HomeMy Public PortalAboutC-21-007 - TRANE U.S., INC. AMENDMENT NO. 1 2023 APR 11AMENDMENT NO. 1
TO DESIGN-BUILD AGREEMENT
THIS AMENDMENT TO DESIGN-BUILD AGREEMENT (“Amendment”) by and between the CITY OF CARSON, a California municipal corporation (“City”) and TRANE U.S. INC, a Delaware corporation (“Design-Builder”), is effective as of the 24 day of
March , 2023.
RECITALS
A. City and Design-Builder entered into that certain Design-Build Agreement dated January 26, 2021 (“Agreement”) whereby Design-Builder agreed to provide design and
construction services to address the air filtration, heating, ventilation, and air conditioning (HVAC) systems and roof at City Hall and the Community Center buildings (“Entire Project”), for a
Contract Sum not to exceed $5,822,925.00. The amount of the Contract Sum attributable to the design component of the Project (“Phase 1”) was $265,500.00 and the amount attributable to the
construction component (“Phase 2”) was $5,557,425.00.
B. During the same City Council meeting on November 17, 2020, where the City
Council awarded Design-Builder the contract to complete the Entire Project, the City Council also approved a 6% contingency budget in the amount of $349,375.50 to provide for funding of any unforeseen circumstances during construction, bringing the total approved Entire Project budget
to $6,172,300.50.
C. The Entire Project has required City and Design-Builder to approve various change
orders identified as Change Orders 1, 4R1, 5, 6, 8, 9 and 11 (collectively, “Change Orders 1-1 1”),
due to various factors, including construction delays affected by supply chain issues resulting in
price increases of materials and equipment as well as efforts to augment the Entire Project for the purpose of improving energy efficiencies of the HVAC systems at both City Hall and the
Community Center. Change Order | included a credit to the City in the amount of $134,805.13.
The total amount of Change Orders 1-11 is $1,260,593.97 which, when added to the Contract Sum
of $5,822,925.00, results in an adjusted Contract Sum of $7,083,518.97. The City and Design-
Builder now desire that the City Council ratify and approve Changer Orders 1-11. Much of the
work under Change Orders 1-11 has been completed.
D. An additional change order resulting in a credit to City in the amount of $96,172.32
(“Change Order 12”) is needed for the following purposes: (i) $3,082.80 for extra work for coil
cleaning for AHU 1 at the Community Center, (ii) $5,331.50 for extra work for the shutoff valve
for Chiller 2 at City Hall, (iii) $658.25 for labor and general contractor’s markup, (iv) a credit to City in the amount of $85,050 due to central control system and integration work that was removed
from the Phase 2 scope, and (v) credit to City in the amount of $20,194.87 for plasma air analysis
that is no longer needed for the Entire Project. Such change order, when added to Change Orders
1-11 and the original Contract Sum of $5,822,925.00, results in a further downward adjusted
Contract Sum of $6,987,346.65 ($7,083,518.97 - $96,172.32) . The City and Design-Builder now
desire that the City Council approve and ratify Change Order 12. No work under Change Order 12
has commenced except for the coil cleaning for AHU 1 which work has been completed.
01007.0006/866255.1
E, City Council’s ratification and approval of Change Orders 1-11 and approval and ratification of Change Order 12 (collectively, “Collective Change Orders”) will (i) expand the
Scope of Work for Phase 2; (ii) increase the Contract Sum to $6,987,346.65 due to the increase in the Phase 2 Contract Sum from $5,557,425.00 to $6,721,846.65; and (iii) require extension of the deadline to complete Phase II.
TERMS
1 Contract Changes. The Agreement is amended as provided herein (new text is
identified in bold italics, deleted text in strikethrough):
A. Section 1.1 (Scope of Work) of the Agreement is hereby amended to
read in its entirety as follows: ,
“1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Design-Builder
shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and Exhibit “A-1” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. Exhibit “A-1” represents the work set out in the Collective Change Orders. Such Scope of Work will be for design, construction and maintenance services, with each phase having distinct time periods during which services must be rendered. As a material inducement to the City entering into this Agreement,
Design-Builder represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Design-Builder shall at all times faithfully, competently
and to the best of its ability, experience and talent, perform all services described herein. Design-Builder covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized
by one or more first-class firms performing similar work under similar circumstances.”
B. Section 2.1 (Contract Sum; Project) of the Agreement is hereby
amended to read in its entirety as follows:
“2.1. Contract Sum; Project.
Subject to any limitations set forth in this Agreement, City agrees to pay Design-
Builder the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including
reimbursement for actual expenses, shall not exceed SixFive Million NineEight Hundred Eighty SevenPwentyFwe Thousand Three Nine Hundred Forty SixPwentyFive Dollars
and Sixty Five Cents ($6,987,346.65$5,822,925.00) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.9. As set out in Exhibit “C,”
compensation for provision of the design services (“Phase 1”) shall not exceed Two
01007.0006/866255.1
Hundred Sixty Five Thousand Five Hundred Dollars ($265,500.00) (“Phase 1 Contract
Sum”), and compensation for the construction component (“Phase 2” or the “Project”) shall
not exceed Six Five Million SevenFive Hundred Twenty OneFifty—Seven Thousand
EightPour Hundred Forty Six Fwernty—Five Dollars and Sixty Five Cents
($6, 721,846.65$5;557,425.00) (“Phase 2 Contract Sum”). The Project will be located in
two different locations: City Hall and the Community Center.”
