager:Sebastian Felbeck Division:Architecture Services CHANGE ORDER AMOUNT $ I.CONTRACT SUMMARY A.Original contract amount:$ B.Previous Change Orders $ C.This Change Order $ D.New contract amount $ II.OFFSITE WORK SUMMARY (Total cumulative dollar amount of all offsite work may not exceed $100,000) A.Amount of this CO that is for offsite work:$ B.Total cumulative amount of all offsite work after this CO:$ III.SCHEDULE SUMMARY A.Original contract start date B.Original completion date C.Duration of original contract (calendar days) D.Previously adjusted completion date E.Number of days the contract will be extended by this CO: F.The date of Substantial Completion as of this CO: IV.ACCOUNT ALLOCATIONS Account Number:$ Account Number:$ Account Number:$ Account Number:$ Account Number:$ Account Number:$ Amount of this Change Order:$ 34,851,051.00 3,300,000.00 83,713,726.00 45,562,675.00 3,300,000.00 C0105410.689720 3,000,000.00 C0104580.689000 200,000.00 01500020.52914C 100,000.00 12/2/2022 3,300,000.00 0.00 0.00 7/1/2019 12/2/2022 1250 12/2/2022 0 Page 1 of 3 DocuSign Envelope ID: 7D119C48-BCFC-45FF-8884-643C23F7D735 5.K.e Packet Pg. 528 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) Request Date: Contract Information 10371 (CCS)3 Hathaway Dinwiddie Construction City Yards Modernization - Package A SP2396 PROPOSED CHANGES: See Exhibit A for details. Contractor:Contractor's Vendor #360339 Project:Project # City of Santa Monica 3/7/22 CHANGE ORDER Contract #Change Order (CO) #Council Approval Date:10/12/21 Project Manager:Sebastian Felbeck Division:Architecture Services V.APPROVALS Date Date Sr. Construction Manager HDCC Sr. Vice President Date Date Capital Program Manager Director of Public Works FUNDS AVAILABILITY CERTIFICATION: Date Christopher Dishlip Rick Valte Araceli Esparza The signing of a Change Order indicates that the parties have reached a full resolution,settlement and accord,and satisfaction with respect to all claims for cost and extensions of time that were asserted,or that could have been asserted,whether known or unknown at the time of execution of the Change Order,and that are related to the subject matter of the Change Order,including without limitation all claims,costs or damages for delay,disruption,hindrance,interference,extended or extraordinary direct and indirect overhead,multiplicity of Changes,loss of productivity labor or material cost escalations,inefficiency,the "impact"of the Change on the Work,legal expenses,consultant costs,interest,lost profits or revenue, bond or insurance costs,currency fluctuations,changes in taxes or other related claims,costs or damages, and all Compensable Delay costs associated with this change. Sebastian Felbeck Rashmi Metta Page 2 of 3 DocuSign Envelope ID: 7D119C48-BCFC-45FF-8884-643C23F7D735 3/22/2022 3/22/2022 3/22/2022 3/22/2022 3/31/2022 5.K.e Packet Pg. 529 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 5.K.e Packet Pg. 530 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract) 5.K.e Packet Pg. 531 Attachment: Contracts (5759 : Mod 6 - City Yards Modernization Construction Contract)