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Home My WebLink About2007/09/18 Item 3 CITY COUNCIL AGENDA STATEMENT ~f:.. CITY OF ...H';;- CHULA VISTA 9/18/2007, Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC. FOR THE SALT CREEK COMMUNITY PARK CAPITAL IMPROVEMENT PROJECT, PR251, INCREASING THE GUARANTEED MAXIMUM PRICE (GMP), APPROVING CHANGE ORDER NO. 1 AND AUTHORIZING INTERPROJECT TRANSFERS AS NECESSARY TO COMPLETE THE PROJECT DIRECTOR OF ENGEEE G AND GENERAL SERVICES(j ~ CITY MANAGER ASSISTANT CITY NAGER '? f 4/STHS VOTE: YES ~. NO D ITEM TITLE: BACKGROUND The City Council previously approved a Design Build agreement with Rudolph and Sletten, Inc. by Resolution 2003-452 for the provision of services necessary to design and construct Salt Creek Conununity Park. This change order amends the GMP for additional services as reconunended by staff. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report 97-04 (FSEIR 97-04). The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report 97-04 (FSEIR 97-04). RECOMMENDATION Council adopt the resolution approving the second amendment to the agreement with Rudolph and Sletten, Inc. for the Salt Creek Conununity Park Capital Improvement Project, PR251, increasing the Guaranteed Maximum Price (GMP), amending the final completion date, approving Change Order No.1 and authorizing interproject transfers as necessary to complete the project. 3-1 9/18/2007, Iteml Page 2 of2 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION City Council previously approved an agreement and first amendment with Rudolph and Sletten, Inc. for the services required to design and construct Salt Creek Community Park. The project has been proceeding in a manner consistent with the terms ofthe Design Build Agreement and is 99% complete. Pursuant to Section 14 of the Design Build Agreement, the City may direct the Design Builder (D/B) to perform additional services beyond those in the Agreement. In cooperation with the Design Builder and after further review by City staff, staff is recommending additional work including but not limited to landscape, earthwork, repairs and preventative maintenance to the Salt Creek channel banks not covered in the GMP whereby increasing the GMP by $66,023. The additional work proposed as Change Order No. I is further detailed in Attachment 2. The Second Amendment will increase the GMP by said amount for Change Order No. I. Staff is further recommending the authorization ofinterproject transfers from various completed projects necessary to cover the cost of the increase. DECISION MAKER CONFLICT Staff has reviewed the property holdings of Mayor and Council and has found no property holdings within 500 feet of the boundaires of the property which is the subject of this action. FISCAL IMPACT A breakdown of the increased costs and funding necessary to complete the project is as follows: ADDITIONAL COST Change Order No. I $ 66,023 City Admin Cost I Contingency (approx 13%) $ 8,977 TOTAL ADDITIONAL COSTS $ 75,000 AVAILABLE PROJECT FUNDS Park Acquisition Development (PAD) Funds - Existing Available Balance $ 6,896 Interproject Transfers (PAD) Veterans Park (PR238) - complete $ 2,127 Mountain Hawk (PR257) - complete $ 3,545 Recreation Facilities - Fixtures IEquipment (PR265) $ 4,893 Montevalle Community Park IPR250) - comolete $ 57,539 TOTAL AVAILABLE PROJECT FUNDS $ 75,000 Any remaining balance after the project is completed will be returned to the fund. ATTACHMENTS I. Second Amendment to the Design Build Agreement 2. Change Order No.1 Prepared by: Gordon Day, Sr. Building Project Manager. Engineering and General Services Dept. M:IGeneral ServiceslGS AdministrationlCouncil AgendalSalt Creek ParklSalt Creek Second Amdmt CO I.doc 3-2 Ai7!T(!/I/lEN T I Second Amendment To the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. For Design and Construction of Salt Creek Community Park This Second amendment is made and entered into this II th day of September, 2007 by and between the City of Chula Vista (herein "City"), a municipal corporation, and Rudolph and Sletten, Inc. (herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter referred to as Parties ("Parties") RECITALS WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated November 4, 2003 and approved by City Council Resolution 2003-452, whereby D/B provides design and construction services to the City for the construction of a fully functional park and recreation center including the facilities and site-work; and WHEREAS, the First Amendment to the Original Agreement contained a guaranteed maximum price not to exceed amount of$13,493,898; and WHEREAS, D/B and City staff have value engineered the project to provide the best product at the most effective price; and WHEREAS the parties now desire to amend the Agreement to increase the contract amount to incorporate the guaranteed maximum price of $13,559,921 for a fully functional park and recreation center, Salt Creek Community Park. