HomeMy WebLinkAboutC29400 A-C Notice of Completion Palm Desert Aquatic Center (PDAC) 722-10 - Joint ConsiderationContracts No. C29400, C29400A, &C29400C
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT/PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: APPROVE CHANGE ORDERS, REQUEST FOR ACCEPTANCE
OF WORK, AND AUTHORIZE THE CITY CLERK TO FILE A
NOTICE OF COMPLETION FOR THE PALM DESERT AQUATIC
CENTER (PROJECT NO. 722-10)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: January 12, 2012
CONTENTS: Change Order No. 2 — Gould Evans Associates (C29400)
Change Order No. 1 — ASR Constructors, Inc. (C29400A)
Change Order No. 1 — Converse Consultants (C29400C)
Notice of Completion (C29400A)
Recommendation
By Minute Motion:
1. Approve Change Order No. 2 to design Contract No. C29400
with Gould Evans Associates in the amount of $40,000.00 as a
credit for the Palm Desert Aquatic Center Project;
2. Approve Change Order No. 1 to construction Contract No.
C29400A with ASR Constructors, Inc., in the amount of
$202,127.32;
3. Authorize the transfer of $202,127.32 from contingency to base;
4. Approve Change Order No. 1 to material testing Contract No.
C29400C with Converse Consultants in the amount of
$11,700.00;
5. Authorize the transfer of $5,380.00 from contingency to base
and appropriate $6,320.00 from Account No. 851-4549-454-
4001;
6. Authorize the Mayor to execute subject Change Orders; and
7. Accept the work as complete and authorize the City Clerk to file
a Notice of Completion for Contract No C29400A.
Staff Report
Approve Change Orders and File NOC
January 12, 2012
Page 2 of 3
Funds for this project are in Account No. 851-4549-454-4001, Project Area 2 Aquatic
Facility Capital Budget. No General Fund money is being used for this expenditure.
Background
On December 10, 2009, the City Council approved a design contract (C29400) with
Gould Evans Associates in an amount of $992,700.00 for design and construction
support services. On June 24, 2010, the City Council approved Amendment No.1 with
Gould Evans Associates in an amount of $23,600.00 for additional design services.
During construction, staff decided to perform some of the construction support services
in house instead resulting in a savings of $40,000.00.
On September 9, 2010, the City Council awarded the construction contract (C29400A)
to ASR Constructors, Inc., in the amount of $7,769,000.00 for the construction of the
Aquatic Center. During construction, unforeseen conditions were encountered and
revisions were made to complete the project in accordance with the plans and
specifications. Since a lot of the work was performed on a time and materials basis, the
contractor has now submitted a change order request that work. Staff has verified the
hours and costs associated with the various changes in the amount of $202,127.32.
On October 28, 2010, the City Council awarded a construction material testing contract
(C29400C) to Converse Consultants in the amount of $53,800.00. As mentioned
previously, unforeseen conditions (unstable soils) were encountered resulting in the
need for additional material testing services in the amount of $11,700.00.
The contractor has substantially completed the contract requirements with only a few
outstanding punch list items remaining. Typically, a Notice of Completion would not be
brought to City Council for approval until all punch list items have been addressed.
Nevertheless, upon consulting with the city attorney, staff has been advised to request
acceptance of the work as complete and authorization to file a Notice of Completion in
order to avoid potential claims by the Contractor. Therefore, staff recommends that City
Council, by Minute Motion, accept the work as complete and authorize the City Clerk to
file a Notice of Completion for the subject project.
Fiscal Analysis
The following table summarizes the total project design and construction costs, including
the change orders. The total of all change orders represent a two -percent increase over
the amount of the total of the original contracts. Also, staff performed the construction
management in house rather than hiring an outside construction manager, which is
typical for a project of this size, resulting in an additional savings of five -percent of the
construction cost.
Staff Report
Approve Change Orders and File NOC
January 12, 2012
Page 3 of 3
Contract
Original Amount
CO #1
CO #2
Contract Total
Gould Evan
Design Contract
Associates
C29400
$992,700.00
$23,600.00
-$40,000.00
$976,300.00
ASR Constructors,
Construction
Inc.
Contract C29400A
$7,769,000.00
$202,127.32
$7,971,127.32
Construction
Converse
Material Testing
Consultants
Contract C29400C
$53,800.00
$11,700.00
$65,500.00
Total
$8,815,500.00
$237,427.32
-$40,000.00
$9,012,927.32
Prepared By:
Departmept lead:
Bo Chen, Pt. Mark Gr eAlic
od, P.E.
