HomeMy WebLinkAboutC37620 NOC Playground Equipment at the Joe Mann Park 925-19Contract No. C37620
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: May 23, 2019
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST: Accept Contract No. C37620 with Great Western Recreation, LLC for
the installation of inclusive playground equipment at Joe Mann
Park as complete and authorize the City Clerk to file the Notice of
Completion (Project No. 925-19).
Recommendation
By Minute Motion:
1. Ratify Change Order No. 1 in the amount of $12,905.10, for statutorily
required bonds that were not included in the original scope of work, as
well as replacement of wood fibers for ADA accessibility and
2. Ratify Deductive Change Order No. 2 in the credit amount of $2,050;
and
3. Accept the installation of inclusive playground equipment at Joe Mann
Park, Contract No. C37620 with Great Western Recreation, LLC, of
Logan, Utah, as complete; and
4. Authorize the Mayor to execute the Notice of Completion; and
5. Authorize the City Clerk to record the same.
Strategic Plan
The project furthered the goals of the strategic plan by providing a high quality, inclusive
park with recreations facilities for the community.
Background Analvsis
On September 27, 2018, City Council approved Contract No. C37620, with Great Western
Recreation, LLC (Great Western), of Logan, Utah, for the installation of inclusive
playground equipment at Joe Mann Park in the amount of $215,179. At that time a
contingency amount of $43,036 was also approved.
May 23, 2019 - Staff Report
Approve Change Order No. 2 to Contract No. C37620 with Great Western Recreation for
Joe Mann Park Playground Improvements (Project No. 925-19)
Page 2 of 2
On January 9, 2019, City Manager approved Change Order No. 1 in the amount of
$12,905.10, for statutorily required bonds that were not included in the original scope of
work, as well as replacement of wood fibers for ADA accessibility. This prevented an
undue delay to the project, allowing the contractor to be approved, and commence with
ordering equipment.
On March 27, 2019, Great Western notified the City that due to the existing equipment
being donated for repurposing to Father's Heart Ranch and relocated by their forces,
Great Western did not have to remove the existing equipment. This resulted in a credit
of $2,050. Great Western asked that the Change Order No. 2 be acknowledged by the
City so they could close out their contract file, with documented contract totals. On May
10, 2019, the City Manager acknowledged the Deductive Change Order, and it has been
sent to the contractor. The overall total contract price was reduced to $226,034.
The work has been inspected by staff and found to be complete and incompliance with
the contract documents.
Fiscal Analvsis
There is no fiscal impact associated with this action.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
Approved as to Form
N/A ,... .....,.�. a
Robert W. Hargreaves Tom Garcia, P.E. fan Moore Lauri Aylaian
City Attorney Director of Public Works Director of Finance City Manager
CONTRACTOR: Great Western Recreation
975 S. State Highway 89
Logan, UT 84321
ATTACHMENTS: Memo to Lauri Aylaian, dated January 9, 2019
Change Order No.1
Memo to Lauri Aylaian, dated May 10, 2019
Change Order No. 2
Notice of Completion
Vicinity Map
CITY OF PALM DESERT
�.
PUBLIC WORKS DEPARTMENT,'r,
INTEROFFICE MEMORANDUM
To: Lauri Aylaian, City Manager
From: Tom Garcia, P.E., Director of Public Works
Date: January 9, 2019
Subject: Approve Change Order No. 1 for the Joe Mann Park Playground
On September 27, 2018, City Council approved a contract in the amount of $215,719,
with a 20% contingency, with Great Western Recreation, LLC (Great Western) for the
removal of existing playground equipment at Joe Mann Park and the installation of new
inclusive equipment. Initially this procurement was being handled by the Housing
Authority using a Government Procurement Agency; US Communities. The equipment
was secured and Great Western Recreation, LLC, was the listed manufacturer/installer.
Subsequently, the project was turned over to Public Works for project implementation,
construction, and completion. After award of the contract, it was brought to the attention
of staff that bonds had never been a part of the requested quote. The cost to provide
the statutorily required bonds is approximately $3,670.
The original design of the playground called for 5,510 square feet of poured in place
rubber surface. Staff felt this was costly and asked Great Western to reduce that
amount to 2,704 square feet at a cost savings of $38,021.30, and provide an alternative.
