Legislative Public Meetings

File #: 23-0185   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 4/25/2023
Title: Authorize the Public Works Director, or Designee, to Execute a Change Order in the Amount of $5,100,000 for the Contract with C. Overaa & Co. for Primary Treatment Facility Package 2 Settle a Construction Claim Related to PG&E Delays and Other Associated Delay Claims and Approve Budget Modification No. 19 in the Amount of $5,200,000
Attachments: 1. Draft Change Order for Mediation Settlement (See Updated Attachment 1, posted 20230425), 2. 23-0185 Updated Attachment 1 (posted 20230425)
REPORT TO COUNCIL

SUBJECT
Title
Authorize the Public Works Director, or Designee, to Execute a Change Order in the Amount of $5,100,000 for the Contract with C. Overaa & Co. for Primary Treatment Facility Package 2 Settle a Construction Claim Related to PG&E Delays and Other Associated Delay Claims and Approve Budget Modification No. 19 in the Amount of $5,200,000

Report
BACKGROUND
On May 23, 2017, the City Council awarded the construction contract to C. Overaa & Co. ("Overaa") for the Primary Treatment Facility Package 2 for the Reconstruction of the Water Pollution Control Plant ("Project"), in the amount of $100,188,000, which included the base bid of $99,438,000, a bid alternate in the amount of $750,000, and a 7% construction contingency in the amount of $7,013,160.

The Project has been under construction since 2017, and is now undergoing commissioning. Completion of this Project is necessary for the next two projects, Existing Plant Rehabilitation and Secondary Treatment, Thickening, and Dewatering, both currently awarded for construction, to proceed in a timely fashion.

Consultants involved in the Project from the City's side include Psomas, the City's construction management firm, as well as CDM Smith acting as the City's Program Management Consultant (PMC)/experts. Carollo Engineers is the design consultant for the Project.


EXISTING POLICY
Pursuant to Section 2.09.040 of the Sunnyvale Municipal Code, City Council approval is required for awards of public works contracts exceeding $250,000.

Pursuant to Sunnyvale Charter Section 1305, at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by affirmative votes of at least four members to authorize the transfer of unused balances appropriated for one purpose or another, or to appropriate available revenue included in the budget.


ENVIRONMENTAL REVIEW
Pursuant to Sections 15070 to 15075 of the California Environmental Quality Act (CEQA...

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