Cc. Section 5.4 (Performance, Payment and Warranty Bonds) of the
Agreement is hereby amended to read in its entirety as follows:
“5.4 Performance, Payment and Warranty Bonds.
(a) Concurrently with execution of this Agreement, Design-Builder shall
deliver to the City a performance bond securing the faithful performance of the work
described in Phase 2 of the Scope of Work, in an amount not less than
$6, 721,846.65$5,557,425-00the-Phase 2 Contract Sum. The performance bond shall
include coverage for warranties provided hereunder for a period not to exceed twelve (12)
months following City’s acceptance of the Project.
(b) Concurrently with execution of this Agreement, Design-Builder shall
deliver to the City a payment bond, securing the payment of all persons furnishing labor
and/or materials in connection with the work performed for Phase 2 described in the Scope
of Work, in an amount not less than $6,721,846.65$5,557,425-00-the Phase2 Contract
Sun.
All bonds shall be on applicable forms provided to and approved by the City
Attorney in advance of execution of this Agreement. The bonds shall each contain the
original notarized signature of an authorized officer of the surety and affixed thereto shall
be a certified and current copy of his/her power of attorney. The bonds shall be
unconditional and remain in force until released.”
D. Exhibit “A-1” (Collective Change Orders) is hereby added to the Scope
of Work of the Agreement immediately following Exhibit “A” and shall read in its entirety
as follows:
See attached Exhibit “A-1”
E. Section I. of Exhibit D (Schedule of Performance) of the Agreement is
hereby amended to read in its entirety as follows:
“T. Design-Builder shall perform all work timely in accordance with the
following schedule:
01007.0006/866255.1
Estimated Performance Deadline
PHASE 1 - DESIGN Eighty Four (84) calendar days
after City issues the Notice to
Proceed.
PHASE 2 - CONSTRUCTION
1. Substantial Completion of Four Ewe Hundred
construction, as defined in Section ThirteenFerty-Six (413246)
1.6(b) of the Agreement. working ealendar days after
completion of Phase 1, or
approval of all construction
drawings by the City and receipt
of all applicable permits,
whichever is later. Both parties
acknowledge permit approval was
December 7, 2021.
2. Final Completion, which is the Three (3) months after
completion of all punch list items, the Substantial Completion.”
City’s inspection to confirm that the
Project is complete, and the City
Council’s formal acceptance of the
Project.
2 Continuing Effect of Agreement. Except as amended by this Amendment, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after
the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall
mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Design-
Builder each ratify and reaffirm each and every one of the respective rights and obligations arising
under the Agreement. Without limiting the generality of the foregoing, City and Design-Builder
ratify, reaffirm, approve and authorize Change Orders 1-11, and ratify, reaffirm, approve and
authorize Change Order 12. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Design-Builder represents and warrants to City that, as of the date of this Amendment, City
is not in default of any material term of the Agreement and that there have been no events that,
with the passing of time or the giving of notice, or both, would constitute a material default under
the Agreement.
01007.0006/866255.1
City represents and warrants to Design-Builder that, as of the date of this Amendment,
Design-Builder is not in default of any material term of the Agreement and that there have been
no events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
3. Authority. The persons executing this Amendment on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such
party is formally bound to the provisions of this Amendment, and (iv) the entering into this
Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01007.0006/866255.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date
and year first written above.
CITY:
CITY OF CARSON, a municipal corporation
Bhs Wins bn
I(w4 Davis-Holmes, Mayor
ATTEST:
Prt Ainorets, Reprtycr ty Cork
2 Dr. Khaleah R. Bradshaw, City Clerk
“ ;
One UNL wt ea “Ss, were APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Kae , fy fe a
Sunny K. Soltani, City Attorney
[rjl]
DESIGN-BUILDER:
TRANE U.S. INC., a Delaware corporation
Name: Theodore L. Mupenpt
y
Title:Assistany Secretary
Address: 3253 E. Imperial Highway
Brea, CA 92821
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
01007 0006/866255 |
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date
and year first written above.
CITY:
CITY OF CARSON, a municipal corporation
Lula Davis-Holmes, Mayor
ATTEST:
Dr. Khaleah R. Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[rjl]
DESIGN-BUILDER:
TRANE USS. INC., a Delaware corporation
By: J. llsweah of! WtS
Name: Theodore L. Mupegge
Title: Secretary By:
Name: Scott Smillie
Title:Assistang Secretary
Add ress: 3253 E . Im perial Highway
Brea, CA 92821
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
01007.0006/866255.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
. naw ond ril & | 2023 before me, a Branson , personally appeared | hegdoce Muterrved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
and correct.