City Engineer Director f Work
Justin McCarthy, ACM Redevelopment
Approval:
n M. Wohlmuth, City Manager
r of Finance
APPROVED DEN"
RECEIVED OTHER
MEET s DATF — 4 4 &-
-J�a -
AYES:
NOES:
ABSENT:
ABSTAIN:
VERIFIED BY: PDK
Original on File with Ci rk's Office
1)444� t
BY RDA
0N.-O/-.1), Ala
VERIFIED BY
Original on file with City ";I .rk's Office
CITY OF PALM DESERT
PROFESSIONAL SERVICE AMENDMENT
Contract Purpose Aquatic Center — Design/Construction Support
Services Reduction
Consultant's Name Gould Evans Associates
Address: 3136 N. 3Rd Avenue
Phoenix, AZ 85013
Contract # / P.O. #
Amendment No.
You are hereby requested to comply with the following changes to the contract:
Contingency:
Account No.
Project No.
Vendor No.
C29400
11914
2
ES
NO
851-4549-454-4001
722-10
11914
DESCRIPTION OF CHANGE
DECREASE
In Contract Price
INCREASE
In Contract Price
1. Reduced services
TOTALS:
NET CHANGE IN CONTRACT PRICE:
$40,000.00
$40,000.00
$40,000.00
JUSTIFICATION:
The original design contractor C29400 with Gould Evans Associates includes design and limited
construction support services. During construction, staff decided to perform some of the construction support
services in house instead resulting a saving of $40,000.
TOTAL BUDGET FOR PROJECT:
+
$992,700.00
Less: Expend. & Encumb. To Date:
-
$1,016,300.00
Less: This Change Order Amount
-
($40,000.00
BALANCE OF BUDGET
$16, 400.00
REMAINING FOR PROJECT:
CONTINGENCY:
Amount Approved by Council: + $99,270.00
Less: Prior Change Order(s): - $23,600.00
Less: This Change Order: - ($40,000.00)
Balance Remaining of Contingency: $ 115,670.00
The amount of the Contract will be decreased by the Sum of: Forty Thousand Dollars ($40,000.00).
Continued on reverse ...
Contract C29400 Amendment No. 2 Continued from front
This Professional Service Amendment covers changes to the subject contract as described herein. The Consultant
shall perform all work as necessary or required to complete the Professional Service Amendment items for a not -to -
exceed price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner.
Contract Time Extension: None Days.
Revised Contract Total: $ 976,300.00.
The undersigned Consultant approves the foregoing Professional Service Amendment # 2 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 Professional Service Amendment # 2. The Consultant 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 Professional Service Amendment items. This document will become a supplement of the contract and
all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective when
approved by the Owner.
Execution of this Professional Service Amendment by the Consultant 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 Professional Service Amendment, whether known or unknown,
including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of
productivity, 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: 2. ACCEPTED BY:
3. CERTIFIED
FUNDS AVAILABLE:
DEPARTMENT HEAD
FINANCE DIRECTOR
NOTE: No payments will be made prior
to City Manager and Council approval
CONSULTANT Date Accepted
4. APPROVED BY:
ROBERT SPIEGEL, MAYOR Date Approved
CITY MANAGER Date Approved
Continued on reverse
CITY OF PALM DESERT
CONSTRUCTION CHANGE ORDER
Contract Purpose Palm Desert Aquatic Center
Contractor's Name ASR Constructors, Inc.
Address: 5230 Wilson Street, Riverside, CA 92509
Contract # / P.U. #
Change Order No.
Contingency:
Account No.
Project No.
Vendor No.
C29400A
j51-4a49-454-4001
1 �
You are herabv renuested to r:mmniv with thA frillnwinn rhnnnac frnm tha rnntraet n1onc onri ar%mf ir+ntinno-
DESCRIPTION OF CHANGES
DECREASE
INCREASE
(Supplemental Plans Specifications, and Directives dated Attached
In Contract Price
in Contract Price
Replaced unstable soil, changed water line, revised gas service, revised
$202,127.32
electrical, relocated fire sprinkler pipes, relocated palm trees, revised
exterior planter walls, added interior glass wall detail, added duckwork
and modified some miscellaneous items (see attached detail).
TOTALS:
-
202127.32
NET CHANGE IN CONTRACT PRICE:
202,127-32
JUSTIFICATION:
This additional work is resulted from unforeseen conditions and revisions that were required to complete the
project In accordance with the plans and specifications. The contractor performed the work on a time and
materials basis and staff has now confirmed the hours and costs associated with the various changes in
scope.
