Emergency Item - Approval of City Action to Undertake Part of the Work for Bid No. B13-03, Community Center Replacement000
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AGENDA ITEM COVER SHEET
Meeting Date: June 17, 2014
Item # Emergency
Reviewed By:
Contact Name: Al Butler, Support Services Department Director:
Contact Number: 407 - 905 -3100, ext. 1543 City Manager:
Subject: Approval of City action to undertake part of the work for Bid No. 8T5 Community Center
Replacement (Lakeshore Center), which was awarded to C &D Construction, Inc. (Cocoa, FL), and to
authorize staff to make reliability changes to the facility's lighting control systems. (District 2 — Wilsen)
Background Summary:
The City Commission awarded Bid No. B13 -03 to C & D Construction, Inc., for replacement of the
Community Center at a total price of $2,165,000.00 and modified the project budget to cover the
construction contract plus a 5% contingency allowance, bringing the total construction phase budget to
$2,273,250. The current contract price is $2,175,098.20.
Section 00710 of the Project Manual contains the general conditions of the work. Paragraph 6.06 says
the City may reject the employment of any subcontractor for a number of reasons, including
unacceptable work. On June 5, city staff notified the contractor and their audiovisual subcontractor,
Millennium Fire & Security, that their work was not acceptable and that their services would be
terminated under this provision of the Contract. Paragraph 13.05 says the City may stop the work when
unacceptable materials or services have been discovered. Paragraph 13.08 says the City may accept
defective work in the interest of moving the project forward. Paragraph 13.09 says the City may correct
the work and propose a change order to the Contractor for the Owner to assume responsibility for
correcting the defective work.
Under these provisions of the Contract, the cost of those portions of the work that are acceptable has
been paid to the contractor; additional equipment purchased by the subcontractor will be purchased at its
cost by the City. The remaining equipment and installation work is proposed to be acquired from Infinity
AV & Security, which is the company that previously completed similar work at the Ison Center is already
working on other elements of the Lakeshore Center. The total cost of completing the audiovisual system
installation is $29,011.89, with $7,212.10 going to Millennium and $21,799.79 to Infinity. One component
that has been rejected will be returned to Millennium. Under the terms of the Contract, the Contract
Price should be reduced by an amount equal to the cost of correction.
As a separate matter, staff is exploring the desirability of adding a manual override mechanism for the
Lakeshore Center's computer -based lighting control system. The control system was inoperable due to
a computer failure during a recent rental event. Staff is working with the design engineer, the electrical
subcontractor, and the equipment's manufacturer to look into the provision of a manual override system
that will allow lighting control system operation should the computer -based system fail.
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Issue:
Should the City Commission approve staff's actions to undertake completion of the audiovisual system
and authorize the possible addition of a manual lighting control system backup to the list of approved
changes to the work?
Recommendations
Staff recommends that the City Commission endorse its termination of the original audiovisual
subcontractor, Millennium Fire & Security, and authorize the hiring of Infinity AV & Security to complete
the work. C &D Construction would not be responsible for any of the equipment or work provided by
Infinity. Separate purchase orders will be issued to Millennium to purchase new equipment that had
previously acquired but not installed and to Infinity to purchase the remaining equipment needed and to
complete the installation and configuration of all audiovisual components. The City will separately pay
$908.19 for Infinity to connect the Meeting Room to the main AV system through the wiring previously
installed by Millennium, as this work represents an expansion of the project's scope.
To fund the work of completing the audiovisual system, staff requests authority to reduce the Contract
Price by up to the full value of the costs to the City for performing the work. To the extent necessary for a
final settlement acceptable to the parties, staff recommends that it have the ability to negotiate a final
distribution of the costs to complete the audiovisual system among the parties so as to avoid the risk of
future litigation.
Staff also recommends that the City Commission expand the scope of previously approve changes to the
work to include the possible addition of a manual override to the lighting control system with no increase
in project budget.
Attachments:
None.
Financial Impact:
The recommended changes have no net financial impact on the city. The city retained $108,754.91 (5 %)
from the amount owed to the Contractor pending final completion of the project. . Funds needed to
complete the audiovisual system and to provide a backup lighting control system would be taken from
the previously approved project budget.
Type of Item: (please mark with an 'Y)
Public Hearing For Clerk's Dent Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Reviewed by City Attorney N/A
Reviewed by Finance Dept. ., N/A
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