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HomeMy WebLinkAboutC27950A NOC CO1 Intersection Improvements at Frank Sinatra 572-08Contract No. C27950A CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C27950A AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION FOR THE PORTOLA AVENUE AT FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS (PROJECT 572-08) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: H & H General Contractors, Inc. PO Box 536 Highland, California 92346 DATE: February 9, 2012 CONTENTS: Change Order No. 1 Notice of Completion Vicinity Map Recommendation By Minute Motion: 1. Approve Change Order No. 1 to Contract No. C27950A in the amount of $38,816.39 for the Portola Avenue at Frank Sinatra Drive Intersection Improvements; 2. Authorize the transfer of $38,816.39 from contingency to base; 3. Authorize the Mayor to execute said Change Order No. 1; and 4. Accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. C27950A. Background On January 13, 2011, City Council awarded Contract No. C27950A for the construction of the Portola Avenue at Frank Sinatra Drive Intersection Improvements to H & H General Contractors, Inc., in the amount of $3,931,371.00. At that time, a 10 percent construction contingency was set aside in the amount of $393,137.00. Staff Report Approve Change Order No. 1 (Contract C27950A) February 23, 2012 Page 2 of 2 The project consisted of widening Portola Avenue and improving traffic flow, drainage, pedestrian access, safety, and aesthetics at the intersection of Portola Avenue and Frank Sinatra Drive. The project replaced a four-way stop at the intersection with a traffic signal. Drainage issues at the intersection were also mitigated. Work began on April 4, 2011. During construction, utility conflicts necessitated modification of a portion of the storm drain facilities. In addition, field conditions differing from those shown on the plan were discovered resulting in an increase in the amount of material required for various improvements. Staff has verified all of these unforeseen conditions and believes all of the items to be necessary for the safety of the public. The percent of change in the original contract price is less than one percent. The traffic signal was turned on December 4, 2011, substantially completing the project. H & H General Contractors, Inc., has completed all the improvements within the allotted contract time. Staff has inspected the work performed by the contractor and has found said work to be complete and in accordance with the contract requirements. Fiscal Analysis The initial contract amount was $3,931,371.00. This change order will increase the contract amount to $3,970,187.39. The improvements constructed under this change order are well within the budgeted contingency amount. There are no other fiscal impacts associated with this action. Prepared By: Bo Chen, P.E. City Engineer Paul S. Gibson, Director of Finance Approval: Jph� M. Wohlmuth, City Manager Depa Mark Gfeefiwood, Direct r of Public CITY COUNCIL APTION APPROVED DENIED RECEIVED OTHER MEETING DAT AYES: P' NOES: ABSENT:,L ABSTAIN: A �L VERIFIED BY:- k' UK 1022S Original on File with City CYerk's Office CITY OF PALM DESERT Contract # / P.O. # CONSTRUCTION CHANGE ORDER Change Order No. Contingency: Portola Avenue at Frank Sinatra Drive Intersection Contract Purpose Improvements (572-08) Account No. Consultant's Name H & H General Contractors, Inc. Project No. Address: Box 536 Vendor No. Highland, CA 92346 C27950A 1 UYEQ NO 213-4548-433-4001 572-08 12436 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 Overage in Bid Item Quantities $37,351.54 Headwall Railing 8,940.00 Auto Retractable Screen in lieu of Basket 2,600.00 Slurry at Median Island on Frank Sinatra 683.66 Repair of Existing Crossgutter at Shepherd Lane 3,734.07 Restock Fee for Pipe Exhanged Due to Utility Conflict Redesign 4,802.87 Credit in some bid items (19,295.75) TOTALS: NET CHANGE IN CONTRACT PRICE: 38,816.39 38,816.39 JUSTIFICATION: During the course of the project a drainage hazard was identified at the Haystack Channel. Due to the large volume of stagnant water and the mosquito infected with West Nile Virus in close proximity the City Manager authorized the construction of the underground water retention system. TOTAL BUDGET FOR PROJECT: + $3,931,371 Less: Expend. & Encumb. To Date: - $3,931,371 Less: This Change Order Amount: $38,816 BALANCE OF BUDGET REMAINING FOR PROJECT:(38,816.39)11 CONTINGENCY: Amount Approved by Council: + $393,137 Less: Prior Change Order(s): - $0 Less: This Change Order: - $38,816 Balance Remaining of Contingency: 354,320.61 The amount of the Contract will be increased by the Sum of: Thirty -Eight Thousand, Eight Hundred Sixteen dollars and 39/00 ($38,816.39). G:\PubWorks\Staff Reports\2012\February 9\03 C01 and NOC for Portola Avenue and Frank Sinatra P572-08\Contract Change Order No 1 572-08.docx See reverse Contract C27950A 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 $3,970,187.39 The undersigned Contractor approves the foregoing Change Order # 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 # 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. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONTRACTOR Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR ROBERT A. SPIEGEL, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved G:\PubWorks\Staff Reports\2012\February9\03 C01 and NOC for Portola Avenue and Frank Sinatra P572-08\Contract Change Order No 1 572-08.docx See reverse 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 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 IN FEE 4. That on the 9th day of February, 2012, a work of improvement described as the Portola Avenue at Frank Sinatra Drive Intersection Improvements (Project 572-08) Contract No. C27950A on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: H & H General Contractors, Inc., P.O. Box 536, Highland, California, 92346. 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 38000 Portola Avenue and 74200 Block of Frank Sinatra Drive. CITY OF PALM DESERT Dated STATE OF CALIFORNIA } } ss COUNTY OF RIVERSIDE } By: Robert A. Soieael. Mavor 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. Oct 02 i T. .1-1-1 iJ t v�k i t jfl, .1 jI i1� II = a FRANK SINX TkA •DR., I �. 4 N. i. c . •.. t 4a4 3 { -•� i 1" = 250' rjmwy+bm PORTOLA AVE. AND FRANK SINATRA DR. PROPOSED IMPROVEMENTS VICINITY MAP DECEMBER 1, 2009