Which they did, however, in revising the quote Great Western did not provide a line item
for the replacement engineered wood fibers for ADA accessibility. After award of
Contract No. C37620, the omission was discovered. Therefore, staff is now requesting
the approval of Change Order No. 1 to Joe Mann Park Playground Replacement in the
amount of $12,905.10.
In an effort to move the project along, staff would like you to approve the Change Order
No. 1, which staff will take to City Council on February 14, 2019 for ratification.
Funds are available in the 20 percent contingency (account number 1104618-4400100).
`fom Garcia, P.E.
Director of Public Works
kIg
and S?
::�Lauri Aylaian t---
City Manager
GAPubWorks\PROJECTS\925-19 Joe Mann Park Playground Equipment\Correspondence\Inter-Olfice\2019-01-09 MEMO to City Manager -Approve CO tdoc
GREAT WESTERN
Myles t-4atvey
R1 "ir, IUmpec zar,
Joe Mann EWF Surfacing
City of Palm Desert
Attn: Randy Chavez
73510 Fred Waring Dr.
Palm Desert, CA 92260
Phone: 760-346-0611
Fax: 760-341-7098
rchavez@cityofpalmdesert.org
QUOTE
#95062
08/20/2018
Project #: P69849
Ship To Zip: 92211
Quantity Part 4 Description•
167 EWF Turboscape - Engineered Wood Fiber Blown $55.30 $9,235.10
in -
167 CY of EWF Blown in
Site Location: 77810 California Dr. SubTotal: $9,235.10
Palm Desert, CA 92211 Total Amount: $9,235.10
Quote is for EWF Blown in Surfacing only please referance quote 95060
for equipment
Payment Options Cash or Check Orders - Please make check out to Great Western Recreation Credit Card Orders - Visa or Mastercard.
50% Down - 50% down payment with order and remaining 50% payment before shipment Credit Terms - Credit application required with
order. Terms negotiated prior to order placement. Down payment may still be required. ***Note: If you are issuing a P.O. please make it
payable to Great Western Recreation**
Payment Terms - NET 30
This quotation is subject to policies in the current product catalogs used to develop this quote and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment.
Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Great Western Installations. Kindly issue one order
for the equipment and a separate order for surfacing and/or equipment installation services.
Pricing: fo.b. factory, firm for 10 days from date of quotation.
Payment terms: payment in full, net 30 days subject to approval by Great Western Installations. A 1.5% per month finance charge will be
imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services
and project completion. Retainage not accepted. Shipment: order shall ship within 30-45 days after Great Western Installations' receipt and
acceptance of your purchase order, unless confirmed otherwise, color selections, approved submittals, and receipt of deposit, if required. Receipt
of goods: Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to
written acceptance of the shipment. Damaged goods and/or shortages must be reported within 30 days of receipt of shipment in order to
receive full credit. Please inspect and inventory all items received and list all damaged and missing goods on the bill of lading provided
by the freight driver. Credit will not be given on items reported outside the 30 day time period. Freight Charges: Prepaid and added at
time of invoicing. Taxes: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the
time of order entry. Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing
equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders and drainage provisions. Unless specifically included, this quotation also excludes prevailing wages, drawings and
permits. This quotation also excludes impact testing and independent audits unless specifically included. Submittals: our design proposal
reflects the spirit and intent of the project plans and specifications. While some variations may exist between our quotation and the project
design, the differences do not materially affect the intended use. Great Western Installations designs and specifications are unique and not
intended to be identical in all respects to other manufacturers. When requested we shall submit for review and approval by the owner's
representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing materials. Once approved,
these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements. To
Order: Please complete the acceptance portion of this quotation and provide color selections, purchase order copy and other key information
requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Pagel of 2
Joe Mann EWF Surfacing
QUOTE
#95062
08/20/2018
Installation: shall be by a
Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation. Site
should be level and permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree
stumps, bedrock or any, concealed materials or conditions that may result in additional labor or material costs.