WITNESS my ha official seal. Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) [] LIMITED
L] GENERAL ATTORNEY-IN-FACT TRUSTEE(S) NUMBER OF PAGES GUARDIAN/CONSERVATOR OTHER
O
O
o
C
SIGNER IS REPRESENTING: DATE OF DOCUMENT
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
01007.0006/866255.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On Apri | b, , 2023 before me, Sa A Branson, personally appeared Scott Sm Me — to meon the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: Ae Ae
a
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Cc INDIVIDUAL
| CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT L] PARTNER(S) [] LIMITED
L] GENERAL
C] ATTORNEY-IN-FACT LJ TRUSTEE(S) NUMBER OF PAGES C] GUARDIAN/CONSERVATOR LE] OTHER
SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
01007.0006/866255.1
EXHIBIT “A-1”
COLLECTIVE CHANGE ORDERS
SEE ATTACHED
01007.0006/866255.1
CHANGE ORDER
PROJECT TITLE: Project No. 1662 — H.V.A.C.
System Improvement at City
Hall and Community Center
TO CONTRACTOR:
PROJECT NO: 1662 Trane US, Inc.
Attn: Brad Donnelly
Business Development CHANGE
Manager ORDER NO: 1
3253 E Imperial Hwy, Brea, CA 92821
DATE: July 29, 2021
Type of Change Order:
X_ Increase / Decrease in Contract Quantities Change in Contract Unit Prices
Time and Materials (Estimated)
X_ Agreed Lump Sum (Notice to Proceed with Not To Exceed Estimated Amount)
Time and Materials
X_ Time Extension Only (Final Price and Time)
Change Requested by: City of Carson
You are hereby directed to make the herein described changes from the plans and
specifications or do the following described work not included in the plans and
specifications on this contract.
Description of work to be done, estimate of quantities, and prices to be paid: Segregate
between additional work at current or revised contract unit prices, agreed lump sum
price, and time & materials. Unless otherwise stated, rates for rental of equipment cover
only such time as equipment is actually used and no allowance will be made for idle
time.
1. Air Flow Study of the Community Center Building $49,347.65
Trane US, will perform an air flow study in AHUs 2 thru 7 and the areas served by
them at the Community Center Building in the City of Carson.
a. Mechanical Engineer Scope..............0 cece ccc ceeccesee cee eceeeeurseeeseenrees $18,064.20
b. Test and Balancing Contractor Scope .............0. ccc cceceeceeceterececceeeess $31,283.45
Change Order #1
Page 1 of 3
2. Duct Inspection and in the City Hall and Community Center $44,998.58 Physically investigate the duct in the City Hall and Community Center to develop a report of findings and suggested corrective measures
3. Installation of Plasma Air Credit ($155,500.00)
The City of Carson will receive credit of Plasma Air bars that will not be utilized in the HVAC system
4. Extension of Estimated Performance Deadline:
With this change order the Estimated Performance Deadline for Phase 1-Design found in Exhibit “D” Schedule of Performance is extended from 84 to 176 calendar days (August 12, 2021).
Compensation for all of the above additional work shall be provided in accordance with the attached Trane Technologies Change Order #001
By reason of this order, the time of completion will be adjusted as follows: deferred
This Change Order is not valid until signed by the City of Carson
The original Contract AMOUNt WaS.........ccccccescscesesesssessseesuccecacecsseeseeevasenss $ 5,822,925.00
Net change by previously authorized Change Orders .0..0......cccecccecceeccesscersesseessenees $ 0.00
The Contract Amount will be increased by this Change Order
in the MAXIMUM AMOUNE OF ..........cceeesesseescececcsececersescacseaeeeneteeseseaeeeserseeearens $94,346.23
The Contract Amount will be decreased by this Change Order
in the MaxiMUM AMOUNE OF ........ceecccesececescessccccsssecceesssvereaeteecaessceersesesaesaees ($155,000.00)
City of Carson Credit for Additional Work (expected ductwork) ........cceeee ($ 60,653.77)
THIS CHANGE ORDER CONSTITUTES FULL, FINAL, AND COMPLETE
COMPENSATION TO THE CONTRACTOR FOR ALL COSTS, EXPENSES,
OVERHEAD, PROFIT, AND ANY DAMAGES OF EVERY KIND THAT THE
CONTRACTOR MAY INCUR IN CONNECTION WITH THE ABOVE REFERENCED
CHANGES IN THE WORK, INCLUDING ANY IMPACT ON THE REFERENCED WORK
OR ON ANY OTHER WORK UNDER THE CONTRACT, ANY CHANGES IN THE
SEQUENCES OF ANY WORK, ANY DELAY TO ANY WORK, ANY DISRUPTION OF
ANY WORK, ANY RESCHEDULING OF ANY WORK, AND ANY OTHER EFFECT ON
ANY OF THE WORK UNDER THIS CONTRACT. BY THE EXECUTION OF THIS
CHANGE ORDER, THE CONTRACTOR ACCEPTS THE CONTRACT PRICE CHANGE
AND THE CONTRACT COMPLETION DATE CHANGE, IF ANY, AND EXPRESSLY
WAIVES ANY CLAIMS FOR ANY ADDITIONAL COMPENSATION, DAMAGES OR
TIME EXTENSIONS, IN CONNECTION WITH THE ABOVE-REFERENCED CHANGES.
