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HomeMy WebLinkAboutS5- Public Works CITY OF SAN BERM A�RDINO - REQUEST F %R COUNCIL ACTION File No. 1.291 ROGER G. HARDGRAVE Approval of Contract Change Order From: Subject: No. 5 - Improvement of Tippecanoe De p t: Public Works Ave. , "C" St. (Sheppard Blvd. ) & Del Rosa Drive, per Plan No. 9053 - Date: 9-14-94 MATICH CORPORATION Synopsis of Previous Council action: 10-04-93 -- Resolution No. 93-382 adopted authorizing the Mayor to execute application to the Economic Development Agency for a grant. 01-24-94 -- Plans approved and authorization granted to advertise for bids . 03-21-94 -- Resolution No. 94-68 adopted authorizing execution of approval and award of grant. 05-02-94 -- Resolution No. 94-107 adopted authorizing execution of a�.1iV . �rr1C Second Amendment to Agreement with URS Consultants, Inc. , for PrOVision of construction staking services. (Continued on second page) S`P Vii, 11 : 53 Recommended motion: That Change Ord--y No. 5 to the contract with Matich Corporation for the constructiori of street improvements on Tippecanoe Avenue, "C" ` Street (Sheppar:.a blvd. ) and Del Rosa Drive, in accordance with Plan No. 9053 , be a )-proved; to authorize the Contractor to modify the existing telenhnne vaults, located within the street improvement area; at a -)rice not to exceed $80 , 000 . 00 , for an increase in the contract price =mom $4, 368 , 299 . 87. to $4, 448 , 299 . 87 . cc : Bill Bopf, IVDA Shauna Clark ///A X / Barbara Pachon. - i ature Contact person: Roger G. Hardqrave Phone: 5025 Supporting data attached: Staff Report, CCO #5 Ward: 1 FUNDING REQUIREMENTS: Amount: $80 , 000 (EDA Grant & IVDA) Source: (Acct. No.) 242-362-57291 I (Acct. Description) Street Im rovements - Tippecanoe Avenue, "C" St & Del Rosa Drive Finance Council Notes: 75-0262 Agenda Item No. S- 6 Public Works File No. 1 . 291 SYNOPSIS OF PREVIOUS COUNCIL ACTION (Continued) 06-06-94 -- Resolution No. 94-130 adopted awarding a contract to Matich Corporation for the low bid price of $4 , 113 , 313 . 08-15-94 -- Change Orders No. 1 & 2 approved, to authorize moving 11 trees at a cost of $104 , 500 and relocating water lines at a cost not to exceed $30 , 000 . 09-06-94 -- Change Order No. 3 approved to authorize installation of ATS communication conduit at a cost of $95 , 486 . 87 . 08-15-94 -- Change Orders No. ' s 1 & 2 approved, to authorize moving 11 trees at a cost of $104 , 500 . 00 and relocating water lines at a cost not to exceed $30 , 000 . J 9-14-94 CITY OF SAN BERM ARDINO - REQUEST r'IR COUNCIL ACTION STAFF REPORT Extensive discussions were conducted with the various utility companies relative to ' the existing facilities within Norton A.F.B. that were owned and operated by the Air Force. The consensus of the utility companies was that all existing utility systems were non-standard and they were not interested in acquiring and operating these systems. Therefore, the plans were prepared to direct the Contractor to remove the tops and a portion of the sides of the telephone vaults, and to fill the voids with slurry. After work was started on this project, the General Telephone Company reached an agreement with the Air Force to acquire the telephone system. In view of this agreement, the Air Force is requiring that the existing telephone system be maintained in service. In order to keep this system in service, the tops of the vaults, and a portion of the sides, will have to be removed and a new top installed that will not be in conflict with the proposed street improvements . The Contractor has submitted a price quote of $100, 219 . 40 to perform this extra work. We are unable to verify that this price is fair and reasonable. Therefore, extra work will be done on a time and material basis at a price not to exceed $80, 000. The total estimated project cost included an amount of $845 , 687 for contingencies, which can be used to finance the cost for this extra work. There is an approximately balance of $530 , 000 in contingencies . A grant has been secured through the U.S. Department of Commerce, Economic Development Administration, to finance 75% of the total ' project cost. The 25% local agency share will be provided by. IVDA. No City funds will be used to finance the cost of this project. The cost for the extra work will be charged to Account No. 242-362-57291 . The representative from the United States Economic De- velopment Administration has verbally approved this extra work in concept. A copy of Change Order No. 5 has been faxed to the representatives and we are striving to obtain approval.. We recommend that Change Order No. 5 be approved. URGENCY CLAUSE: The Contractor needs to receive approval to proceed with this extra work in order to avoid delaying the other scheduled activies. 9-14-94 75-0264 FEDERAL PROJECT NO. 07-49-02680 CHANGE ORDER ORDER NO. 5 DATE: 9/14/94 Agreement Date: 2/7/94 NAME OF PROJECT: NORTON AIR FORCE BASE STREET IMPROVEMENTS OWNER: CITY OF SAN BERNARDINO CONTRACTOR: MATICH CORPORATION The following changes are hereby made to the CONTRACT DOCUMENTS: Perform the additional work of modifying tha existing telephone manholes to protect the utility during the street improvement project and to adjust the vaults to the new street grade on Tippecanoe Avenue, "C11 Street (Sheppard Drive) and Del Rosa Drive (6th Street) Engineer, and in accordance with contract plans and specifications, and as directed by the Resident Engineer. Justification: The construction plans and specification call for the removal and disposal of the concrete lids of the telephone vaults and the slurrying of the inside of the vaults and abandoning these vaults in place. However, the Air Force has requested that the Telephone Vaults be saved and adjusted to the new street elevation. Several reasons were provided, if they were abandoned the Air Force Base would be without communications in the near future, and possibly over the next several years. Additionally, if the utility could be salvaged, GTE could use these vaults in the future. Since the bid prices that were provided by the contractor appeared to be high, the contractor will be directed to perform the extra work on a time and material basis, at a price not to exceed $80,000. 