Order Information:
Bill To:
Ship To:
Company:
Contact:
Billing Contact:
Address:
Address:
City, State, Zip:
City, State, Zip:
Tel:
Tel:
Email:
Email:
SITE:
Address:
City, State, Zip:
Customer Signature:
*TO ENSURE WE HAVE ALL THE CORRECT INFORMATION, PLEASE COMPLETELY FILL OUT THE ORDER INFORMATION
ABOVE!!
Page 2 of 2
`
Remit to:
Game Time
Invoice
PO Box 680121
Page 1 of 1
A pLAyCORE c�Wr
Fort Payne, AL 35968
Invoice number PJI-0102627
Customer no 0001_ 4342
150 PlayCore Dr SE, Fort Payne, AL 35967
Invoice date 12/11/2018
Customer PO
www.gametime.com
Payment terms Net 30 days
Reference 1811064.6
(256) 845-5610 * (800) 633-2394
Date shipped 11/29/2018
Sold to:
Ship to :
City of Palm Desert
City of Palm Desert
73-510 Fred Waring Dr
77810 California Dr.
PALM DESERT, CA 92260
Joe Mann Park
Palm Desert, CA 92211
Original Order No: 8332317
Project Name Joe Mann Change order 1
Sales Group: Great Western Park &
Playground -CA
Cataloq No Description
Qtv Unit price Amount
Installation BOND
1.00 3,670.000 3,670.00
Sub total
3,670.00
Total
3,670.00'
Sales subtotal
amount Sales tax
3,670.00 0.00
INVOICE TOTAL DUE USD $3,670.00
CONCEALED SHORTAGES MUST BE REPORTED TO GAMETIME WITHIN 60 DAYS OF RECEIPT OF MERCHANDISE.
CONDITIONS:
TITLE TO THIS MERCHANDISE PASSES TO BUYER WHEN SELLER DELIVERS GOODS TO CARRIER
Please note that GAMETIME is a material supplier only and therefore not subject to payment retainage. Shipment of goods which appear on this invoice
constitutes completion of this contract by GAMETIME. Payment in full is required within the agreed terms stated on this invoice. Warranty claims and back
charges may not be deducted from contract payments without prior approval of GAMETIME customer service personnel.
Seller hereby certifies, to the best of its knowledge, information and belief, that its selling price does not exceed the maximum price permissible under any
prevailing applicable law or regulation. Seller agrees to refund any amounts paid by Buyer which are subsequently determined to be in excess of such maximum
price.
We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as
amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.
Tell me about your experience.
Call me at 256-997-5308 or
email at SpencerC@GameTime.com
Spencer Cheak
Group President
Landscape Services Division
LMA: Location:
Acct No:
Description:
ApprovEjd for Payment By:
Ordered By Approved By / Date
CITY OF PALM DESERT
CONTRACT CHANGE
ORDER
Contract Purpose Joe Mann Park Inclusive Playground Installation
Consultant's Name Great Western Recreation, LLC
Address: 975 S. Hwy 89-91, Logan, UT 84321
Contract # / P.O. # C37620 P 114348
Change Order No. 1
Contingency: kYES I NO
Account No. 1104618-4400100
Project No. 925-19
Vendor No. V0014219
You are hereby requested to comply with the following changes from the contract plans and specifications:
DESCRIPTION OF CHANGES DECREASE INCREASE
In Contract Price In Contract Price
Bond Premiumn $3,670.00
Engineered Wood Fiber 9,235.10
TOTALS:
NET CHANGE IN CONTRACT PRICE:
12,905.10
12,905.10
JUSTIFICATION:
Bond were not required in the original quote and removal of more costly poured -in -place rubber surface must
be replaced with ADA compliant engineered wood fiber product.
Less: Emend. & Enaarrb. To Date. - 215,719.00
Less: This A. , u tit , u (L Amount: - 12,905.10
BALANCE CF BUDG-ET
FEK44 MNG FCR PRQIECT (12,905.10)
The amount of the Contract will be increased by the Sum of: Twelve Thousand Nine Hundred Five dollars and
10/100
Contract C37620 Contract Change Order No. 1 Continued from front
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish
equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump
sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner.