WE, THE UNDERSIGNED CONTRACTOR, HAVE’ GIVEN CAREFUL
CONSIDERATION TO THE CHANGE PROPOSED AND HEREBY AGREE, IF THIS
PROPOSAL IS APPROVED, THAT WE WILL ACCEPT AS FULL PAYMENT
THEREFORE THE PRICE SHOWN ABOVE.
Change Order #1
Page 2 of 3
Rob Wax 08/02/2021
CONTRACTOR’S REPRESENTATIVE Date Name Signature
SUBMITTED BY:
Jesus Sanchez, P.E. Date. Project Ce Associate Engineer
RECOMMENDED BY: ° &/ £ [202 Gilbert M. wat Date City Engineer ne
APPROVED BY: p ide O/ 2 |
ahe Whitman, PE LEED AP ate/
orks Director
AUTHORIZED BY: Yad OS [2
ate Cie heFanyCt
THE FOLLOWING PAGES ONLY INCLUDE CHANGE ORDER ATTACHMENTS
*Scope of work for this change order shall be per "Description of Work" in the attached Trane change order proposal
dated 7/27/2021.
Change Order #1
Page 3 of 3
S TRANE’ —_—Change Order #001_Rev2
Prereadings at Community Center
Duct Inspection at Community Center and City Hall
Prepared For: Jesus Sanchez Date: 7/27/2021
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Breakdown:
ORIGINAL CONTRACT SUM: $ 9,822,925.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS: $ 0.00
CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $ 5,822,925.00
CHANGE ORDER ADD / DEDUCT AMOUNT: $ 0.00
NEW CONTRACT SUM INCLUDING CHANGE ORDER: $ 5,822,925.00
Description of Work:
This Change is in response to the request made for the following:
1. To perform an air flow study in AHUs 2 thru 7 and the areas served by them at the Community
2. Physically investigate the duct in the City Hall and Community Center to develop a report of findings
Scope of Work for Mechanical Engineer to include:
Center Building in the City of Carson.
and suggested corrective measures.
Visit the site to review existing air distribution versus record drawings.
Evaluate record drawings thermal zoning versus existing conditions.
Perform individual thermal zone load calculation for existing spaces conditions.
Evaluate air distribution capacity and sizing for each thermal zone.
Evaluate central plant chilled water, heating hot water, and condenser water overall capacity and
peak demand evaluation.
Review existing conditions of mechanical equipment for spaces currently out of scope:
o Community Center AHU-2 through AHU-7
o Community Center AC-1 through AC-7
o Community Center Tower
o Community Center Miscellaneous AC Units and Fans
Evaluation of all air handling systems against ASHRAE 62.1 ventilation requirement for all units not
currently in scope.
Update the energy model for both buildings to include discrete zones based on the as-built
condition.
Evaluate existing systems against current energy codes.
Evaluate existing air systems against current CMC codes.
TRANE
TECHNOLOGIES
é TRANE’ — Change Order #001_Rev2
Prereadings at Community Center
Duct Inspection at Community Center and City Hall
Prepared For: Jesus Sanchez Date: 7/27/2021
Job Name: City of Carson Contracted By: Patrick Wilkinson
e Provide summary report of findings and recommendation and air quality approach and specifications
Scope of Work for the Testing and Balancing Contractor to Include:
¢ Pre-Construction air balance readings on the existing system.
e Providing a lift for access if necessary.
e Providing a report of findings.
e Exclusions:
o Any water systems
o Any exhaust systems not associated with building pressure or comfort control
» Ex. Bathroom or Kitchen exhausts not included
Scope of Work for Duct Investigation
e Visual investigation of Carson City Hall and Community Center
o 2 persons for no more than 2 weeks total (both buildings).
e Written report including photographic evidence (where beneficial) detailing findings and locations of identified points of leakage.
e xclusions/Clarifications
o Repair or replacement of any ductwork or terminations excluded
o Premium time excluded
0 Itis assumed that all ceiling tiles and access points are in good repair and operable without damage.
» — Any Ceiling tiles found damaged will be reported prior to accessing the space.
o This work may require the temporary removal and re-taping of the (E) duct wrap. Existing
insulation will be reused. No new insulation will be installed.
Cost for Mechanical Engineer Scope $18,064.20
Cost for Test and Balancing Contractor Scope $31,283.45
Cost for Duct Investigation Scope $44,998.58
Credit for Plasma Air removal $155,000.00
Amount available in Contingency $60,653.77
Time Change: With this change order the Estimated Performance Deadline for Phase 1- Design found in
Exhibit "D” Schedule of Permormance is deleted from contract and Trane will not be subject to any liquidated damages related to Phase 1.
TRANE
TECHNOLOGIES
é TRANE — Change Order #001_Rev2
Prereadings at Community Center
Duct Inspection at Community Center and City Hall
Prepared For: Jesus Sanchez Date: 7/27/2021
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Proposed By:
D e d g p s Change Order Accepted By:
Signed:
Signed:
Print Name: Robert Wax
Print Name:
tite. Regional Director - Comprehensive Solutions
Title:
Date 08/02/2021
Date:
Acceptance of this Change Order by Contractor constitutes an accord and satisfaction for both time and money, for any and all costs
(direct and indirect), impact effect and/or delays arising out of or incidental to the Work as herein revised. No further adjustment in
compensation or time of performance shall be made as a result of the foregoing change(s) except as provided herein. Trane's Standard
Contract Terms and Conditions apply as originally stated.