TMALBIEGErFOR PROEM + 7,769,000.00 CONTINGENCY: 776900.00
Less: E)pand. &Bicurrb. To CEte: 7,769,000.00 ArnotntApproved byCot. I: + 776,900.00
Less: Tiffs Chax CYd AtT,otrn - 202,12732 Less: RiQCharge Crder(sr - -
BALANCE CFBLCGEr I 'MsCha *'Oxbr 2OZ12732
REMAINNG F OR PFUELT: 2QQ 127.32) Warm %Td2!M of 22!VMM. 574 772-68
The amount of the Contract will be Increased by the Sum of: Two Hundred and Two Thousand, One Hundred
Twenty -Seven and 32/100 Dollars ($ 202,127.32).
Contract C29400A Change Order No. 1 Final 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.
Revised Contract Completion Date: January 12"'. 2012
Revised Contract Amount: $7, 971,127.32
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 change order #1 is also the final change order. The execution of this final Change Order will constitute full and
final paymentltime adjustment for the project. The City will waive its right for the Liquidated Damage but there shall be
no incentives granted to the Contractor. In addition, the Contractor agrees to file no claims of any nature against the
City upon execution of this final Change Order.
This document will become a supplement to the Contract and all provisions will apply
must have required signatures as per the purchase resolution.
1. 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:
4. APPROVED BY:
items included above
MIA31G/
ROBERT SPIEGEL, MAYOR Date Approved
CITY MANAGER Date Approved
PALM DESERT AQUATIC CENTER PROJECT FINAL CHANGE ORDERS
Original Contract Completloin Date: 5/6/2011 Grand Opening hate: 6/25/2011
COR
Date Reg.
Decri on
rrnrsn Dan"
6 2oli?
Amount
Re g:
Cltv
1
11 6/10
Soli Replacement at bldg due to poor soil condition
Yes
$64,295.05
$64,295.05
2
• 12/26/10
Change water line from 2" to 3" sch 80
Yes
$3,184.44
$3,184.44
3
22/17/10
intercept encased i" conduit - Approx. 45 feet T & M
Vold
Void
Void
4
12/17/10
Intercept encased 1" conduit - Approx, 60 feet T & M
Void
Void
Void
5
01/25/11
Change to Penco Lockers
Yes
$2,850.76
$2,732.96
6
01/25/11
PR-003 Revised gas service to building
Yes
$8,994.29
$8,622.63
7
02/28/11
PR-004 TWG changes
Yes
$12,666.34
$12,666.34
8
02/08/11
PR-001 Add semi -recessed towel dispensers
Yes
$1,162.41
$1,162.41
9
02/09/11
Delete weed kill and prime coat at asphalt
Yes
-$3,750.00
-$3,750.00
10
02/26/11
PR-002 Sink counter change room ASK 14 & 15
Void
Void
Void
11
02/26/11
PR-005 Power to sink S-2 (Ske-9 thru ske-11)
Yes
$1,044.00
$1,044.00
12
07/22/11
Eliminate the heel of the concrete floor at lap pool
Yes
-$5,835.04
-$5,835.04
13
02/26/11
Add 3/4" of shortcrete to shallow end of lap pool
Yes
$793.73
$793.73
14
03/15/11
PR-006 Change shower type SH-1 to SH-2 in 108 & 112
Yes
$3,074.00
$3,074.00
15
07/22/11
MG Elect. T & M sheets
Yes
$6,280.51
$6,28051
16
07/22/11
MG Elect. Delta 6 sheet ES100
Yes
$12,876.00
$12,876.00
17
07/22/21
MG Elect. Delta 7 E sheet dated 5/12/11
Yes
$2,088.OD
$2,088.00
18
07/22/11
MG Elect. Delta 8 Sheet E100
Yes
$5,602.80
$5,602.80
19
07/22/11
MG Elect. Type D fixture
Yes
$2,359.44
$2,359.44
20
07/22/11
Globe Tech - PR 008 Seismic Separator
Yes
$4,017.60
$4,017.60
21
07/22/11
Relocate fire sprinkler piping branch line
Yes
$3,416.32
$3,416.32
22
07/22/11
Tandem West ASK 023 - ASK 034
Yes
$12,656.34
$12,66634
23
07/22/11
Tandem West ASK 040-046
Yes
$10,444.64
$10,444.64
24
07/22/11
Streamline - ASi N018
Yes
$4,194.56
$4,19456
25
07/22/11
Riccardi Floor add base at room 116
Yes
$203,00
$203.00
26
07/22/11
AV Comm scope changes per fire and So C
Yes
-$8,108.64
-$8,108.64
27
07/22/11
TS Steel ASK 006R2 chgs/bollard base changes
Yes
$6,022.72
$6,022.72
28
07/22/11
Superior wall - RFI 018 add Type C4 wall
Yes
$4,111-04
$4,111.04
29
07/22/11
Superior wall - ASK 18/PR 004
Yes
$6,94956
$6,949.56
30
07/22/11
Superior wall - PR 009
Yes
$14,638.04
$14,638.04
31
07/22/11
Superior wall - PR 010
