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HomeMy WebLinkAboutItem No. 13 Change Order No. 2 Serenity Park Phse II CIP Z40005Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-379 Agenda Date: 9/13/2016 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 13) Page 1 City of Lake Elsinore Printed on 9/8/2016 Page 1 of 1 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Chase Keys, E.I.T, Engineering Consultant Date:September 13, 2016 Subject:Change Order No. 2, Serenity Park Phase 2, Project No. Z40005 Recommendation 1.Approve Contract Change Order No. 2 with Aneen Construction which will increase the contract by $7,500. Background On May 31, 2016, the City Council approved a construction agreement with Aneen Construction in the amount of $49,029 for Serenity Park Improvements – Phase 2. This project included the preparation of the existing park surface for the installation of a pre- fabricated restroom facility in order to complement the existing park features. During construction, Change Order No. 1 was authorized in the amount of $4,640.50 adjusting for final constructed quantities. Discussion In the time since the agreement was executed staff also authorized Change Order No. 2. This change order included a soils investigation report needed for the design of the other portion of Serenity Park Improvements – Phase 2A, the BMX and dog park. This investigation was completed during the construction of the restroom. The authorized contingency on this project was $7,354. Due to the cost of Change Order No. 2 being greater than the authorized contingency amount, City Council approval is required. Fiscal Impact The project is funded by CFD 2005-1 and sufficient funds are available for approval of this request. Exhibits A – Change Order No. 2 PUBLIC WORKS CONSTRUCTION CONTRACT CONTRACT CHANGE ORDER Date: 08/30/2016 C.C.O No. 2 951-674-3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW.LAKE-ELSINORE.ORG PROJECT NAME SERENITY PARK IMPROVEMENTS – PH 2 CONTRACTOR: ANEEN CONSTRUCTION, INC. In conformance with and as part of the existing Agreement for this project the City of Lake Elsinore authorizes and directs changes to the Agreement as described below. 1) EXTRA WORK ORDER (EWO) (Unknown or Unforeseen Work not covered by Contract) a) Extra Work Item A: Geotechnical Investigation and Infiltration Testing i) Description of Extra Work: Preparation of a Soil Investigation Report and a Soil Infiltration Report on the Serenity Park Site per the attached proposal. ii) Payment for this work will be made as follows: Geotechnical Investigation and Infiltration Testing was not a bid item in the original contract. Compensation for the extra work will be paid on a time and materials basis. Not to Exceed Fee = $7,500 iii) Time for completion will be increased/decreased by (+-): Five (5) Working Days 2) CHANGED WORK ORDER (CWO) (Significant increases in quantity of Unit-Price items; greater than 25%): a) N/A 3) CLOSING SUMMARY ORDER (CSO) (Final adjustment of original estimated contract quantities based on final measured quantities): a) N/A AGREEMENT AMOUNT: Compensation as set forth in the Agreement and as amended by this and prior Contract Change Order(s) is: $61,169.50 Original Contract Amount: $49,029.00 Amount All Previous CCOs (+-): $4,640.50 Amount This CCO (+-): $7,500.00 Total Contract Amount: $61,169.50 CITY’S ACCEPTANCE: The above described work is hereby approved and directed to be completed in accordance with the Contract Documents. City of Lake Elsinore Appr.: _____________________________ City Manager Date Att.: ______________________________ City Clerk Date CONTRACTOR’S ACCEPTANCE: Contractor agrees to perform the above work as directed, in accordance with the Contract Documents, and accept payment described above as full compensation for work described subject to additions and reductions of the quantities of various items. Contractor: Aneen Construction, Inc. ______________ By _________________________________________ Title: _______________________________________ Date: _______________________________________ Attachments: Proposal (GeoMat to Aneen Construction) 9980 Indiana Avenue ● Suite 14 ● Riverside ● California ● 92503 ● Phone (951) 688-5400 ● Fax (951) 688-5200 www.geomatlabs.com, contact: info@geomatlabs.com e-mail: geomatlabs@sbcglobal.net GeoMat Testing Laboratories, Inc. Soil Engineering, Environmental Engineering, Materials Testing, Geology July 12, 2016 Project No. 16097-01 TO: Aneen Construction, Inc. 1927 Harbor Boulevard Suite 127 Costa Mesa, California 92627 ATTENTION: Mr. Tamer Khalil SUBJECT: Cost Estimate for Preliminary Soil Investigation and Infiltration Reports, Serenity 19685 Palomar Avenue, Lake Elsinore, California As requested, we are please to prepare the following scope and cost estimate for the subject work. Based on a cursory review, the site is located within an area mapped for Pauba Formation. The site is located in Wildomar Fault Zone, and in liquefaction zone, and in subsidence zone. Groundwater is expected to be 30 to 50 feet deep. GeoMat will provide two separate reports, one for geotechnical investigation and one for infiltration testing. The infiltration testing will be in accordance with Riverside County requirements. Assuming easy access to the site, the following is our scope and cost of work. Scope of Work for Geotechnical Investigation  Review soils, seismic, groundwater data, and maps in our files.  Exploration of the site at accessible location by means of a drill rig.  Field engineer for logging, observe drilling resistance/caving.  Sampling of select soils.  Laboratory testing for classification, shear strength, expansion, and sulfate.  Prepare CBC seismic design parameters.  Preparation of a soil investigation report (3 copies) to include: Site preparation recommendations, Overexcavation depth, Allowable soil bearing value, Foundation recommendations, Slab-on-grade recommendations, Earth pressures, Grading specifications, Pavement design, Site Class, CBC seismic design parameters, and cement type. Scope of Work for Infiltration Testing  Conduct infiltration tests per County LID Design handbook.  Sample soil from the tested horizon.  Conduct laboratory grain size distribution.  Prepare a report in three copies for WQMP purposes. 19685 Palomar Drive Project No. 16097-01 Lake Elsinore, California July 12, 2016 GeoMat Testing Laboratories, Inc. Page 2 Cost of Work (Prevailing Wages) Our fee for the above two scope of works is as follows: Soil Investigation Drill Rig $1000.00 Driller, Prevailing Wage $800.00 Field Technician, Prevailing Wage $800.00 Laboratory Testing $1000.00 Geology $500.00 Soil Report $1000.00 Total for the Soil Investigation $5100.00 Soil Infiltration Report Presoaking, Field Technician, Prevailing Wage $400.00 Field Technician for Testing, Prevailing Wage, Four Tests $800.00 Laboratory Testing $400.00 Soil Infiltration Report $800.00 Total for the Soil Infiltration Report $2400.00 If this is acceptable, please sign the attached Work Authorization and Agreement and return one copy for our files. Should you have any questions, please do not hesitate to call this office. We appreciate this opportunity to be of service. Submitted for GeoMat Testing Laboratories, Inc. Haytham Nabilsi, GE 2375 Distribution: [1] Addressee WORK AUTHORIZATION AND AGREEMENT Please sign and return one copy to: Phone (951) 688-5400 Fax (951) 688-5200 GEOMAT Testing Laboratories, Inc. 9980 INDIANA, SUITE 14, RIVERSIDE, CA., 92503 DATE: July 12, 2016 PROJECT NO: 16097-01 This Agreement is made as of the date of the last authorization signature below, between consultant and the CLIENT identified in Paragraph 1 below. 1. CLIENT: Aneen Construction PHONE: 714-369-5789 ADDRESS: 1927 Harbor Boulevard, Suite 127, Costa Mesa, Ca. CONTACT: Mr. Tamer Khalil EMAIL: ADDRESS: 2. PROJECT LOCATION: 19685 Palomar Drive, Lake Elsinore, California 3. PROJECT DESCRIPTION: Preliminary Soil Investigation Report and Infiltration Testing Report 4. SCOPE OF WORK: See Attached Proposal 5. ESTIMATED BUDGET: See Attached Proposal 6. ADVANCE PAYMENT: 7. INVOICE TO: Client 8. REPORT DISTRIBUTION: [1] Client OTHER: N/A 9. TERMS AND CONDITIONS: CLIENT has read the terms and conditions on the lower side hereof, understands each condition and term of this Agreement and agree to be bound thereby. 