CITY OF MENIFEE
SUBJECT: Contract Change Orders with Optima RPM, Inc. for the Central Park Amphitheater Project
MEETING DATE: April 2, 2025
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst II
REVIEWED BY: Rebekah Kramer, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Contract Change Order No. 3 for the construction contract with Optima RPM, Inc. for the Central Park Amphitheater Capital Improvement Program (CIP) Project No.19-15, to extend the terms of service by 71 working days; and
2. Approve and authorize the City Manager to execute Contract Change Orders No. 5 and No. 6, increasing the contract amount by $220,629.04 for a total amount not-to-exceed $5,391,799.11.
DISCUSSION
The Central Park Amphitheater Project, CIP No. 19-15 (“Project”) is currently under construction.
The Project consists of the construction of two separate and unique structures: the main shade structure and the rear storage and preparation area. Once complete, the amphitheater will be used to hold annual City events, concerts, and performances.
On December 6, 2023, the City Council authorized the execution of a construction contract with Optima RPM, Inc. (“Contractor”) for an amount not-to-exceed $5,133,426.31. Although staff makes every effort to carefully study and anticipate the extent of the scope of work required to achieve project goals, unforeseen needs are often encountered. Site conditions and additional requirements imposed by external agencies are often experienced as a project of this magnitude progresses, which may result in expanding the original scope of work and extending a project timeline. Through the duration of the Project, several change orders have been necessary to accommodate unanticipated costs associated with the construction. These changes are addressed in the form of a Contract Change Order (“CCO”).
City of Menifee Staff Report
CIP 19-15 Contract Change Order
April 2, 2025
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Pursuant to Menifee Municipal Code §3.12.090, amendments or change orders for construction projects less than 10% of the original agreement and under $50,000 may be approved by the City Manager. As such, CCO No. 1, No. 2, and No. 4 have been administratively approved, thus increasing the overall construction contract with Optima RPM, Inc. to $5,171,170.07.
In order to maintain forward movement on the project, City staff are requesting City Council consideration of CCO No. 3, No. 5, and No. 6 which would result in an extension of term of service by 71 additional working days and increase the construction contract by $220,629.04. The total of all CCO’s is $258,372.80 for a total amount not-to-exceed $5,391,799.11. Details of each requested CCO are outlined in Table 1.
TABLE 1 – CONTRACT ACTIVITY SUMMARY
Contract
Activity
Approval Date Summary of Changes Working
Days
Amount
Original
Contract
December 6, 2023 Construction Services 260 $ 5,133,426.31 CCO No. 1 August 12, 2024 Provide and Install Rigid
conduit
0 $ 25,166.00
CCO No. 2 October 13, 2024 Temporary power
modifications
0 $ 9,329.76
CCO No. 3 Pending Council
Approval
Extension of time
(71 days)
71 $ 0.00
CCO No. 4 February 7, 2025 Excavate around pull box in
slope behind storage
0 $ 3,248.00
CCO No. 5 Pending Council
Approval
Furnish and install acoustic
louvers
0 $ 77,677.13
CCO No. 6 Pending Council
Approval
Fire Sprinkler System 0 $ 142,951.91
Total 331 Days $ 5,391,799.11
CCO No. 1 (Approved August 12, 2024): The work performed resulted in the replacement of the polyvinyl chloride (PVC) conduit with a high strength rigid conduit. Due to the conduit being exposed, a rigid metal conduit was proposed to ensure future safety and ease of maintenance.
Although there was an increase in cost in exchanging the material, City staff were able to recover a portion of the cost by removing several line items from the project that were determined to be redundant.
CCO No. 2 (Approved October 13, 2024): A change in the provisions for temporary power was necessary to support the construction site. Due to the fact that the City’s existing electrical pedestal and panel had to be removed for the placement of the storage building, the contractor was unable to access power service at the construction site. As a result, the contractor had to install a temporary panel and the associated wiring to provide power to the construction site.
City of Menifee Staff Report
CIP 19-15 Contract Change Order
April 2, 2025
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5 7
CCO No. 3 (Pending City Council Approval): The glue-laminated beams are the large wood curved beams that create the primary support for the shade structure over the storage building and the main stage area which gives the amphitheater its unique design and aesthetic characteristic.