TRANE
TECHNOLOGIES
|} TRANE™ Change Order # 004 R1
MCC Feeder Testing and Repairs
Prepared For: Jesus Sanchez Date: 2/16/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Breakdown:
ORIGINAL CONTRACT SUM: $ 5,822,925.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS: $0
CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $ 5,822,925.00
CHANGE ORDER ADD / DEDUCT AMOUNT: $0
NEW CONTRACT SUM INCLUDING CHANGE ORDER: $ 5,822,925.00
Description of Work:
Community Center:
e MCC Feeder Pull
parallel feed to MCCB from the Vault to the Main switchgear.
o This is limited to one (1) Day of work.
e Megger test existing unidentified 250 MCM feeders
e MCC Feeder Replacement (Full Building Shutdown Required)
o Install new 350 MCM conductors to MCCB from Main Switch.
o Repair of Vault Wall-Drypack Cement work.
e See attached subcontractor proposals for exclusions.
o Provide labor and equipment to attempt to pull out the damaged single run of the
o Research will have to be done to identify the load of the 250 MCM feeders.
o Once the load is identified, a scheduled shut will be needed to test the conductors.
o Conductors isolated from the source and load to perform conductor test.
o Reconnect conductors to the source and load and re-energize circuit
TRANE
TECHNOLOGIES
|} TRANE™ Change Order # 004 R1
MCC Feeder Testing and Repairs
Prepared For: Jesus Sanchez Date: 2/16/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Cost Breakdown:
e Credit Allocated per COP 001: $60,653.77
e Allowance Allocated per SOV: $44,270.00
e Subcontractor Cost: $62,340.77
o MCC Feeder Pull (NTE True Amount): $4,767.52
o Meggar Test: $2,300.00
o MCC Replacement: $55,363.25
e TRANE Labor: $2,112.00
e TRANE Markup: $17,103.83
e Total: $81,646.60
Net Cost Breakdown:
e Total Cost: $81,646.60
e Allowance Allocated per SOV: $44,270.00
e Cost Over Allocated SOV Amount: $37,376.60
e Credit Available per COP 001: $60,653.77
e Cost Over Allocated SOV Amount: $37,376.60
e REMAINING CREDIT AVAILABLE: $23,277.17
TRANE
TECHNOLOGIES
|} TRANE™ Change Order # 004 R1
MCC Feeder Testing and Repairs
Prepared For: Jesus Sanchez Date: 2/16/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Proposed By:
Change Order Accepted By:
Signed:
Print Name: __ Robert Wax _
Print Name:
. Regional Director - Contracting Title:
Title:
3/2/23 Date
Date:
Acceptance of this Change Order by Contractor constitutes an accord and satisfaction for both time and money, for any and all
costs (direct and indirect), impact effect and/or delays arising out of or incidental to the Work as herein revised. No further
adjustment in compensation or time of performance shall be made as a result of the foregoing change(s) except as provided
herein. Trane’s Standard Contract Terms and Conditions apply as originally stated.
TRANE
TECHNOLOGIES
= TRANE’ Change Order # 005
PRODEX Addition — Sloped & Flat Roof
Prepared For: Jesus Sanchez Date: 2/28/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Breakdown:
ORIGINAL CONTRACT SUM: $ 5,822,925.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS: $0
CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $ 5,822,925.00
CHANGE ORDER ADD / DEDUCT AMOUNT: $ 347,950.19
NEW CONTRACT SUM INCLUDING CHANGE ORDER: $ 6,170,875.19
Description of Work:
Scope:
Installtion of PRODEX 10m insulation to both flat and sloped roofing deck. Flat deck will require
removing existing plywood decking in order to install prodex in draping fashion (Manufacturer's
Recommendations). After installation of PRODEX new 15/32 CDX decking to be installed. Sloped
decking will require raised batten installation to allow for proper air flow for prodex installation.
Cost Breakdown:
Subcotractor Total: $246,659.44
TRANE Labor: $28,400.00
TRANE Markup: $72,890.75
TOTAL: $347,950.19
ATTN: Trane
pF Sy, A&R
REQUEST FOR CHANGE ORDER
DATE: 2/28/22
DESCRIPTION: Installtion of Prodex 10m insulation to both flat and sloped roofing deck. Flat deck will require removing existing plywood decking in order to install prodex in
drapping fashion (Manufacturer's Recommendations), After installation of prodex new 15/32 CDX decking to be installed. Sloped decking will require raised batten installation to
JOB:
Materials & Equipment Prodex 10m
Battens
8d nails
Plywood
Reach Lift
Compressor
Dumpster
Foreman
Sub-Foreman
Journymen
allow for proper air flow for prodex installation.
