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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Authorization to execute Change
Order No. One to Contract with Avila
Construction, Inc. for Street Improvements
at 21" Street and San Gabriel Street per
Plan No. 10139.
Dept: Development Services
Date: April 10, 2001
File No. 1.7156-2
MCC DATE: 04/16/01
Synopsis of Previous Council Action:
12/18/00
Allocated $219,400 in the 2000/01 CIP for Street Improvements/Safety
Improvements.
Council requested the Traffic Safety Committee to evaluate the pedestrian safety
concerns at the intersection of 21" Street and San Gabriel Street.
City Engineer was authorized to proceed with the design of a raised median at
21" Street and San Gabriel Street.
Adopted Resolution awarding Contract to Avila Construction, Inc. in the
amount of $25,525.00
7/10/00
7/24/00
8/21/00
Recommended Motion:
That the Mayor and Common Council authorize the execution of Change Order No. One in the
amount of $9,868.00 to Contract with Avila Construction, Inc. for Street Improvements at 21"
Street and San Gabriel Street per Plan No. 10139. ~ ~ ~
James Funk
Contact person:
Michael W. Grubbs, Field Engineer
Phone: 5179
Supporting data attached: Staff Report & CCO #1
Ward: 2
FUNDING REQUIREMENTS: Amount:
$9,868.00
Source: (Acct. No.) 129-367-5504-7156
(Acct. Description) Street/Safety Improvements
Finance:
Council Notes:
1J J{,IO}
Agenda Item No. ~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Authorization to execute Change Order No. One in the amount of $9,868.00 to Contract with
A vila Construction, Inc. for Street Improvements at 21 st Street and San Gabriel Street per Plan
No. 10139.
Backl:round:
On December 18, 2000, the Mayor and Common Council awarded a contract to Avila
Construction, Inc. in the amount of $25,525.00 for construction of Street Improvements at 21st
Street and San Gabriel Street per Plan No. 10139. The bids ranged from $25,525.00 to
$34,802.00.
Upon start of construction modification to the design of a disabled access ramp on the north
side of the intersection was required in order to clear some interfering drain pipes.
Additionally, modifications to the design of two proposed disabled access ramps on the south
side of the intersection were necessary to avoid encroachment onto adjacent private property.
Further, asphalt concrete pavement, which was required to be removed for construction of a
median island, was significantly thicker than indicated on plans resulting in increased cost to
the contractor for removal, disposal and replacement.
All the changes contained in this change order are described in detail in the attached Contract
Change Order No. One.
Financial Impact:
The total amount of this change order exceeds the contingencies of $5,000.00 which was
approved for the project as part of the contract award; however, there are sufficient funds in
Account No. 129-367-5504-7156 (Street/Safety Improvements) to cover the cost of this change
order.
Recommendation:
That the Mayor and Common Council authorize the execution of Change Order No. One in the
amount of $9,868.00 to Contract with Avila Construction, Inc. for Street Improvements at 21st
Street and San Gabriel Street per Plan No. 10139.
DEVELOPMENT SERVICES DEPARTMENT
~
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.ci.san-bernardino.ca.us
CONTRACT CHANGE ORDER NO. ONE
File No. 1.7156-2
Date: April 10, 2001
Project:
Street Improvements on 21" Street and San Gabriel Street per
Plan No. 10139.
To:
Avila Constrnction
4022 N. "F" Street
San Bernardino, Ca 92407
Gentlemen:
You are hereby compensated for performing the additional work as follows:
Descrintion of Chanl!e Cost
1. Install type "A retaining curb for disabled access ramps on
south side of the San Gabriel Street at 21" Street intersection. $2,375.00
95 linear feet at $25.00 oer foot.
2. Relocate ramp on north side of 21" Street to clear curb drain
pipes. This involved removal and reconstruction of additional $400.00
sidewalk. The price was agreed to be $400.00 lump sum.
3. Additional removal cost due to unforeseen thickness of asphalt $905.00
on 21" Street/Median (See attached T&M report).
4. Additional thickness of asphalt concrete in 21" Street Median. $6,188.00
22.1 tons at price of $280.00 per ton
TOTAL CHANGE ORDER COST $9,868.00
JUSTIFICATION:
Item 1: After City Surveyors marked out the disabled access ramps on the south side of 21"
Street at San Gabriel Street it became apparent that the ramps, as designed, would encroach
into the front yards of several well maintained residences at the southeast and southwest
Contract Change Order No. One
Street Improvements on 21st Street and San Gabriel Street per Plan No. 10139.