Contract Time Extension 0 Days
Revised Contract Total $228,624.10
The undersigned Contractor approves the foregoing Change Order No. 1 as to the changes, if any, in the contract
price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change
in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change
Order No. 1 . The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive
of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This
document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change
Order shall be effective when approved by the Owner.
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies,
waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of
or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect
costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and
all consequential damages.
This document will become a supplement to the Contract and all provisions will apply hereto, all items included above
must have required signatures as per the purc ase resolution.
1. REQUESTED BY: 2. ACCEPTED BY:
OM GARCIA, P.E. -1a
PUBLIC WORKS DIRECTOR CONTRACTOR Date Accepted
3. CERTIFIED
FUNDS AVAILABLE:
JANET MOORE
FINANCE DIRECTOR
NOTE: No payments will be made prior
to City Manager and Council approval
4. APPROVED BY:
LAURI AYLAIAN Date Approved
CITY MANAGER
CITY OF PALM DESERT
CONTRACT CHANGE
ORDER
Contract Purpose Joe Mann Park Inclusive Playground Installation
Consultant's Name Great Western Recreation, LLC
Address: 975 S. Hwy 89-91, Logan, UT 84321
Contract # / P.O. # C37620 P114348
Change Order No. h 1
Contingency: YES) I NO
Account No. 1104618-4400100
Project No. 925-19
Vendor No. V0014219
You are hereby requested to comply with the following changes from the contract plans and specifications:
DESCRIPTION OF CHANGES DECREASE INCREASE
In Contract Price In Contract Price
Bond Premiumn $3,670.00
Engineered Wood Fiber 9,235.10
TOTALS:
NET CHANGE IN CONTRACT PRICE:
12,905.10
12,905.10
JUSTIFICATION:
Bond were not required in the original quote and removal of more costly poured -in -place rubber surface must
be replaced with ADA compliant engineered wood fiber product.
_ss: Ex•a • & Eryurb. To Dder 215,719.00
MANCE CF BUDGEr
FEMAINNG FOR PFCJEC;T (12,905.10)
The amount of the Contract will be increased by the Sum of: Twelve Thousand Nine Hundred Five dollars and
10/100
Contract C37620 Contract Change Order No. 1 Continued from front
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish
equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump
sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner.
Contract Time Extension 0 Days
Revised Contract Total $228,624.10
The undersigned Contractor approves the foregoing Change Order No. 1 as to the changes, if any, in the contract
price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change
in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change
Order No. 1 . The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive
of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This
document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change
Order shall be effective when approved by the Owner.
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies,
waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of
or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect
costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and
all consequential damages.
This document will become a supplement to the Contract and all provisions will apply hereto, all items included above
must have required signatures as per the purchase resolution.
REQUESTED BY:---- /L
TOM GARCI'A, P.E.
PUBLIC WORKS DIRECTOR
CERTIFIED
FUNDS AVAILABLE:
JANET MOORE
FINANCE DIRECTOR
NOTE: No payments will be made prior
to City Manager and Council approval
2. ACCEPTED BY:
CONTRACTOR
4. APPROVED BY:
LAURI AYLAIAN
CITY MANAGER
]-&LI-Ir
Date Accepted
Date Approved
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
To: Lauri Aylaian, City Manager
From: Cora L. Gaugush, Management Specialist II
Date: May 10, 2019
Subject: Approve Change Order No. 2 for the Joe Mann Park Playground
On September 27, 201 B, City Council approved a contract in the amount of $215,719,
with a 20'0/6 contingency, with Great Western Recreation, LLC (Great Western) for the
removal of existing playground equipment at Joe Mann Park and the installation of new
inclusive equipment.
On January 9, 2019, Change Order No.1, in the amount of $3,670 for statutorily
required bonds for the above -mentioned project was approved.
Due to the fact the City donated the existing equipment to Father's Heart Ranch, the
work for demolition for was performed by others, and there is a credit for this line item.
On March 27, 2019, Great Western submitted Change Order No. 2 indicating a credit of
$2050.00. Great Western is requesting the City acknowledge Change Order No.2., and
the total contract amount reduction.
Staff recommends the City Manager execute Change Order No. 2. A Notice of
Completion
Tom Garcia, P.E.