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set forth herein, the City and Design Builder agree as follows: 1. Section 13 of the Original Agreement, entitled D/B GMP for Services and Reimbursements, is hereby amended to read as follows: 13.1.1 The GMP shall not exceed $7,715,252 $7,781,275 for the Park and $5,778,646 for building and include within said GMP shall be no more than $1,638,015 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 2. Except as expressly provided herein all other provisions of the Original Agreement and First Amendment shall remain in full force and affect. 3-3 Signature Page to the Second Amendment to the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. F or Design and Construction of Salt Creek Park City of Chula Vista Rudolph and Sletten, Inc. by Cheryl Cox, Mayor by Rene Olivo, Project Executive Date ATTEST: Susan Bigelow, City Clerk Approved in form by: Ann Moore, City Attorney M:\General Services\GS Administration\Council Agenda\lv1ontevalle Community Park DB Al13\Montevalle Park Amendment Signature Page.doc 3-4 ItTT/fCHI7?EI\J1 eoL .;:.~...~o ...........~. RUDOL;H~S~ETTBN (j PROJECT # 2845-0 POTENTIAL CHANGE ORDER ."".",,,,~ .".. ...,........... QI)....lI...C"1'O.' To: The City of Chula Vista 1800 Maxwell Road Chula Vista, CA 91911 pea No: Date Created: Project: 8050 Date Submitted: 8/7/2007 6/22/2007 Dated Returned: Salt Creek Community Park Reason: Direct Costs Architect Ref: Hunsaker & Associates drawings dated 5/7/2007 We submit for your approval the following cost estimate of changes in work as follows: Erosion Slope Repairs at Salt Creek This pea is to provide a portion of the repairs to the Salt Creek per the recommendations of Hunsaker & Associates drawings dated 517/2007. Per meeting with Gordon Day from City of Chula VIsta, Shawn Elihu from 3D Enterprises and Chris Jadwin from Rudolph & Sletten, Inc. on 8/6/2007, the attached pricing is to incorporate the repairs in tlNo areas. Area 1 is on the west side of the creek and south of the skate park. Area 2 is east of the creek and just across from the playground area. Submitted by: Chris Jadwin Job Site: 2710 Otay lakes Road Chula Vista, CA 91915 (619) 491-3585 (619) 491-3585 Phone: Fax: We have $8,289 left in the Owner Allowance that will be used to reduce the overall cost impact; however, approval of this change order will result in an increase to the GMP. # Company 001 3-D Enterprises, Inc 002 Rudolph and Sletten, Inc. 003 City of Chula Vista 004 Rudolph and Sletten Inc. 005 Rudolph and Sletten, Inc. Description Amount Submitted Implement the recommendations on Hunsaker & Associates drawings dated $45,760 5/7/07 R&S General Conditions & Supervision $25,416 Owner Allowances $(8,289) Fee - 4.00% $2,515 Liability Insurance - 0,95% $621 Total amount of ChanQe Order: 8050 Time extension as a result of this Change Order: $66,023 30 Calendar Days D We have proceeded with the revision above in order to minimize cost and schedule impacts, D We have proceeded with the revision above based on your approval of ROM in the amount of : $ . We will proceed with the revision above upon your approval noted by signing below. 3-5 ~...,"o....."....~. RUDOL;H~S~ETTEN (J PROJECT # 2845-0 POTENTIAL CHANGE ORDER .......u.i< .111"'" "..'..1''''.''. ~I).T."'CT-O.. To: The City of Chula Vista 1800 Maxwell Road Chula Vista, CA 91911 pea No: Date Created: Project: 8050 Date Submitted: arT/200? 6/22/2007 Dated Returned: Salt Creek Community Park Reason: Direct Costs Architect Ref: Hunsaker & Associates drawings dated 5rT/200? Submitted by: Chris Jadwin Job Site: 2710 Otay lakes Road Chula Vista, CA 91915 Phone (619) 491-3581 Fax: (619) 491-3585 ~ ./ RECOMMENDED BY: Jeff Katz Architecture ARCHITECT 7290 Navaio Road Suite 106 San Dieao CA Bv Jeff Katz SIGNATURE APPROVED BY: The City of Chula Vista OWNER 1800 Maxwell Road Chula Vista CA 91911 Bv Matt Little RECOMMENDED BY: RudolDh and Sletten Inc GENERAL CONTRACTOR 10955 Vista Sorrento Parkway Suite 1 San Dieao. CA Bv Chris Jadwin SIGNATURE DATE 81712007 DATE DATE 3-6 RESOLUTION 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INe. FOR THE SALT CREEK COMMUNITY PARK CAPITAL IMPROVEMENT PROJECT, PR251, INCREASING THE GUARANTEED MAXIMUM PRICE (GMP), APPROVING CHANGE ORDER NO. I AND AUTHORIZING INTERPROJECT TRANSFERS AS NECESSARY TO COMPLETE THE PROJECT WHEREAS, on November 4, 2003, pursuant to Resolution No. 2003-452, the City Council approved a Design Build Agreement with Rudolph and Sletten, Inc. for the Salt Creek Community Park (Project); and WHEREAS, on March 22, 2005, pursuant to Resolution No. 2005-093, the City Council approved a First Amendment to the Design Build Agreement to set the Guaranteed Maximum Price (GMP), update field and court lighting, and revise the statement for substantial