CONTRACT CHANGE ORDER
CITY OF PALO ALTO
DEPARTMENT: ELECTRIC UTILITIES OPERATIONS
_____________________________ Project
Contract Change Order #
Project Title: Fiber-to-the-Premises (FTTP) Pilot Project No.: FO-24000 Contract Number: C22183580 Date: 8/29/24
Contractor: MP Nexlevel of California, Inc. Change Order No.: 1
Description of Change Order
Background Information: On December 19, 2022, City Council directed staff to proceed with the Fiber Expansion Plan to implement the Fiber Rebuild project and Phase 1 of the FTTP Project. In Phase 1, FTTP would be built out in selected areas of the city and expanded gradually (Staff Report ID 148003).
City is deploying a pilot serving 1200 customers to determine how to align FTTP with grid modernization with to help minimize utility engineering pole make-ready work, pole replacements, noise disruption, and construction activity in neighborhood.
The original contract C22183580 was approved by City Council on March 21, 2022 under staff report ID 13953. The original term of the contract was an annual not-to-exceed amount of $9,697,390 for a total three-year not-to-exceed amount through April 30, 2025.
URL Link: Staff Report 13953 (laserfiche.com)
Change Order Justification: The City does not possess the staffing resources to provide substructure, trenching services and fiber installation because the amount of work varies year over year. These services have been contracted out for approximately 30 years and are required to complete CIP and customer connections in a timely and cost-effective manner. The City has been contracting with MP Nexlevel for over the past 10 years for substructure installations, utility trenching, and fiber conduit installations
Staff recommends increasing the task order construction contract by $1,650,000 which consists of $1,500,000 for base work and $150,000 for contingency for the FTTP pilot. The task order contract change order requested will cover the FTTP Phase 1 Pilot only. Staff will be requesting competitive bids for construction of the remainder of the FTTP Phase 1 scope.
Description of Work to be Performed:
As directed by City in a Task Order, Contractor will provide construction work for the installation of fiber optic cable and fiber hut site preparation in support of the FTTP Pilot Project • Install, lash, splice and test approximately 57,000 feet of aerial fiber optic cable and 2,500 feet of underground fiber optic cable.
• Build underground laterals and pad mounts for six proposed fiber distribution hubs (FDH) which can serve up to 250 customers individually. • Excavate and construct a 10’ x 30’ concrete pad to support the fiber hut and emergency generator.
• Install electric wiring, lighting and HVAC inside the fiber hut. • Install security fencing and features such as locks, alarms, and surveillance cameras at the fiber hut site.
Incorporates Field Order Number(s): Bid items 1 – 20
Cost Time
Docusign Envelope ID: E6992DCE-08AB-40E6-9B76-56AA99CD7587 This Change Order will:
No cost change: N/A
X Increase cost by $ 1,650,000.00
Decrease cost by $ N/A
This Change Order will:
X Not change time
Increase time by ____ days
o ___ days Excusable Delay
o ___ days Compensable Delay
Decrease time by ____ days
The date of completion as of this Change Order is:
April 30, 2025_______________________________
G/L account number (s): 40029512 / 31650
Basis for change in cost:
Unit price(s)
Lump sum
X Time and Materials
Compensation for Compensable Delay
Other:
Docusign Envelope ID: E6992DCE-08AB-40E6-9B76-56AA99CD7587
Contract Change Order – continued
CONTRACTOR CERTIFICATION: By signing below, Contractor agrees that this Change Order constitutes full resolution, settlement, accord and satisfaction with respect to any and all pending or future Claims for cost and extensions of time that were asserted, or that could have been asserted, in connection with the Work covered by this Change Order, as more fully set forth in Article 7 of the Contract General Conditions.
FAILURE TO EXECUTE: If Contractor fails to promptly execute this Change Order after it has been submitted for Contractor’s signature, the City may unilaterally approve this Change Order as set forth in Article 7 of the Contract General Conditions. Contractor may dispu te the terms of a unilaterally-approved Change Order, in whole or in part, by submitting a Claim in accordance with the Dispute Resolution Procedures set forth herein within fourteen (14) days after the Change Order is approved by the City. I f Contractor fails to submit a Claim within that 14 -day period, with respect to all or part of the unilaterally-approved Change Order, those portions of the Change Order which have not been disputed by timely submission of a Claim shall be deemed to have the same effect as if the Change Order was fully executed by both parties as set forth above.
Accepted for Contractor: Accepted for City of Palo Alto:
By: By:
Title: Title:
Date: Date:
PCO No.