Director of Public Works
/cIg
Review and Concur:
145tuun Aylaian
City Manager
G 4-,&Wa'kdPROJEGTSV&10 Joe Mardi Park PA,proW4 ImpmonwtWcmempoWKeo imw4ontWTo1 PAs10 M6M0 to CMr M&h&o•r-Mvm'+4 Ca 2.ex
GREAT WESTERN
From: Great Western Recreation
975 S State Hwy 89
Logan, LIT 84321
435.245.5055
Change Order Date: 3-27-19
Change Order:002
Project: Joe Mann
Original Quote Amount: $ 215,178.31
Total Previous Change Orders: $ 12,905.10
Total Before This Change Order: $ 228,083.41
Amount of this Change Order: $-2050.00
Revised Amount: $ 226,033A1
To: City of Palm Desert
73510 Fred Waring Dr.
Palm Desert, CA 92260
Original Quote #95103
CO #1 Quote 496040
The Original Agreement is hereby modified and amended by the following deviations from the original
plans and specifications:
Change Order Request #002
It is mutually agreed that for such change the contract price is decrease by two thousand and fifty -
dollars and 00/100 ($2,050.00), payable with the payments due under the original agreement. All other
provisions of the original quote and agreement shall remain in full force and effect without change
because of the above deviations. Except as amended herein, all terms, covenants, and conditions of the
Original Agreement shall remain in full force and effect.
Reason for Change Order #002
Demo and Remove playground equipment were not provided, the cost for this was $4120.00 but we
need to provide and install rebar cages for shade structure and demo and Remove concrete access point
for a cost of $2050.00. Taking the original demo and removed of playground cost and subtracting the
additional cost will result in decreasing the contract amount of this line item to a total of $2070.00
GameTime C/O Great Western Recreation
Printed Name: Shellece Gunnell
Title: Chief PoeratineOffiAA�}ce(
Aj�/�n a D
Signature
Date: _ 77-t4
Printed Name:
Title:
Signature.
Date: --JfJ, �� I
To be recorded with the Riverside County Recorder
within 10 days after completion and acceptance by
the City Council. NO RECORDING FEE PER
SECTION 6103 OF THE GOVERNMENT CODE.
When recorded, return to:
Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
APN 637-062-010
NOTICE OF COMPLETION
(Cal. Civ. Code § 3093 — Public Works)
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY
OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State
of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260.
2. That the full name and address of the owner of said interest or estate is set forth in the preceding
paragraph.
3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE.
4. That on the23rd day of May. 2019, work of improvement described as the Installation of inclusive
Plavqround Equipment at Joe Mann Park, Project No. 925-19Contract No.C37620, on the real property herein
described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: Great Western
Recreation, LLC, 975 S. Highway 89-91, Logan, Utah, 84621.
6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside,
State of California, and is described as: 77810 California Avenue, Palm Desert, California 92211.
Date:
STATE OF CALIFORNIA }
} ss
COUNTY OF RIVERSIDE }
CITY OF PALM DESERT
A MUNICIPAL CORPORATION
By:
Susan Marie Weber, Mayor
I hereby certify that I am the City Clerk of the governing board of the CITY OF PALM DESERT, CALIFORNIA, the political subdivision
which executed the foregoing Notice and on whose behalf I make this verification: That I have read said Notice, know its contents, and
that the same is true. I certify under penalty of perjury that the foregoing is true and correct.
Executed at Palm Desert, California, on this day of 20
RACHELLE D. KLASSEN, CITY CLERK
Rev. Sept 2016
J
- 11111111111111111111111111111111111! 11111111 I1111111 I111 �
on
WOODHAVEN DR S
11111 Ilil 1! 1111111111 I 11111[fill 1111Kin
1! 11111111 i 111 Il li 1111 I t�
HOVL-EY-L-N-C
MICHIGAN DR
I I I
0
Date: 2018
LOCATION
I
�C
o
L6
aj
A VENUE OF THE STATES
ti
---DUDLEY-=\
DR
I t l I l r�
j HIDDEN RIVER-RD
Joe Mann Park
Playground EquipmentLTC)
VICINITY MAP