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<br />liquidated damages will be finalized as part of the claims resolution. The <br />final project costs ~ill be determined after the claims process is completed. <br /> <br />Honorable Mayor and Members of the City Council: <br /> <br />BACKGROUND <br /> <br />On September 17,2002, the City a~arded a $16,524,214005 contract to the Ferma Corporation <br />for construction of the golf course facilities, including: construction of utilities along Alisal Street <br />and a small portion of Sycamore Road to serve golf course development; construction of the <br />roadway and utility improvements for the public streets within the golf course property (West <br />Bridge Lane and Clubhouse Drive; BV A bridges and golf cart bridges; on-site utilities and <br />parking lot; a 5, 500 square foot maintenance building; and the golf course and driving range. A <br />Notice to Proceed was issued on October 21, 2002, and according to our records, construction <br />started on November 12,2002. <br /> <br />The Contract specified a time limit for completion of the project of 293 ~orking days. With <br />additional days granted for rain delays and contract change order increases, the date for <br />completion of the project should have been in February, 2005. The City ~ill be deducting $2,500 <br />for each ~orking day in excess of the project completion date 0 The final determination of <br />liquidated damages ~ill occur as a part of the expected claims settlement for the project. <br /> <br />To date, sixty-five authorized change orders totaling $2,544,497.71 have been added to the <br />original contracto In addition to the approved change orders, Ferma has requested, or is expected <br />to request, payment for ~ork it believes ~as beyond the scope of the original contract, and for <br />additional costs incurred during construction for unanticipated conditions. Ferma ~ill file these <br />requests in the form of final claims after the project is accepted and final payment has been <br />submitted to Fermao Staffwill analyze the final claims, and enter into negotiations with Ferma in <br />an attempt to resolve the claims. It is expected that Ferma will also wish to negotiate the <br />liquidated damages. If staff and Ferma are unable to agree on the resolution of the claims, the <br />claims process directs that an arbitrator resolve the issue, unless both parties agree to a court <br />resolutiono <br /> <br />All ~ork has been completed on the project, and the City has been using the golf course since <br />early Novembero The adjusted contract cost is $19,068,711.76 ($16,524,214.05 bid plus <br />$2,544,497071 in change orders). The final payment request is expected to reduce the adjusted <br />contract price by approximately $1 million, due to work ~hich "Was not required to be performedo <br />The final project cost ~ill not be kn.o~n until the expected claims settlement occurso <br /> <br />SR 06:003 <br />Page 2 of3 <br />