. Cost Taxes Subtotal Mark Up Cost Quanity fotals
$ 23,837.52 $1,907.00 $ 25,744.52 $3,861.68 $ 29,606.20 1 $ 29,606.20
$ 4051 $ 3.24 § 43.75 § 656 $ 50.31 69 $ 3,471.63
$ 7652 $ 612 § 82.64 § 12.40 $ 95,04 17 $ 1,615.64
$ 3791 $ 3.03 $ 4094 $ 614 § 47.08 705 $ 33,194.38
$ 3,813.25 $ 305.06 § 4,118.31 $ 617.75 $ 4,736.06 1 $ 4,736.06
$ 125.00 $ 1000 $ 13500 $ 20.25 $ 155.25 33 $ 5,123.25
$ 850.00 $ 6800 $ 918.00 $ 137.70 $ 1,055.70 11 $ 11,612.70
§ 89,359.85
264 $ 26,169.24
1056 $103,005.32
$157,299.59
FOREMAN RATE
RATE FICA MEDICARE FUTA SUI/ETT | WORKERS COMP LIABILITY/PROP SUBTOTAL = MARKUPJEXTRA WORK RATE
$ 67.30 6.20% 1.45% 0.80% 2.30% 25.20% 1.70% 37.65% 15.00% 3 :
$ 67.30 $ 417 $ 0.98 $ 0.54 $ 1.55 $5 16.96 $ 1.145 92.64 $ 13.904°S 106.53
SUB-FOREMAN RATE
RATE FICA MEDICARE FUTA SUI/ETT | WORKERS COMP LIABILITY/PROP SUBTOTAL | MARKUP |EXTRA WORK RATE $ 62.62 6.20% 1.45% 0.80% 2.30% 25.20% 1.70% 37.65% 15.00%] $ 62.62 $ 3.98 $ o91 $ 050 $ 144 $ 15.78 $ 1.06 $ 86.20 $ 1293]$ -: 99.13
JOURYMAN RATE
RATE FICA MEDICARE FUTA SUI/ETT | WORKERS COMP LIABILITY/PROP SUBTOTAL | MARKUP|EXTRA WORK RATE $ 61.62 6.20% 1.45% 0.80% 2.30% 25.20% 1.70% 37.65% 15.00%] —
$ 61.62 $ 382 5 089 $ 049 $ 142 $ 15.53 $ 105 $ 84.82 $ 12.724 $ 5 97.54
R&R Roofing | Waterproofing, INC - 17995 Collier Ave, Lake Elsinore CA 92530 - Ph: 951 2450 200 Fx: 951 245 0202
= TRANE Change Order # 005
PRODEX Addition — Sloped & Flat Roof
Prepared For: Jesus Sanchez
Job Name: City of Carson
Change Order Proposed By:
OU aan | Signed: <7 L =
Print Name: Robert Wax
| Regional Director - Contracting Title:
Date 3/2/23
Date: 2/28/2022
Contracted By: Patrick Wilkinson
Change Order Accepted By:
Signed:
Print Name:
Title: Cri i end rvnAtC yx
vi J
Date: Dz ! uV | 22.
Acceptance of this Change Order by Contractor constitutes an accord and satisfaction for both time and money, for any and all
costs (direct and indirect), impact effect and/or delays arising out of or incidental to the Work as herein revised. No further
adjustment in compensation or time of performance shall be made as a result of the foregoing change(s) except as provided
herein. Trane's Standard Contract Terms and Conditions apply as originally stated.
TRANE
TECHNOLOGIES
é TRANE™ Change Order # 006
Project Delays
Prepared For: Jesus Sanchez Date: 7/11/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Breakdown:
ORIGINAL CONTRACT SUM: $ 5,822,925.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS: $ 501,608.10
CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $ 6,324,533.10
FINAL CHANGE ORDER ADD / DEDUCT AMOUNT: $ 675,000.00
NEW CONTRACT SUM INCLUDING CHANGE ORDER: $ 6,999,533.10
Description of Work:
SOV CO
Scope:
Community Center and City Hall 28 pump and AHU shut-off valves the were replaced to prevent
extended shutdowns of the building rather than to ensure functionality of the new equipment. The
alternative to replacing the valve was to cause an approximate three-week building shut down.
Trane and our subs completed
e Removal and replacement of CHW & HHW isolation valves at each air handling unit.
e Insulated each of the newly installed valves. Valves on roof received aluminum cladding for weather
protection.
* Removal and replacement of eleven CHW & CDW Gate valves with butterfly valves at the Community
Center.
e Removal and replacement of CHW & CDW butterfly valves at all twelve locations that feed the three
pumps in City Hall.
Cost Breakdown:
Subcontractor Total: $100,716
TRANE Labor: $15,020.00
Labor & General Conditions Markup: $6,225.17
Equipment Markup: $8,022.63
TOTAL: $129,983.80
TRANE
TECHNOLOGIES
= TRANE™ Change Order # 006
Project Delays
Prepared For: Jesus Sanchez Date: 7/11/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Delay CO”
Per section 3 of the contract, any owner-caused delays are reimbursable to Trane. Per section 3.2
Trane is requesting substantial completion of the project be moved to December 10", 2022.