ASI
FO
COR
CO
Description Amount Reason for Change
1 Foreman $298,242 FTTP Pilot Project
2 Laborer $572,355 FTTP Pilot Project 3 Equipment Operator $25,121 FTTP Pilot Project 4 Truck Driver Class A $16,695 FTTP Pilot Project 5 Qualified journeyman worker to perform conduit
intercepts in an energized duct bank
$3,938 FTTP Pilot Project
6 Concrete Finisher $17,798 FTTP Pilot Project
7 Core Driller with operator $2,927 FTTP Pilot Project 8 Concrete Saw with operator $2,678 FTTP Pilot Project 9 Foreman’s Truck $25,830 FTTP Pilot Project
10 Crew truck, with Hand Tools, and Gas-Powered
Cutoff Saw
$38,745 FTTP Pilot Project
11 Compressor and Jackhammer $793 FTTP Pilot Project 12 Backhoe $7,271 FTTP Pilot Project
13 Ramhoe $2,977 FTTP Pilot Project
14 Bobtail Truck $67,410 FTTP Pilot Project
15 End-Dump Truck $90,956 FTTP Pilot Project
Scope of Work
Docusign Envelope ID: E6992DCE-08AB-40E6-9B76-56AA99CD7587 9/19/2024
Robbi Pribyl
President
16 10-wheel Dump Truck $13,230 FTTP Pilot Project
17 Boom Truck with Flatbed $1,323 FTTP Pilot Project
18 Directional Boring Rig $3,701 FTTP Pilot Project
19 Arrow Board $133 FTTP Pilot Project
20 Vac Trailer – 800 Gallons $10,584 FTTP Pilot Project 21 Mini Excavator $23,100 FTTP Pilot Project
22 Bobcat Skid-Steer $1,061 FTTP Pilot Project
23 Equipment Trailer $5,985 FTTP Pilot Project
24 A/C Roller $861 FTTP Pilot Project
25 Estimator $5,618 FTTP Pilot Project
26 3-5 Yard Dump Truck $1,454 FTTP Pilot Project
29 Box Shoring $2,150 FTTP Pilot Project
30 Message Board $1,355 FTTP Pilot Project
31 Pipe Fusing (100') $5,355 FTTP Pilot Project
32 Pipe Grouting $41,738 FTTP Pilot Project
33 2200 Gallon Vacuum Truck $149,032 FTTP Pilot Project 34 Large Bore Rig $59,588 FTTP Pilot Project
Total for this Change Order $1,500,000
Docusign Envelope ID: E6992DCE-08AB-40E6-9B76-56AA99CD7587
Document Preparation
By: Dave Yuan
Title: Utilities Strategic Business Manager
Date: August 29, 2024
City Approval – Division Head
Signature required on all Change Orders
By :
Title : Tomm Marshall
Assistant Director, Electric Engineering and Operations Date:
City Approval – Department Head
Signature required when any individual Change Order exceeds $10,000.
By:
Title: Dean Batchelor
Director of Utilities
Date:
Contract Change Order – continued
Summary of Amounts Payable Under Contract (For Internal Purposes Only) Original Contract Sum: $ 9,697,390.00
Previous Change Orders $ 0.00
This Change Order $ 1,650,000.00
Revised Contract Sum: $ 11,347,390.00
Compare to:
Original Contract
Authorization: $ 8,815,809.00 Contingency: 881,581.00
Contract Amendment
Authorizations $ 0.00 Contingency added: 0.00
Contingency Authorizations: $ 0.00 Used to date (0.00) Total Authorized Funding: $ 8,815,809.00 Balance remaining 0.00 Change Orders shall not be initiated for Council-approved contracts if the revised Contract Sum exceeds the total authorized funding amount.
Docusign Envelope ID: E6992DCE-08AB-40E6-9B76-56AA99CD7587 Certificate Of Completion
Envelope Id: E6992DCE08AB40E69B7656AA99CD7587
Status: Completed
Subject: Complete with Docusign: Contract Change Order - MP Nexlevel for FTTP Pilot.pdf Source Envelope:
Document Pages: 5
Signatures: 1
Envelope Originator:
Certificate Pages: 2
Initials: 0
Kaylee Burton
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
[email protected]
IP Address: 199.33.32.254
Record Tracking
Status: Original
9/17/2024 1:43:50 PM
Holder: Kaylee Burton
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Palo Alto
Location: DocuSign
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Robbi Pribyl
[email protected]
President
MP MP Nexlevel
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Using IP Address: 96.39.129.44
Signed using mobile
Sent: 9/19/2024 4:10:32 PM
Resent: 9/19/2024 6:28:15 PM
Viewed: 9/19/2024 6:44:18 PM
Signed: 9/19/2024 6:44:35 PM
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Tony Sturtz
[email protected]
Regional Vice President
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(None)
Sent: 9/19/2024 4:10:34 PM
Viewed: 9/19/2024 4:11:03 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dave Yuan
[email protected]
Utilities Strategic Business Manager
Dave Yuan
Security Level: Email, Account Authentication
(None)
Sent: 9/19/2024 6:44:36 PM
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Not Offered via DocuSign
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