10. LIMITATION OF LIABILITY: CLIENT AGREES THAT THE LIABILITY OF GEOMAT FOR CLAIMS, DAMAGES, COSTS OF DEFENSE, EXPENSES, OR JUDGMENTS ON ACCOUNT OF DESIGN DEFECTS, ERRORS, OMISSIONS, OR PROFESSIONAL NEGLIGENCE RELATED TO THE PROJECT SHALL NOT EXCEED THE SUM OF $5,000.00 OR GEOMAT’S FEE AS SET FORTH IN PARAGRAPH 5 ABOVE, WHICHEVER IS LESSER. Signature of Authorized Agent of Client Date 7/12/2016 Signature of GEOMAT Testing Laboratories, Inc. Agent Date TERMS AND CONDITIONS CONSULTANT agrees to provide technical and professional advice regarding geotechnical conditions and to use its professional judgment and perform its services using that degree of care and skill ordinarily exercised in the geotechnical consulting profession, under similar circumstances, by reputable geotechnical consultants practicing in the area. CLIENT acknowledges that the identification of geotechnical conditions and the prediction of future or concealed conditions is an inexact scientific endeavor. No warranty, expressed or implied, of merchantability or fitness is made or intended in connection with the work to be performed or by the furnishing of any oral or written reports by consultant. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. CLIENT agrees to pay all fees as rendered on monthly invoices within 30 days of the date therein. CLIENT agrees that CONSULTANT may suspend services pending receipt of any past due payment for fees. Should any invoice remain outstanding for 45 days or more, CONSULTANT may discontinue services and/or demand prepayment of fees at CONSULTANT'S option. CLIENT will grant or obtain free access to the site for all personnel and equipment required to perform the work. While CONSULTANT will take reasonable precautions to minimize damage to site, CLIENT is responsible for identifying underground structures and agrees to defend, indemnify and hold CONSULTANT harmless from all loss and damage resulting from underground structures not properly located and marked. CLIENT agrees to provide all information in its possession that may be pertinent to the scope of work, including any information concerning actual or possible presence of hazardous materials. CLIENT agrees that the discovery of unanticipated hazardous materials constitute a changed condition mandating a renegotiation of the scope of work or termination of services. CLIENT agrees to compensate CONSULTANT for all costs incident to the discovery of unanticipated hazardous materials. CLIENT will indemnify and save CONSULTANT harmless from any claim, liability or injury, including delay of the project associated with the discovery of unanticipated hazardous materials or any disclosure of these conditions as required by governing law or regulation. All hazardous materials, including samples taken for testing, will remain the property and responsibility of the CLIENT. CLIENT/OWNER shall defend and indemnify GEOMAT Testing Laboratories, Inc. from and against any and all claims, liability, and expenses on account of personal injury, property damage, economic loss, or otherwise arising out of, or in any way connected with GEOMAT Testing Laboratories, Inc’s work pursuant to this contact or presence at the project, except for loss caused by the sole negligence or willful misconduct of GEOMAT Testing Laboratories, Inc. This provision shall be triggered, except as stated herein, even if negligence or fault by GEOMAT Testing Laboratories, Inc., whether active, passive, or otherwise, contributed to said claim, liability, or expense. All promises of services time are approximated and subject to the CLIENT and his contractor's schedules, weather conditions, disputes with workmen or parties, accidents, strikes, natural disasters or other causes. In no event shall CONSULTANT be responsible for any damage or expenses due to delays from any causes.