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CI1C) OF SAN BERNARDltp - REQUEQT FOR COUNCIL AC'O)N
Date:
Roger G. Hardgrave REC'D.-ADMIH. 6P~8Ct:
Public Works/Engineeringl985 JAN 10 PH 3: 52
January 10, 1985
Approval of Change Order No.3 --
Approval and Acceptance of Work, and
authorization of Final Payment--
Construction of Town Creek Storm Drain,
per Plan No. 6202 --Changing Times
Enterprises, Inc.
From:
Dept:
Synopsis of Previous Council action:
4-09-84 -- Resolution No. 84-129 adopted awarding a contract to Chan9ing Times
Enterprises, Inc.
6-18-84 -- Contract Change Order No. One approved to authorize the Contractor
to install a maximum of 35 de-watering wells, and up to 1,200 tons
of 11;;" - 2" rock, at a cost not to exceed $85,099.65.
9-10-84 -- Contract Change Order No. Two approved to authorize the furnishing
and installation of three additional de-watering wells at a unit
cost of $2,019.99 per well, and a test well at a cost not to exceed
$300.00.
Recommended motion:
That Change Order No.3 to the contract with Changing Times Enterprises,
Inc., for construction of Town-Warm Creek Storm Drain, in accordance
with Plan No. 6202, be approved, to reimburse the Contractor for
Equipment Costs due to delays of relocation of under9round facilities
by utility companies, at an increase of $6,880.00 in the contract price,
from $668,018.62 to $674,898.62; and that the work performed by the
Contractor in accordance with Specification No. 6341 be approved and
accepted; and that final payment be authorized at the expiration of the
1 i en period.
cc: John Matzer, Jr., City Admin.
Warren Knudson, Dir. of Finance
~ ~~~/'--
Signature
Contact person: Roger Hardgrave
Phone:
5025
Supporting data attached: Sta ff REport & C. C. O. #3
Ward:
1
Construction Fund, Account #48-490-671
Finance:
Storm Ora i n
tJ ~ c:~ L.L- '
,
FUNDING REQUIREMENTS:
Amount: $6.880.00
Sou rce:
Council Notes:
75-0262
A",." I~m No ~.
, lill'
CIO OF SAN BERNARDQo - REQUIOT FOR COUNCIL ACOoN
. STAFF REPORT
The Contractor encountered several conditions during construction that
precluded him from working and delayed progress on the project. Most of these
delays were attributable to conflicts with utility facilities. Some of these
facilities were not of record and, therefore, were not shown on the plans pre-
pared by Neste, Brudin and Stone, under contract with the County. Other delays
were due to ground water flowing into the trench.
An amount of $6,880.00 has been claimed by the Contractor, to cover
standby charges for his equipment. Section 6-6.3, "Payments for Delays to
Contractor," of the Standard Specifications, states, in part. . . "If the
Co ntractor sustains a loss which could not have been avoided by the judicious
handling of forces, equipment or plant, there shall be paid to the Contractor
such amount as the Engineer may find to be fair and reasonable compensation for
such part of the Contractor's actual loss as was unavoidable." Since the
utility facilities were not shown on the plans, or not shown to be in conflict,
the Contractor could not have avoided the delays. Also, the Contractor had no
control over the movement of ground water. For this reason, we feel the Con-
tractor is entitled under terms of the contract to be compensated for the
time his items of equipment were on the project, but could not perform any
work due to circumstances beyond his control.
The amounts claimed by the Contractor have been reviewed, and found
to be justifiable. We recommend that Change Order No.3 be approved.
All work on this project was satisfactorily completed on 12-7-84.
The contract was awarded for the low bid price of $630,649.00. The
actual final contract price is $670,811.07, due to the total net increase of
$96,463.87 for Change Orders No.1, 2 and 3, reduction in the cost of some bid
items as a result of the final quantities being less than the estimated
quantities in the bid documents. The total net increase in the contract
price was $40,162.07.
The total estimated project cost, based upon the actual low bid
price, contained an amount of $93,241.00 for contingencies, which can be used
to finance the increase in the contract price.
We recommend that the work be approved and accepted.
75-0264