HomeMy WebLinkAboutR28590 - CO1 - Rnvtn of the MV Course @ DWGRPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. R-28590
(EARTH SCULPTURES) IN THE CUMULATIVE AMOUNT OF
$42,597.34 FOR ADDITIONAL LAKE EDGE MODIFICATIONS, RAKE
CADDIE RENOVATIONS, REMOVAL OF FIRECLIFF HOLE NO. 11
BUNKER, ADDITIONAL BUNKER DRAINAGE AND A (5) FIVE
CALENDAR DAY TIME EXTENSION FOR THE DESERT WILLOW
MOUNTAIN VIEW COURSE RENOVATION PROJECT
SUBMITTED BY: HEATHER BUCK, PROJECT COORDINATOR
CONTRACTOR: EARTH SCULPTURES
38-207 N. PRIMROSE LN.
INDIO, CA 92203
DATE: SEPTEMBER 10, 2009
CONTENTS: CHANGE ORDER NO. 1 TO CONTRACT NO. R-28590
LAKE EDGE MODIFICATION PHOTOS
RAKE CADDIE PHOTO
COURT ORDER REGARDING FIRECLIFF HOLE NO. 11
FIRECLIFF HOLE NO. 11 MAP
BUNKER DRAINAGE PHOTO
Recommendation:
By Minute Motion, that the Agency Board:
Approve Change Order No. 1 to Contract No. R-28590 with Earth
Sculptures, in the cumulative amount of $42,597.34 for items not included in
the original contract;
2. Approve a (5) five calendar day time extension to the contract with a revised
completion date of October 2, 2009;
3. Authorize the Chairman to execute the said documents; and
4. Authorize the Finance Director to transfer $42,597.34 from contingency to
base. Funds are available in Account No. 851-4663-454-4001.
Staff Report
Approve Change Order No. 1 to Contact No. R928950 - Mountain View Golf Course
Renovation
Page 2 of 5
September 10, 2009
Executive Summary:
The Desert Willow Mountain View Course Renovation consists of the renovation of all 18
greens, greenside bunkers, fairway bunkers, and the restoration of all lake edges at the
Mountain View Golf Course. The project is 95 percent complete. Approval of staff's
recommendation will authorize Change Order No. 1 in the cumulative amount of $42,597.34 for
additional lake edge modifications, rake caddie renovations, removal of a bunker on hole no. 11
at the Desert Willow Firecliff Course due to a Court Settlement Agreement (see attached),
additional bunker drainage and a (5) five calendar day time extension. The proposed
modifications will improve the golf course's ease of maintenance, quality, and safety. Staff
recommends approval.
Below please find a summary table with itemized costs and credits:
DESCRIPTION COST
Lake Edge Modifications — Cobble at Lake Edges:
1,369 linear feet, 3" minus cobble, lake edge improvements (Holes no. 9 $ 15,745.90
and 11)
Rake Caddies:
Added, re -installed, and repaired to address new/modified bunkers $ 13,757.00
Desert Willow Firecliff Course - Hole No. 11:
One bunker required to be removed due to Court Settlement Agreement $ 25,206.55
Additional Bunker Drainage
Additional allowance required to complete bunker drainage modifications $ 12,959.89
for holes no. 15-18
Credits:
Greens Shaping ($ 4,800.00)
Fertilizer ($ 5,662.00)
Haul -off ($ 14,610.00)
Cumulative Total: $42,597.34
Discussion:
The Mountain View Golf Course at Desert Willow opened in October 1998. At the request of
staff, Dana Fry of Hurdzan/Fry inspected the Mountain View Golf Course to review the condition
of the greens, lakes, and bunkers, and evaluate the playability of the course in relation to the
original design intent.
G \rda\Heather Beck\Desert Willow\Mountainview Renovation\Staff Report\091009-001-MVRenovation.doc
Staff Report
Approve Change Order No. 1 to Contact No. R928950 - Mountain View Golf Course
Renovation
Page 3 of 5
September 10, 2009
In April 2009, the Agency Board authorized commencement of the golf course renovations
addressing the above -mentioned concerns. These improvements include the following
components: ,
• Renovation of all 18 greens, restoring the greens to original size and condition using
new Tiff Dwarf sod
• Renovating/reshaping all greenside bunkers to address shape, ease of maintenance,
installing bunker liners, new and repairing/installing drainage to all greenside bunkers
• Re-establishing the lakes edges by removing excess grass and silt accumulations along
all lake edges
• Renovating/reshaping all fairway bunkers to address shape, ease of maintenance,
installing bunker liners, new sand and repairing/installing drainage systems to all fairway
bunkers
A contract for $826,784.00 was awarded to Earth Sculptures in April 2009. 10% Contingency,
$82,678.40, was appropriated in the contract. On May 20, 2009 the Notice to Proceed was
issued. The scheduled completion date is September 27, 2009 (130-day contract). The Desert
Willow Mountain View Course Renovations are approximately 95% eomplete with the punch -list
and additional services, requested above, remaining to complete the<project.