Breakdown of Costs Incurred Due to Delays: (reference delay log)
e Roofing Cost Delays:
o Material/Equipment/Labor Price Increases: (Exhibit 2, Exhibit 2.1, Exhibit 2.2)
o Daily Equipment Rental Cost Due to Delays: (Exhibit 2, Exhibit 2.1, Exhibit 2.2)
o Monthly Material Storage Costs Due to Delays: (Exhibit 2, Exhibit 2.1, Exhibit 2.2)
o Labor increase for August 2022 union labor increases: (Exhibit 3, Exhibit 3.1)
e Electrical Subcontractor escallation cost: (Exhibit 4)
e Equipment escalation: (Exhibit 1, Exhibit 1.1, Exhibit 1.2)
e Temp cooling cost overage to-date: (Exhibit 5)
e Total: $
Cost Breakdown:
e Subcontractor Cost: $545,016.20
e TRANE Labor: $0
e TRANE Markup: $0
e Total: $545,016.20
Per contract Section 7.8, liquidated damages of $1000/day will start to accrue 246 days after notice
to proceed date, December 7" 2021 (Permit approval).
Due to the delays outlined in the above section, the new substantial completion date is.
Currect substantial completion date: August 10", 2022
New substantial completion date: December 10", 2022
TRANE
TECHNOLOGIES
= TRANE’ Change Order # 006
Project Delays
Prepared For: Jesus Sanchez Date: 7/11/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Proposed By:
Cees Change Order Accepted By:
Signed: LLL fo La Signed: A \ “<<
Robert Wax 7) 5 lL
Print Name: O¢e.5u CG Vanelyr
Title: Regional Director - Contracting A / i fo ‘ Title _-« FWSSOC4 ake Cy vi Gage
Date 3/2/23 Date: \O | lO [a
Print Name:
Acceptance of this Change Order by Contractor constitutes an accord and satisfaction for both time and money, for any and all
costs (direct and indirect), impact effect and/or delays arising out of or incidental to the Work as herein revised. No further
adjustment in compensation or time of performance shall be made as a result of the foregoing change(s) except as provided
herein. Trane’s Standard Contract Terms and Conditions apply as originally stated.
TRANE
TECHNOLOGIES
= TRANE™ Change Order # 008
City Hall Roof Structural Upgrades
Prepared For: Jesus Sanchez Date: 5/24/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Breakdown:
ORIGINAL CONTRACT SUM: $ 5,822,925.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS: $ 347,950.19
CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $ 6,170,875.19
CHANGE ORDER ADD / DEDUCT AMOUNT: $ 153,657.91
NEW CONTRACT SUM INCLUDING CHANGE ORDER: $ 6,324,533.10
Description of Work:
Scope:
Structural upgrades to roof in preparation for new AHUs: upgraded framing, curb and curb cap
installation, additional labor, and other associated costs.
Cost Breakdown:
Subcontractor Total: $106,209.20
Total Cost: $112,080.62
(See attached COPs from subcontractor with items included in structural upgrade cost
highlighted)
5% Roof Deck Replacement Deduction (See attached): $5,871.42
TRANE Labor: $17,840.00
TRANE Additional Temporary Cooling: $13,700.00
Labor & General Conditions Markup: $6,401.40
Equipment Markup: $9,507.31
TOTAL: $153,657.91
TRANE
TECHNOLOGIES
€& TRANE™ Change Order # 005
City Hall Roof Structural Upgrades
Prepared For: Jesus Sanchez Date: 5/24/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Accepted By:
“| 2 _
Signed: Signed: wa —, ct <8 Sanel Print Name: “vet Print Name: Sesuc Sane A£2_
‘ ‘ it Regional Director - Contracti (a A . > weev Title: egional Director - Contracting rifise cso te, Cru; | ens!
Date = Date: OO | Z 3 | ve
Acceptance of this Change Order by Contractor constitutes an accord and satisfaction for both time and money, for
any and all costs (direct and indirect), impact effect and/or delays arising out of or incidental to the Work as herein
revised. No further adjustment in compensation or time of performance shall be made as a result of the foregoing
change(s) except as provided herein. Trane's Standard Contract Terms and Conditions apply as originally stated.
TRANE
TECHNOLOGIES
= TRANE™ Change Order # 009
AHU 1 and 5 Filter Sections
Prepared For: Jesus Sanchez Date: 10/13/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Breakdown:
ORIGINAL CONTRACT SUM: $ 5,822,925.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS: $1,176,608.10
CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $ 6,999,533.10
| CHANGE ORDER ADD l DEDUCT AMOUNT: $ 4,894.65
NEW CONTRACT SUM INCLUDING CHANGE ORDER: $7,004,427.75
Description of Work:
oda ere and install pre-outside air filter sections for AHUs 1 and 5, for the purpose of
preventing debris from the pits entering the AHUs.
