Approve a Change Order in the amount of $33,350 with Weber Builds for the Animal Services Spay and Neuter Clinic to increase the maximum compensation to $233,335 and find that further competitive bidding for the work described in the change order would have been unavailing and would not have produced any public advantage. (No general fund impact) (Pistochini)

The County approved in Summer 2024 the reuse of a portion of a vacant County building at 2780 East Gibson Road to become an Animal Services Spay and Neuter clinic.  The project commenced in fall 2024 to make various tenant improvements to the space with a $199,985 contract to Weber Builds. These improvements included wall work (new installation and demolition), ventilation work, new plumbing, and electrical work. During the construction phase, it was realized that the surgery room would experience more water use than anticipated, necessitating a change to the flooring and walls to protect the building from water damage.  This change is necessary to install new vinyl flooring in the surgery room, recovery room, and surgery preparation room. Additionally, waterproofing material (fiberglass reinforced panels) will be installed in the surgery room, surgery preparation room, and dog recovery room.

This change order is more than 10% of the amount of the original contract, necessitating a four-fifths board vote to authorize the change. When a change order exceeds 10% of the amount of the original contract, the Public Contract Code section 20137 ordinarily requires competitive bidding.  However, under Graydon v. Pasadena Redevelopment Agency (1980) 104.Cal.App.3d 631, competitive bidding is not required where such bidding would be unavailing, impractical, and would not produce any public advantage.  For the following reasons, competitive bidding for the extra work in this case would not have produced any public advantage, and is in both the best interest of the County and the public to work with the existing contractor on the Project rather than competitively bidding these Prohect changes because:

Upon completion of the original and change order work, the facility will be ready for occupancy based on the original scope and requirements requested by Animal Services.  Staff have identified additional potential scope changes that will be further specified and put out to a future competitive solicitation.  These potential changes support a request to implement more medical-grade facility standards and are expected to require the use of specialty trades/contractors that general contractors typically do not have expertise in.

Department of Community Services