Change Order No. 1 consists of four categories required to address additional lake edge
modifications, rake caddie renovations/modifications, the removal of one bunker on the Firecliff
Course hole no. 11 (not included in original scope), and additional bunker drainage.
Lake Edae Modifications:
Under ES contract, the Contractor is responsible for restoration of all lake edges. The work
consists of re-establishing the lake edges by removing excess grass and silt accumulation along
all lake edges. After the lake edges were exposed (12" to 48" of grass had grown past the
original lake edges) we discovered that the existing turf edge had eroded back from the original
edge and the soil below the turf was saturated with water. This caused uneven grades along
the lake edges and difficulties with maintenance. When the Contractor potholed and exposed
the concrete shore line they discovered that there was no cobble in the notch behind the shore
line. The purpose of the cobble is to stabilize the ground behind the shore line due to water
encroachment (see attached photos).
Based on current lake edge designs, the Contractor recommended that the native material in
the concrete liner notch be removed and replaced with cobble to an elevation 2" above water
line. The lake edge could then be capped with soil and re -sodded. The cobble provides a firm
foundation even with wicking action from the lake. During a site visit, the Golf Course Architect
reviewed the exposed condition and concurred that Earth Sculptures had presented a viable
GArda\Heather Beck\Desert Willow\Mountainview Renovation\Staff Report\091009-COI-MVRenovabon.doc
Staff Report
Approve Change Order No. 1 to Contact No. R928950 - Mountain View Golf Course
Renovation
Page 4 of 5
September 10, 2009
solution to correct the erosion and stabilize the lake edge. The Contractor and Architect agreed
that if we rebuilt the lake edges without installing the cobble the erosion problems and soft
conditions would continue.
Staff recommends that the work be performed now, while the golf course is shut down. The
majority of the lake edge modifications, as a result of this condition, were able to be absorbed
into the contract. Proposed pricing reflects established unit prices that have been used
throughout the project. The cost to implement this upgrade for the remaining lake edges on
holes no. 9 and 11 is in the amount not -to -exceed $15,745.90.
Rake Caddies:
During the renovation of the golf course Earth Sculptures was able to protect in place nearly half
of the existing bunker rake caddies. Since several bunkers were combined, added, and
removed as part of the renovation project, additional rake caddies need to be added, reinstalled,
and repaired to complete the renovation. Existing rake caddies are being re -used wherever
possible and 28 new rake caddies are being added. The total cost for these repairs and
upgrades is in the amount not -to -exceed $13,757.00.
Firecliff Hole No. 11 bunker removed:
Per the attached Court Order, the City of Palm Desert must remove the first bunker on the left
from the tees on hole no. 11 by December 15, 2009. Additionally, the Court Order requires that
some trees be replaced; however, Desert Willow staff is already in the process of making these
improvements. In order to remove this bunker and re-establish the fairway, a significant amount
of earthwork and re -sodding is required. The total cost to remove this bunker and reconstruct
the area so that it retains a character consistent with similar fairways on this hole is in the
amount not -to -exceed $25,206.55.
Additional Drainaae:
Due to existing on site conditions, additional bunker drainage beyond what was allotted for in
the bid allowance was required. The total amount required to complete this work is not -to -
exceed $12,959.89.
Credits:
The first credit reflected in the change order is due to the unused greens shaping allowance. As
part of the bid, the Contractor was required to set aside an allowance for unforeseen shaping of
greens. This allowance was not used. The total amount of this credit is $4,800. A credit of
$5,662 results from the deletion the fertilizer. Instead of having the Contractor fertilize the
GArda\Heather Beck\Desert Willow\Mountainview Renovation\Staff Report\091009-001-MVRenovation.doc
Staff Report
Approve Change Order No. 1 to Contact No. R928950 - Mountain View Golf Course
Renovation
Page 5 of 5
September 10, 2009
greens, Desert Willow staff will fertilize the greens as part of their over -seeding process. Finally,
the Contractor will be able to roto-till the removed sod material and disperse on low areas within
the adjacent Desert Willow vacant lots rather than hauling it off site. The Contractor will regrade
and stabilize the material. This results in a credit of $14,610.
Recommendation:
A (5) five calendar day time extension is also requested as a result of these changes to the
contract, with completion of these modifications on October 2, 2009.
