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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject:
Authorization for the Director of Development
Services to execute Contract Change Order No.
Two to contract with Nikola Corporation for
Sewer Improvements on Baseline Street
(SW04-04); "I" Street (SW04-30); Wilson
Street and 35th Street (SW04-31), per Plan No.
10890 and authorization for the Director of
Finance to Amend the FY 2004/05 BIJdget,
Dept: Development Services
Date: January 10, 2005
File No. 3.7317,3.7427,3.7428
MCC Date: February 7,2005
ORIGINAL
Synopsis of Previous Council Action:
09/15/03 Allocated $609,600 for Sewer Improvements on Baseline Street (SW04-04); "I" Street (SW04-
30); Wilson Street and 35th Street (SW04-31) in the FY 2003/04 Capital Improvement Program
(CIF) budget.
07/06/04 Adopted resolution awarding contract to Nikola Corporation. for Sewer Improvements on Baseline
Street (SW04-04); "I" Street (SW04-30); Wilson Street and 35th Street (SW04-31).
10/18/04 Authorized the Director of Development Services to execute Change Order No. One in the
amount of $92,752.00.
Recommended Motion:
1. Authorize the Director of Development Services to execute Contract Change Order No. Two in the
amount of $33,946.12 to contract with Nikola Corporation for Sewer Improvements on Baseline Street
(SW04-04); "I" Street (SW04-30); Wilson Street and 35th Street (SW04-31), per Plan No. 10890.
2. Authorize the Director of Finance to amend the FY 2004/05 Budget by transferring $33,900 from
unallocated sewer construction funds; transfer $11,300 to Account No. 245-365-5504-7417 (SW04-04);
transfer $11,300 to Account No. 245"365-5504-7427 (SW04-30); and transfer ~300 to Account No.
245-365-5504-7428 (SW04-31). _~ ~
, ~amesFunk
Contact Person: Mark Lancaster, City Engineer Phone:
Michael D. Wolff, Construction Engineer
5166
Supporting data attached:
Staff Report & CCO #2
Ward:
5,6& 7
FUNDING REQUIREMENTS: Amount:
Source: (Acct. Nos.):
$33,946.12
245-365-5504-7317,7427 & 7428.
Sewer Improvements on Baseline Street;
Acct. Description: "I" Street; Wilson Street & 35th Street
Finance:
Council Notes:
W~S
Agenda Item No. J I
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CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Authorization for the Director of Development Services to execute Contract Change Order No. Two to
contract with Nikola Corporation for Sewer Improvements on Baseline Street (SW04-04); "I" Street
(SW04-30); Wilson Street and 35th Street (SW04-31), per Plan No. 10890 authorization for the
Director of Finance to Amend the FY 2004/05 Budget.
Back2round:
On July 6,2004, the Mayor and Common Council awarded a contract in the amount of $323,166.00 to
Nikola Corporation for sewer improvements on Baseline, "I" Street, Wilson Street and 35th Street.
Once work was initiated, it was determined that specific additional tasks, as described in the attached
change order, were necessary to properly construct the project.
During construction of the sewer main in Base Line Street, the contractor discovered three (3)
additional 6-inch private sewer laterals that were not shown on plans and were not included in the
contractor's bid. The contractor was required to remove the laterals and connect them to the new sewer
main. The contractor is requested compensation for replacement of the additional sewer laterals as
extra work. These three (3) laterals were previously installed incorrectly. The contractor was required
to reconstruct and reinstall the laterals.
The contractor was required to remove trash (i.e., broken concrete, brick and trash) from the sewer
trench and dispose of said trash. It was necessary to import clean fill material to backfill the trench.
To eliminate a sewage block within an existing lateral, it was necessary to replace the two (2) 90-
degree elbows with 45-degree elbows and reconstruct the lateral.
The contractor encountered asphalt concrete pavement in excess of 5 inches on "I" Street, whereas the
plans indicate 2 1/2 inches. The asphalt concrete was placed over 5 inches of Portland cement
concrete. It was necessary to remove both asphalt concrete and Portland cement concrete. The asphalt
was replaced in kind and the concrete was replaced with crushed aggregate base.
The amount of this change order is $33,946.12, which is 10.5% of the original contract amount. Under
the provisions of Section 3-2.1 of the Standard Specifications, "The Agency may change the Plans,
Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of
all changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it
become necessary to exceed this limitation, the change shall be by written Supplemental Agreement
between the Contractor and Agency, unless both parties agree to proceed with the change-by-change
order." The Contractor has agreed to proceed with this change-by-change order.
Details of the changes are shown in the attached Contract Change Order No. Two.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Cont'd)
Financial Impact:
The total cost of Contract Change Order No. 1 is $33,946.12. Sufficient funding is available for this
change order in the Sewer Line Construction Fund. A budget amendment is needed however to
adjust each of the project's budget to reflect the additional charges from the change order.