and final completion dates; and WHEREAS, the Project has been proceeding in a marmer consistent with the terms of the Design Build Agreement and is 99% complete; and WHEREAS, pursuant to Section 14 of the Design Build Agreement, the City may direct the Design Builder (D/B) to perform additional services beyond those in the Agreement; and WHEREAS, in cooperation with the DIB ar1d after further review by City staff, staff recommends additional work including, but not limited to, landscape, earthwork, and repairs and preventative maintenance to the Salt Creek channel banks not covered in the GMP and increasing the GMP by $66,023; and WHEREAS, staff proposes to enter into a Second Amendment to the Design Build Agreement to increase the GMP by $66,023 for Change Order No. I, and WHEREAS, interproject transfers from various completed projects are necessary to cover the cost of the increase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it approves the Second Amendment to the Design Build Agreement with Rudolph and Sletten, Inc. for the Salt Creek Park Community Park Capital Improvement Project, PR251, increasing the Guaranteed Maximum Price by $66,023 and authorizes the Mayor to sign the Second Amendment. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves Change Order No. I, which is attached to and incorporated into this Resolution. BE IT FURTHER RESOLVED by the City Council of the City ofChula Vista that it authorizes the following interproject transfers as necessary to complete the project: 3-7 ADDITIONAL COST Change Order No.1 $ 66,023 City Admin Cost / Contingency (approx lY%) $ 8,977 TOTAL ADDITIONAL COSTS $ 75,000 A VAILABLE PROJECT FUNDS Park Acquisition Development (PAD) Funds - Existing Available Balance $ 6,896 Inter-project Transfers (PAD) Veterans PD.rk (PR238) - complete $ 2,127 .vlountain Hawk (PR257) - complete $ 3,545 Recreation Facilities - Fixulres IEquipment (PR265) $ 4,893 Montevalle Community Park (PR250) - cOl11olete $ 57,539 TOTAL A V AILABLE PROJECT FUNDS $ 75,000 Presented by Approved as to fonn by Jack Griffin Director of Engineering and General Services \--d~ {U~ r Ann Moore ' City Attorney Attachment: Change Order 1 J:\AltOn1cy'RESO\GENERAL SERVICES\Salt ('I"eek CUIl1Tll Park - Second Amumt to Agreement with Rudolph nnd Sletten. doc 3-8 -- THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL '. -cJ}~ (;L h~;6!~ Ann Moore U City Attorney Dated: 1/ III () "1 I Second Amendment to the Design Build Agreement Between the City of Chula Vista and Rudolph and Sletten, Inc. for Design and Construction of Salt Creek Community Park 3-9 Second Amendment To the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. For Design and Construction of Salt Creek Community Park This Second amendment is made and entered into this II th day of September, 2007 by and between the City of Chula Vista (herein "City"), a municipal corporation, and Rudolph and Sletten, Inc. (herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter referred to as Parties ("Parties") RECITALS WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated November 4, 2003 and approved by City Council Resolution 2003-452, whereby D/B provides design and construction services to the City for the construction of a fully functional park and recreation center including the facilities and site-work; and WHEREAS, the First Amendment to the Original Agreement contained a guaranteed maximum price not to exceed amount of$13,493,898; and WHEREAS, D/B and City staff have value engineered the project to provide the best product at the most effective price; and WHEREAS the parties now desire to amend the Agreement to increase the contract amount to incorporate the guaranteed maximum price of $13,559,921 for a fully functional park and recreation center, Salt Creek Community Park. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set forth herein, the City and Design Builder agree as follows: I. Section 13 of the Original Agreement, entitled D/B GMP for Services and Reimbursements, is hereby amended to read as follows: 13.1.1 The GMP shall not exceed $7,715,252 $7,781,275 for the Park and $5,778,646 for building and include within said GMP shall be no more than $1,638,015 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 2. Except as expressly provided herein all other provisions of the Original Agreement and First Amendment shall remain in full force and affect. 3-10 Signature Page to the Second Amendment to the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. For Design and Construction of Salt Creek Park City of Chula Vista Rudolph and Sletten, Inc. by Cheryl Cox, Mayor by R~ne Olivo, Project Executive Date ATTEST: Susan Bigelow, City Clerk Approved in form by: Ann Moore, City Attorney M:\General Services\GS Administration\Council Agenda\lvl.ontevalle Community Park DB Al 13\Montevalle Park Amendment Signature Page,doc 3-11