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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 See reverse U f Z U w CD Q Z CC Z Z fQ- 4 00 00 0 � Z Z Z ­r O ao O 00 0 cn o 00 C L U O O O 0 O O co U Z Um Z U)_ LL c M: O H- U O <O .O a 0 N Z+. Q a CU 0 Q O U m IT (M 00 � (Y) cn « M o~ 00 IT Cl? N ` rn a) 0LO t— O) H �Q O v QU H Z O U c 0 L9 O 5 0 C Co O � C 0 0 O U 'D . C 0 rn 0 L a)C O C L C N 0.2 � L U Q .0 N CM ICT LO U O O 4 cM rl- O) N It J N 0 �> %, n, .:�. ,�_ � ;;n z i `� :� 1 r�, 'i;, y ' '] �~ ,. rn O O CV O N \ LO O 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 �A.TE_-JtP-A--�L-09 s