City College of San Francisco 50 PHELAN AVENUE • SAN FRANCISCO, CA 94112 • (415) 239-3000

BOARD OF TRUSTEES

MILTON MARKS, PRESIDENT • JOHN RIZZO, VICE PRESIDENT • DR. NATALIE BERG • .DR. ANITA GRIER

CHRIS JACKSON • STEVE NGO • LAWRENCE WONG, ESQ. • JOSHUA NIELSEN, STUDENT TRUSTEE

DR. DON Q. GRIFFIN, CHANCELLOR

The Facilities, Infrastructure and Technology Committee on Thursday, April 8, 2010 reviewed and voted to forward this resolution to the Board with a recommendation for approval. Requires unanimous vote of the Board DATE: April 29, 2010 B3 TO: Board of Trustees FROM: Dr. Don Q. Griffin, Chancellor Subject: CAPITAL OUTLAY

Authorization to approve a construction change order to Cumiskey Construction, Inc. in the amount of $7,802, which causes the total of all change orders to exceed 10% of the original contract price of $850,000. ADA Upgrades - Ocean Avenue Campus – Batmale Hall - Final cost of the ADA Upgrades - $1,051,477. (Resolution No. 100429-B3)

BACKGROUND INFORMATION: Current scope of work for this project includes modifications to existing public restrooms, exterior doors, provision of Areas of Rescue Assistance and interior door hardware modifications at all Designated Accessible Facilities in order to meet ADA compliance. The original Bid Documents did not include illuminated signage for the Areas of Rescue Assistance, but the Department of State Architect added this as required scope upon issuance of the permit for the project and it needs to be included in the Contractor’s scope. In addition there are a pair of rated corridor doors on the ground floor that require magnetic hold opens in order to meet fire life safety requirements. This work is also required by the Department of State Architect and is proposed to be added to Contractor’s scope. California case law, including Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631, states that there are circumstances under which competitive bidding for additional construction work would not be in the public interest and would not be advantageous to the Project: “Where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and observe such form, competitive bidding is not applicable.”

04/29/10 – B3 page 2

SHARED GOVERNANCE REVIEW: Yes ___; No X ; if yes, which committee: ______

Date of Review: ______

(A negative response indicates that a review is not necessary)

RECOMMENDATION:

RESOLVED: In consideration of such facts the Board finds that it would be contrary to the purposes of the competitive bidding laws to advertise and take competitive bids for the work which is the subject of the proposed Change Order. That issuing the proposed Change Order would not constitute an act of favoritism, improvidence or extravagance, fraud or corruption. Issuing the proposed Change Order would prevent the waste of public funds and obtain the best economic result for the public.

RESOLVED: That authorization is hereby given to execute the Change Order in the amount of $7,802.

FURTHER BE IT RESOLVED: That the Chancellor, Vice Chancellor of Finance and Administration and/or their designee are hereby authorized to execute any and all documents on behalf of the District to effectuate this resolution.

Peter Goldstein, originator w/ David Liggett w/ Leilani Battiste