Cost Breakdown:
Subcontractor Total: $2,890.00
TRANE Labor: $1,420.00
Labor & General Conditions Markup: $460.95
Equipment Markup: $123.70 TOTAL: $4,894.65
TRANE
TECHNOLOGIES
TRANE™ Change Order # 009
AHU 1 and 5 Filter Sections
Prepared For: Jesus Sanchez Date: 10/13/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Proposed By: Change Order Accepted By:
Signed: LL Signed: ah=eo
Print Name: _ Robert Wax Print Name: “Jasus San chew
witha: Regional Director - Contracting ritle: Asso ate Gy ons)! Vv cor
Date 3/2/23 ste io], 13 [22
Acceptance of this Change Order by Contractor constitutes an accord and satisfaction for both time and money, for
any and all costs (direct and indirect), impact effect and/or delays arising out of or incidental to the Work as herein
revised. No further adjustment in compensation or time of performance shall be made as a result of the foregoing
change(s) except as provided herein. Trane’s Standard Contract Terms and Conditions apply as originally stated.
TRANE
TECHNOLOGIES
= TRANE™ Change Order # 011
Duct, VAV, and Insulation Repairs and Replacement
Prepared For: Jesus Sanchez Date: 11/1/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Change Order Breakdown:
ORIGINAL CONTRACT SUM: $ 5,822,925.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS: $ 1,181,502.75
CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $ 7,004,427.75
CHANGE ORDER ADD / DEDUCT AMOUNT: $ 82,173.65
NEW CONTRACT SUM INCLUDING CHANGE ORDER: $ 7,086,601.40
Description of Work:
VAV Reheat Valve Replacement:
Replace (8) reheat valves in the (8) VAVs in the North Wing cubicle area, East Wing cubicle area,
and 2" floor stairwell area, Executive Conference Room and City Council Chamber Room.
Subcontractor Cost: $9,530
VAV Repair and Replacement:
Replace damaged VAVs 1 and 2 serving the main cubicle area in North Wing. Seal leaking VAV 31
serving offices on the North side of East Wing.
Subcontractor Cost: $16,285
Final Temp Cooling Costs: $38,500
Additional Project Time:
Per contract Section 7.8, liquidated damages of $1000/day will start to accrue 246 days after
notice to proceed date, December 7th 2021 (Permit approval).
Per project delay CO, substantial completion was push out 122 days. The current substantial
completion date is December 10, 2022.
TRANE
TECHNOLOGIES
& TRANE™ Change Order # 011
Duct, VAV, and Insulation Repairs and Replacement
Prepared For: Jesus Sanchez Date: 11/1/2022
Job Name: City of Carson Contracted By: Patrick Wilkinson
Due to the additional work requested in this change order proposal (45 days), the new substantial
completion date shall be January 24", 2022.
Total Subcontractor Cost: $64,315
Trane Labor: $10,704
Trane Mark Up: $7,154.65
Labor Mark-Up: $2,169.45
Material Mark-Up: $4,985.20
TOTAL COST: $82,173.65
Change Order Proposed By: Change Order Accepted By:
LIF Signed: Signed: fo a
Print Name:
Title:
Date:
3/2/23
Acceptance of this Change Order by Contractor constitutes an accord and satisfaction for both time and money, for
any and all costs (direct and indirect), impact effect and/or delays arising out of or incidental to the Work as herein
revised. No further adjustment in compensation or time of performance shall be made as a result of the foregoing
change(s) except as provided herein. Trane's Standard Contract Terms and Conditions apply as originally stated.
TECHNOLOGIES
TRANE
& TRANE™ Change Order # 012
City Hall SOV for Chiller 2/Credits
Prepared For: Jesus Sanchez Date: 3/8/2023
Job Name: City of Carson Contracted By: Rob Wax
Change Order Breakdown:
ORIGINAL CONTRACT SUM: $ 5,822,925.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS: > 1,260,593.97
CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $ 7,083,518.97
CHANGE ORDER ADD / DEDUCT AMOUNT: $ -96,172.32
NEW CONTRACT SUM INCLUDING CHANGE ORDER: $ 6,987,346.65
Description of Work:
SOVs for Chiller 2 at City Hall:
Remove and replace 2 CHW & 2 CDW Shut off Valves for Chiller 1 at City Hall. This work to
be done during Normal Work Hours.
Cost Breakdown:
Subcontractor Total: $8,414.30
SOVs for Chiller 2 at City Hall: $5,331.50
Coil Cleaning $3,082.80
Labor & GCs Markup: $658.25
Trace Ensemble Deduct: $85,050
Plasma Air Balance: $20,194.87
TOTAL: $96,172.32 Credit
Print Name:
Change Order Proposed By:
— Ze Lr oe Title:
Signed: a / Le
Date
TRANE
TECHNOLOGIES
| = TRANE™ Change Order # 012
City Hall SOV for Chiller 2/Credits
Prepared For: Jesus Sanchez Date: 3/8/2023
Job Name: City of Carson Contracted By: Rob Wax
Print Name:
Change Order Accepted By:
Signed: / Za Date:
Acceptance of this Change Order by Contractor constitutes an accord and satisfaction for both time and money, for
any and all costs (direct and indirect), impact effect and/or delays arising out of or incidental to the Work as herein
revised. No further adjustment in compensation or time of performance shall be made as a result of the foregoing
change(s) except as provided herein. Trane's Standard Contract Terms and Conditions apply as originally stated.
TRANE
TECHNOLOGIES