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Home My WebLink AboutC25570A - CO7 & NOC - AD 2004-02 (627-05)CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Approve Change Order No. 7, Accept the Work as Complete, and Authorize the Filing of the Notice of Completion for Contract No. C25570A for Assessment District 2004-02 (Project 627-05) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Skanska Civil USA West (formerly Yeager-Skanska, Inc.) 1995 Agua Mansa Road Riverside, California 92509 DATE: May 7, 2009 CONTENTS: Change Order No. 7 Notice of Completion Vicinity Map Recommendation: By Minute Motion: 1. Approve Change Order No. 7 to Contract No. C25570A with Skanska Civil USA West for the construction of Assessment District 2004-02 in the amount of $ 82,532.15; and 2. Authorize the Mayor to execute the same. 3. Accept the work as complete for Contract C25570A for the Assessment District 2004-02 Project; and 4. Authorize the City Clerk to file the Notice of Completion. Funds are available in Account No. 469-4350-433-4001, Assessment District 2004-02. No General Fund money is being used for this expenditure. Discussion: On April 26, 2007, City Council awarded the construction contract for the infrastructure of Assessment District 2004-02 (Section 29) to Yeager-Skanska, Inc., in the amount of $14,470,270.58. Construction on Assessment District 2004-02 began on July 25, 2007, and is now substantially complete. Staff Report Approve CO # 7 and File NOC for C25570A 627-05 Page2of2 May 7, 2009 Six contract change orders have previously been approved for this project. The total contract change order value to date is $480,264.50, or 3.32% of the contract value. Change Order No. 7 consists of three different items involving changes in field conditions, design modification, and asphalt price fluctuation. The changes, as summarized below, incorporate additional, unanticipated work for removal of existing sewer infrastructure for the I-10 sewer crossing, contractor compensation for significant price index fluctuation for paving asphalt, and contract credit for deletion of temporary irrigation and landscape components for the project retention basin. After approval of this change order, the total contract price will be $15,033,067.23. A recap of the items follows: � Additional Price Index Fluctuation � I-10 Sewer Crossing Additional Removals � Deletion of Retention Basin Irrigation and Landscape Total $121,709.84 3,488.23 (42,665.92) $ 82,532.15 The Public Works Department has inspected the work perFormed by the contractor and has found said work to be complete and in accordance with the contract requirements. Therefore, staff recommends that City Council approve Change Order No. 7 to Contract No. C25570A with Skanska Civil USA West (formerly Yeager-Skanska, Inc.), in the amount of $82,532.15, authorize the Mayor to execute the same, accept the work as complete, and authorize tl�e City Clerk to file the Notice of Completion. Depa r�ier+t Head: Mark Gree wood, P.E. Director of Public Works Approvals: ,, . ..✓-�/� / �,..-�;---,%.� �Homer Croy � ACM for Development Services � J . �hlmuth i Manager clg CiTY COUNCIL�C'TION APPROVED DF,NiF,D RECEtVED OTHER MEET NG DA �" � � �� AYES l�1171. �LSth'l��i_ �(f *,.,}�� c.0 �c�l�pi��21 Nors: N��r�w —r ARSF.NT: N!`�"►�' AI3STAI : �n� � - VERIF � Y: ��K� Origin o � e h Citv Clerk's ce Paul S. Gibson Finance Director �ITY OF FALM D�S�RT CONSTRUC�IflN C��ANGE O�tD.�R Contract Purpose Section 29 Assessment District Consultant's Name Skanska Civil USA West address: 1995 Agua Mansa Road, Riverside, California 92503 Contract # � P.o. C25570A 14156 # Change Order 7 No. Contingency: YES � NO I Account No. � 4 504334001 � Project No. I 627-05 I Vendor No. I I You are hereby requested to comply with the following changes from the contract plans and specifications: DECREASE INCREASE In Contract Price In Contract Price Asphalt Concrete Price Index Fluctuation $121,709.84 I-10 Sewer Crossing Revision ( Additional work i.e. exisiting removals 3,488.23 and fees) Deletion of Retention Basin Landscape Component $42,665.92 TOTALS: 42,665.92 125,198.07 NET CHANGE IN CONTRACT PRICE: 82,532.15 JUSTIFICATION: Additional, unanticipated work for removals of existing sewer infrastructure for the I-10 Sewer Crossing was required. This amount includes contractor compensation for significant price index fluctuation for paving asphalt and a contract credit for deletion of temporary irrigation and landscape components for the project retention basin. TOTAL BUDGET FOR PROJECT: Less: Expend. & Encumb. To Date: Less: This Change Order Amount: BALANCE OF BUDGET REMAINING FOR PROJECT: + 14,950,535.08 - 14,950,535.08 - 82, 532.15 (82,532.15) CONTINGENCY: Amount Approved by Council: Less: Prior Change Order(s): Less: This Change Order: Balance Remaining of Contingency u 1,447,027.06 � 1,447,027.06 480,264.50 82,532.15 884,230.41 The amount of the Contract will be Increased by the Sum of: Eiqhtv-eiaht thousand Five hundred thirtv-two dollars and 15/00 Dollars ($82,532.15). .�_ 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 N/A Days Revised Contract Total $15,033,067.23 The undersigned Contractor approves the foregoing Change Order # 7 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 # 7. 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: DEPARTMENT HEAD 3. CERTIFIED FUNDS AVAILABLE: FINANCE DIRECTOR NOTE: No payments will be made prior to City Manager and Council approval 2. ACCEPTED BY: CONTRACTOR Date Accepted 4. APPROVED BY: ROBERT A. SPIEGEL, MAYOR CITY MANAGER Date Approved Date Approved 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 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 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 the 7th day of Mav, 2009, a work of improvement described as Assessment District 2004-02 within the City of Palm Desert and as shown on Exhibit "A" attached and made a part hereof on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: Skanska Civil USA West. 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: shown on Exhibit "A" attached and made a part hereof. CITY OF PALM DESERT Dated By: Robert A. Spiegel, Mayor STATE OF CALIFORNIA } } ss COUNTY OF RIVERSIDE } 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 Rev Oct 02 RACHELLE D. KLASSEN, CITY CLERK Assessment District 2004-02 Exhibit "A" Water Line, Storm Drain and Roadway Improvements Street Name From To Portola Avenue Gerald For Drive Dinah Shore Drive Dinah Shore Drive Portola Avenue Monterey Avenue Monterey Avenue Dinah Shore Drive Gerald Ford Drive Gerald Ford Drive Monterey Avenue Portola Avenue 35th Avenue Monterey Avenue Dinah Shore Drive Gateway Drive Dinah Shore Drive Gerald Ford Drive A Street Monterey Avenue Gateway Drive B Street Gateway Drive C Street C Street B Street 35th Avenue Interstate 10 Sewer Crossing Interstate 10 PM 45.7 �Monterey Avenue �Cook Street North ♦ � � > c � � � � �. � � � 3aTH A'a�� G � -,� m � rn -e v � m ��ERA�CS fi3RCf C7R� � C � -� � � t. VICINITY MAP ASSESSMENT DISTRICT 29 Project 627-05