Yes
$5,448.52
$5,448.52
32
07/22/11
Superior wall - PR 009 supplemental
Yes
$5,715.32
$5,715.32
33
07/22/11
Remove portion of concrete walls
Yes
$17,228.92
$17,228.82
34
07/22/11
Palm tree demo/relocation
Yes
$16,948.76
$16,948.76
35
09/06/12
Add restrictor panels at concession windows
No
$1,147.24
$1,147.24
36
09/06/11
HVAC Discharge duckwork screen
No
$377.00
$377.00
37
Add Sommer spring hinges to gates
No
$1,509.21
$1,509.21
38
Credit for not installing the viewing well
-$22,ODD.00
Total: $224,616.78 $202,127.32
Amount of Project Rual Change Orders: $202,12732
CITY OF PALM DESERT Contract # / P.O. #
PROFESSIONAL SERVICE AMENDMENT Amendment No.
Contingency:
Contract Purpose Aquatic Center- Additional Material Testing Services Account No.
Consultant's Name Converse Consultants Project No.
Address: 10391 Corporate Drive, Redlands, CA 92374 Vendor No.
You are herebv reauested to comDly with the followina chanaes to the contract:
C29400C
1
ES
NO
851-4549-454-4001
722-10
DESCRIPTION OF CHANGE
DECREASE
In Contract Price
INCREASE
In Contract Price
1. Reduced services
TOTALS:
NET CHANGE IN CONTRACT PRICE:
$11,700.00
$11,700.00
11
$11,700.00
JUSTIFICATION:
Unforeseen unstable soils were encountered causing additional material testing services needed in the
amount of $11,700 from Converse Consultants.
TOTAL BUDGET FOR PROJECT: + $53,800.00 CONTINGENCY:
Less: Expend. & Encumb. To Date: - $53,800.00 Amount Approved by Council: + $5,380.00
Less: This Change Order Amount - $11,700.00 Less: Prior Change Order(s): $11,700.00
BALANCE OF BUDGET ($11,700.00) Less: This Change Order: -
REMAINING FOR PROJECT: I I I Balance Remaining of Contingency. 1 1$ (6,320.00)
The amount of the Contract will be increased by the Sum of: Eleven Thousand and Seven Hundred Dollars
($11,700.00).
Continued on reverse
Contract C29400C Amendment No. 1 Continued from front
This Professional Service Amendment covers changes to the subject contract as described herein. The Consultant
shall perform all work as necessary or required to complete the Professional Service Amendment items for a not -to -
exceed price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner.
Contract Time Extension: None Days.
Revised Contract Total: $ 65,500.00.
The undersigned Consultant approves the foregoing Professional Service Amendment # 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 Professional Service Amendment # 1. The Consultant 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 Professional Service Amendment items. This document will become a supplement of the contract and
all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective when
approved by the Owner.
Execution of this Professional Service Amendment by the Consultant 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 Professional Service Amendment, whether known or unknown,
including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of
productivity, 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: 2. ACCEPTED BY:
CERTIFIED
FUNDS AVAILABLE:
DEPARTMENT HEAD
FINANCE DIRECTOR
NOTE: No payments will be made prior
to City Manager and Council approval
CONSULTANT Date Accepted
4. APPROVED BY:
ROBERT SPIEGEL, MAYOR Date Approved
CITY MANAGER Date Approved
Continued on 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 12th day of January , 2012, a work of improvement described as the Palm Desert
Aquatic Center, 73751 Magnesia Falls Drive, Palm Desert, CA, 92260, Project No. 722-10, Contract No.
C29400A on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: ASR Constructors,
Inc., 5230 Wilson Street, Riverside, CA 92509.
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 a portion of Assessor's Parcel Number 622-250-001.
Dated
CITY OF PALM DESERT
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
RACHELLE D. KLASSEN, CITY CLERK
Rev. Oct 02