Consolidating all work into one project will create a more consistent course and impacts to
revenues will be minimized by doing all the work at once, taking advantage of the fact that the
Contractor is mobilized and the golf course is closed from June to November (due to re-
seeding). Therefore staff recommends that Change Order No. 1 be approved and that
$42,597.34 be transferred from contingency to the base contract leaving a balance of
$40,081.06,
Submitted by:
Heather Buck
Project Coordinator
Annroval:
Approval:
Wrrtin Alvarez
Redevelopment Manager
Paul S. Gibson
Director of Finance
l` BY RDA
og
VERIFIED BY
Original on file with City Clerk's Office
Wrda\Heather Beck\Desert Willow\Mountainview Renovation\Staff Report\091009-COI-MVRenovation.doc
PAIa11 :DESERT REDEVELOPMENT AGENCY Contract # / P.O. # I R28590 16050
ChanCo tOrder
ge cy: YES X I NO
CONSTRUCTION ORDERANG� o�D�
Contract Purpose DW Mountain View Course Renovation Account No. I 851-4663-454-4001
Contractor's Name Earth Sculptures, Inc. Project No.
Address: 38-207 N. Primrose Lane Vendor No. I 7818
Indio, CA 92203
You are hereby requested to comply with the following changes from the contract plans and specifications:
DESCRIPTION OF CHANGES DECREASE INCREASE
(Supplemental Plans, Specifications, and Directives dated Attached) In Contract Price In Contract Price
1- Lake Edge modifications, Holes 9 & 11
1,369 linear feet, 3" minus cobble 15,745.90
2- Rake Caddies added
re-install/repair to address new/modified bunkers 13,757.00
3- Firecliff Course Hole No 11
Remove one bunker per Settlement Agreement 25,206.55
4- Additional Bunker Drainage, Holes 15 - 18
Additional allowance 12,959.89
5- Greens shaping 4,800.00
6- Fertilizer 5,662.00
7- Sod haul -off 14,610.00
TOTALS: 25,072.00
67.669.34
NET CHANGE IN
CONTRACT PRICE:
42.597.34
JUSTIFICATION:
TOTAL BUDGET FOR PROJECT:
+ 909,462.40
CONTINGENCY:
Less: Expend. & Encumb. To Date:
- 826,784.00
Amount Approved by Board: +
82,678.40
Less: This Change Order Amount:
- 42,597.34
Less: Prior Change Order(s): -
-
BALANCE OF BUDGET
Less: This Change Order: -
42,597.34
REMAINING FOR PROJECT:
40,081.06
Balance Remaining of Contingency:
40,081.06
The amount of the Contract will be (Oesreaeed) Increased by the Sum of: Fortv-two Thousand, Five Hundred
Ninetv-seven and 34/100 Dollars ($42,597.34).
GArda\Laurel Knutson\Word Data\RDA\Forms\ChangeOrder-RDA.doc See reverse
Contract R28590 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 Palm Desert Redevelopment Agency, otherwise referred
to as Owner.
Contract Time Extension Five (5) calendar Days.
Revised Contract Total $869,381.34
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.
3
REQUESTED BY:
CERTIFIED
FUNDS AVAILABLE:
EXECUTIVE DIRECTOR
FINANCE DIRECTOR
NOTE: No payments will be made
prior to Executive Director and
Agency Board approval
2. ACCEPTED BY:
CONTRACTOR
4. APPROVED BY:
ROBERT A. SPIEGEL, CHAIRMAN 9/10/09
SECRETARY 9/10/09
GArda\Laurel Knutson\Word Data\RDA\Forms\ChangeOrder-RDA.doc
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rrY Ia E t�i'S 01ICE
P LH DESERT, CA
Joe MO in
Practice limited to Attorney at a09 JUN 22 AM H : 4 L*
Business and Tort Suite 217
Litigation 73-710 Fred Waring Dr.
Palm Desert, California 92260
June 18, 2009
Ms. Rachelle D. Klassen
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
Phone (760) 773-5886
FAX (760) 773-5814
RE: Phil Adams & Chet Galeazzi v. City of Palm Desert
Riverside County Superior Court Case No. INC 072102
Date of Loss: 07/05/07
Carl Warren File No: 1456361 RQ
Dear Ms. Klassen:
This letter is to confirm that I have received the original Compomise
Agreement and Release in the above matter, signed by the plaintiffs and the
City. That agreement is now binding. Under the terms of the agreement the
City must remove the first bunker on the left from the tees on the I Ph hole
and grass over the area of the bunker, and replant five trees on the right side
of the fairway that have died. The plaintiffs will point out the tree locations
to Mr. Sousa of the golf course.
These modifications must be done by December 15, 2009. Finally, I
will keep the file open until these modifications are completed, and the
dismissal filed in the case. If any recipients of this letter have any
questions, please call me.
urs truly, i
C��
Joe McMillin
JM:rh
COPY T7 ;.T-Eri-1
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