The original construction time estimate anticipated manufacturing the glue-laminated beams while the concrete pillars and concrete storage building walls were being constructed. Due to the unique horizontal and vertical curvature of each glue-laminated beam, placement of support anchors, plates, and fabrication of the glue-laminated beams require precise measurements within one eighth of an inch deviation from the designed plans. To meet the design requirements, it was determined that it would be necessary to ensure that the exact survey points to connect the beams to the structure were in place prior to manufacturing the beams. As such, the glulam beam manufacturing could not start until the pillars and storage concrete walls were constructed. The pillars and the concrete storage walls were completed in December 2024 and the manufacturing of the beams has commenced and is anticipated to be delivered by May 2025.
City staff are requesting the project completion date be extended 71 working days from February 19, 2025 to June 2, 2025, for a total of 331 working days, to accommodate the proper survey, design, and fabrication of the glue-laminated beams and anchors.
CCO No. 4 (Approved February 7, 2025): The location of the electrical pull box was initially designed to be placed in a sidewalk located directly behind the concrete stage. Upon further review, it was determined that this location presented issues that might impede accessibility and difficult maintenance of the facility. Moving the pull box out of the walkway required additional grading. The new location of the electrical pull box is located outside the walkway in a 4’ x 3’ area of the back slope behind the storage building.
CCO No. 5 (Pending City Council Approval): In reviewing the finer details related to the acoustic veracity of the structure, it was discovered that the acoustic louvers, an integral item, was omitted from the bid schedule for the project. Although detailed on the plan design, the louvers attached to the forward-facing wall of the storage building were not included in the construction contract. This presented the opportunity to create efficiencies in the design by using composite louvers instead of the intended wood louvers. The identified alternative is less costly than wood and will reduce future maintenance costs due the longevity of the material. The louvers are located on the outside storage wall serving as the background to the stage and were designed to help with the acoustics of the theater. After rejecting initial quotes from the contractor due to high costs, the City agreed on the negotiated cost of $77,677.13.
CCO No. 6 (Pending City Council Approval): While the City’s initial plan approvals did not require fire suppression for the amphitheater’s open-air design, a subsequent review by the Riverside County Fire Marshal determined that a fire sprinkler system was mandatory for compliance with current fire codes. Ensuring the facility meets all applicable safety regulations is non-negotiable and critical to protecting public safety.
The requested contract change orders are necessary to ensure the Central Park Amphitheater is completed to the highest standards of safety, durability, and functionality. These adjustments City of Menifee Staff Report
CIP 19-15 Contract Change Order
April 2, 2025
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ensure that the project remains compliant with all safety regulations, meets its intended design and performance specifications, and is completed within responsible budget parameters.
By approving these CCO, the City Council would enable the project to move forward without further delays, allowing for timely completion and public use. The amphitheater represents a major investment in the community, and these refinements will enhance its long-term success.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
The fiscal impact of proposed CCO No. 5 is $77,677.13 and CCO No. 6 is $142,951.91 for a total contract increase of $220,629.04. If approved, the total contract value for Optima RPM Inc. would be adjusted to a total amount not-to-exceed $5,391,799.11. Funding for both CCO’s are available in the adopted project budget, as summarized in Table 2. The total of all CCO’s is $258,372.80 or 5.0% of the original contract amount.
TABLE 2 – PROJECT BUDGET
Fund Available Budget Anticipated Cost
1100 – General Fund $ 448,441.00 $ 211,333.24
4320 – Capital Projects $ 4,398.80 $ 4,398.80 2507 – DIF Public Facilities $ 4,897.00 $ 4,897.00 Total $ 457,736.80 $ 220,629.04
No additional budget appropriation is required.
ATTACHMENTS
1. Project Location Map
2. CCO No. 3 - Proposed
3. CCO No. 5 - Proposed
4. CCO No. 6 - Proposed
5. Original Contract
6. CCO No. 1 - Approved
7. CCO No. 2 - Approved
8. CCO No. 4 - Approved