00. Change to CONTRACT PRICE: Original CONTRACT PRICE: $ 4,113,313.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER Page 1 $ 4,368,299.87 The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $ 80,000.00 The new CONTRACT PRICE including this CHANGE ORDER will be $_ 4 ,448,299.87 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) by to be determined calendar days. The date for completion of all work will be revised date to be determined. Approvals Required: To be effective, this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Accepted by: Matich Corporation Date Requested by: Steven Enna, Construction Engineer Date Recommended by: William Bopf, Inland Valley De. Agcy. Date Approved by: Roger G. Hardgrave Date Director of Public Works/City Engineer Economic Development Administration Approved by: Date Page 2 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING 3 RESOLUTION NO. 94-226 AND RATIFYING JUDICIAL FORECLOSURE ACTIONS BEARING CASE NOS . 4 SCV09593 , SCV09594 , SBCI09793 , SCV09790 AND SCV14609 5 6 WHEREAS, on June 18 , 1990, the City of San Bernardino 7 ( "City" ) created Community Facilities District No. 995 8 ( "District" ) pursuant to the Mello-Roos Community Facilities Act 9 of 1982 , codified at General Code Section 53311 et seq. ( "Act" ) ; 10 and 11 12 WHEREAS, pursuant to the Act, in December, 1990, the 13 City issued $7, 325, 000 Special Tax Limited Obligation Bonds, 14 which are secured by the special taxes authorized to be levied 15 against all parcels within the District; and 16 17 WHEREAS, certain sums of special taxes duly levied 18 pursuant to the Act against certain undeveloped parcels within 19 the District subsequently became delinquent and remain unpaid; 20 and 21 22 WHEREAS, pursuant to Section 53356 . 1 of the Act, on 23 January 14 , 1994 and January 24 , 1994 , four (4) actions for 24 judicial foreclosure of special tax liens were commenced in the 25 San Bernardino Superior Court on behalf of the City against San 26 Bernardino S .B. Five, Limited Partnership, Lakeview Development 27 Company, One Forty Seven Limited Partnership, American National 28 (sic) Bank, Donald E . Davis, Ruth Newbury, Irving M. Feldkamp -1- , _Lf- � 1 III , Orange Coast Title Company, Ken A. Kazarian, James C. Bice, 2 Brimar Industries, Inc . , and Does 1-100, bearing Case 3 Nos . SCV09593 , SCV09594 , SBCI09793 , and SCV09790; and 4 5 WHEREAS, on August 1, 1994 , the Mayor and Common 6 Council adopted Resolution No. 94-226 Authorizing The Filing Of 7 A Judicial Foreclosure Action Against California Properties Fund 8 And Ratifying Judicial Foreclosure Actions Bearing Case 9 Nos . SCV09593 , SCV09594 , SBCI09793 and SCV09790 ; and 10 11 WHEREAS, the City Clerk' s office failed to obtain the 12 necessary signatures for Resolution No. 94-226 within the 13 required five (5) day period; and 14 15 WHEREAS, on August 11, 1994 and August 12, 1994, 16 Substitutions of Attorney were filed in San Bernardino Superior 17 Court Case Nos . SCV09593 , SCV09594 , SBCI09793 and SCV09790 18 substituting Sabo & Green, A Professional Corporation as counsel 19 of record for the City in place and instead of the Law Offices of 20 Robert A. Owen; and 21 22 WHEREAS, pursuant to Section 53356 . 1 of the Act, an 23 action for judicial foreclosure of the delinquent special tax 24 liens associated with the undeveloped parcels owned by California 25 Properties Fund within the District was commenced in the 26 San Bernardino Superior Court on behalf of the City. 27 28 -2- 1 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 2 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, 3 DETERMINE AND ORDER AS FOLLOWS : 4 5 Section 1 . The City hereby rescinds Resolution 6 No. 94-226 which was adopted on August 1, 1994 . 7 8 Section 2 . The City hereby ratifies the judicial 9 foreclosure actions filed on January 14 , 1994 , January 24, 1994 10 and August 15, 1994 bearing San Bernardino Superior Court Case 11 Nos . SCV09593 , SCV09594, SBCI09793 , SCV09790 and SCV14609 . 12 13 Section 3 . The City hereby ratifies the 14 Substitutions of Attorney filed on August 11, 1994 and August 12 , 15 1994 in San Bernardino Superior Court Case Nos . SCV09593 , 16 SCV09594 , SBCI09793 and SCV09790, substituting Sabo & Green, A 17 Professional Corporation as counsel of record for the City in 18 place and instead of the Law Offices of Robert A. Owen. 19 20 21 22 23 24 25 26 27 28 -3- 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 94-226 AND RATIFYING 2 JUDICIAL FORECLOSURE ACTIONS BEARING CASE NOS . SCV09593 , SCV09594 , SBCI09793 , SCV09790 AND SCV14609 3 Section 4 . This Resolution shall become effective 4 immediately upon its adoption. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly 7 8 adopted by the Mayor and Common Council of the City of San Bernardino at a meeting 9 thereof, held on the day of 10 11 1994 , by the following vote, to wit : 12 AYES : Council Members 13 14 NAYS : 15 ABSENT: 16 17 City Clerk 18 19 The foregoing resolution is hereby approved this 20 day of 1994 . 21 Mayor of the City of 22 San Bernardino 23 Approved as to form and legal content : JAMES F. PENMAN 24 City Attorney 25 By: 26 27 28 -4-