Recommendation:
1. Authorize the Director of Development Services to execute Contract Change Order No. Two in the
amount of $33,946.12 to contract with Nikola Corporation for Sewer Improvements on Baseline
Street (SW04-04); "I" Street (SW04-30); Wilson Street and 35th Street (SW04-31), per Plan No.
10890.
2. Authorize the Director of Finance to amend the FY 2004/05 Budget by transferring $33,900 from
unallocated sewer construction funds; transfer $11,300 to Account No. 245-365-5504-7417
(SW04-04); transfer $11,300 to Account No. 245-365-5504-7427 (SW04-30); and transfer $11,300
to Account No. 245-365-5504-7428 (SW04-31).
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DEVELOPMENT SERVICES DEPARTMENT
San Bernar Ino
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CONTRACT CHANGE ORDER NO. TWO
300 North "D" Street. San Bernardino' CA 92418-0001
Planning & Building 909.384.5057' Fax: 909.384.5080
Public WorkslEngineering 909.384.5111 . Fax: 909.384.5155
www.sbcity.org
FILE NO. 3.7317; 3.7427; 3.7428
DATE: FEBRUARY 7, 2005
PROJECT:
SEWER IMPROVEMENTS ON BASELINE STREET (SW04-04);
"I" STREET (SW04-30); WILSON STREET AND 35TH STREET
(SW04-31), PER PLAN NO. 10890.
TO:
NIKOLA CORPORATION
18012 COWAN, SUITE 290
IRVINE, CA 92614
GENTLEMEN:
You are hereby compensated for performing the additional work as follows:
ITEM NO: DESCRIPTION OF CHANGE COST
2-1 Reconnect additional sewer laterals. $ 22,000.00
2-2 Remove debris in trench (unsuitable backfill) $ 6,359.83
2-3 Install two 45-degree elbows and reconstruct existing sewer laterals. $ 1,333.25
2-4 Remove, dispose and replace additional asphalt concrete. $ 4,243.00
TOTAL COST CCO #2 $ 33,946.12
JUSTIFICATION:
Reconnect Existin2 Sewer Laterals
During construction of the Base Line Street sewer mainline, the contractor discovered
three additional 6-inch sewer laterals. These three laterals were not shown on plans and
Item 2-1 replacement of the sewer laterals was not included in the contractor's bid. The
No. contractor removed 10-feet of each lateral and reconstructed the'lateral to the mainline.
At the terminus manhole, there was an 8-inch main sewer line, which was not identified
on the plans. It was necessary to modify the new manhole to accept the additional 8-
inch mainline.
Remove Debris in Trench
Item When the contractor began excavation for the installation of the mainline on 35th Street,
2-2 it was determined that roadway was previously backfilled with unsuitable materials
No. (i.e., broken concrete, brick and trash), it was necessary to remove and dispose of the
unsuitable material and import clean suitable materials for backfill.
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Change Order No. Two
Sewer Improvements on Baseline, etc. Per Plan No 10890.
Install Elbows and Reconnect Laterals
During the reconstruction of the manhole at Del Ray Dr. and 35th Street, an existing
Item 2-3 sewer was previously installed with two 90-degree. elbows back to back. This
No. configuration caused the lateral to become blocked. It was necessary to reconstruct the
laterals, using two 45-degree elbows.
Remove. Dispose and Replace Additional Asphalt Concrete
The project core reports indicate the existing asphalt concrete thickness to be 2 1/2-inch
Item 2-4 on "I" Street. Actual asphalt concrete thickness was 5 inches laid over 5 inches of
No. Portland cement concrete. The contractor was required to remove and dispose of the
A.C. and P.C.C; replace the P.C.C. with crushed aggregate base; and replace the A.C. in
kind.
SUMMARY OF CONTRACT COSTS
The estimated revised contract cost is as follows:
Original bid amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 323,166.00
Contract Change Order No. One .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..$ 92,752.00
Contract Change Order No. Two. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,946.12
Revised Construction Contract cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 449,864.12
Additional time to complete Contract due to this Change Order .................."30 Working Days
The amount of Change Order Nos. One and Two is 39.2 % of the original contract amount and the total
amount of all change orders to date is $126,698.12. The total amount of all change orders to date
exceeds the contingency amount approved by the Mayor and Common Council as part of the award of
the contract on July 8, 2004; therefore, a supplemental budget appropriation will be necessary
The changes to the work contemplated by this Change Order exceed 25 % of the original contract
amount. The Contractor's signature on this document indicates his acceptance of this modification to
the contract as a change order rather than a supplemental Agreement as provided by Section 3-2.1
"Changes initiated by the Agency" of the Standard Specifications.
NIKOLA CORPORATION
CONTRACTOR
Accepted
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
Approved
By:
By:
JAMES FUNK
Director of Development Services
Title:
Date:
Date:
Approved by Mayor and Common Council
Date: February 7, 2005
Item No.
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