Page 2 of 3
corners. Installation of the ramps would require removal of existing lawn, sprinklers and large
tree roots which interfered with construction. The contractor proposed to reduce the size
(footprint) of the ramp by using retaining curb at the back of the sidewalk and along the street
side of the ramp to clear the lawn area and the tree roots. Staff reviewed the Contractor's
proposal and determined that the ramp would conform to disabled access design standards and
accepted the Contractor's proposal. The Contractor proposed a price of $25.00 per foot for 95
linear feet of additional retaining curb. Staff noted that Bid Item No.4 "PCC Curb, Type A"
for the median island at $10.00 per foot appeared to be the same curbing as proposed by the
Contractor for use as retaining curb. Further, the increase of 95 linear feet was within the
25 % increase limit allowed by the contract. The contractor argued that the retaining curb
associated with the disabled access ramps constituted a "substantial change to the character of
the work from that shown on plans" for the median curb; therefore, additional compensation
should be allowed as provided by Section 3-2.2.1 "Contract Unit Prices" of the Standard
Specifications. Staff questioned the validity of the Contractor's argument, however, it was
noted that, had the ramp been constructed as designed, the City would have incurred
significant costs in lawn and sprinkler system restoration, as well as incurring bad will from
the adjacent residents. In addition, cutting of the tree roots could have damaged the adjacent
street trees. The Contractor is requesting $25.00 per linear foot for the additional 95 linear
feet of Type "A" curb.
Item 2: During construction of a disabled access ramp, as required by contract on the north
side of 21 st Street at San Gabriel Street, drain pipes through the curb were found to interfere
with the construction of the new ramp. To avoid the cost of relocating the drain pipes, the
disabled access ramp was moved approximately 10 feet east which resulted in additional
removal and replacement of concrete sidewalk beyond that shown on the plans. The contractor
required one-half day to perform the additional work and proposed a lump sum price of
$400.00 for the extra work. Staff has reviewed the Contractor's proposal and believes
$400.00 to be a fair and reasonable price for this work.
Item 3: Upon removal of asphalt concrete in 21st Street for construction of the new median
island it was found that the existing asphalt concrete pavement was 7" thick instead of 4" thick
as indicated on the plan. The contractor incurred additional cost for extra thick saw cutting,
loading, hauling, and disposal fees. Section 3-4 "Changed conditions" of the Standard
Specifications provides that the Engineer shall issue a Change Order, in accordance with
Section 3-2.2 "Payment", to adjust compensation where the "Changed Condition" will
materially affect the Contractor's cost. This section further provides that Time & Materials
(T&M) can be used as a basis for payment when a contract unit price is not available for the
"Extra Work" and the Agency and Contractor are unable to reach agreement as to fair and
reasonable compensation for the extra work. See attached T&M report dated January 16,
2001.
Item 4: As stated in Item 2 above, the existing asphalt concrete pavement was 7" thick instead
of the 4" thickness shown on plans. Because of this extra thickness of AC removal, additional
Contract Change Order No. One
Street Improvements on 21" Street and San Gabriel Street per Plan No. 10139
Page 3 of3
tonnage of asphalt concrete pavement was needed to repave the areas adjacent to the new
median curb and the new disabled access ramps. This resulted in an increase in quantity of Bid
Item 9 "AC Pavement (4" thick)" from 5 tons to 27.1 tons.
Since the quantity of AC Pavement increased more than 25% the City requested that the
Contractor reduce the unit price for AC Pavement to an amount commensurate with the
increased tonnage of AC Pavement. The original bid unit price for AC Pavement (4" thick)
was $300.00 per ton. The contractor proposed to charge $280.00 per ton for the additional
22.1 tons based on the average price of the three lowest bidders for AC Pavement for this
project. The Contractor is requesting $280.00 per ton for the work.
SUMMARY OF CONTRACT COSTS
The estimated revised contract cost is as follows:
Original Bid Amount............................................ .............. ......$
25,525.00
Contract Change Order No One ........ ................. ... .............. ...... . ....$
9.868.00
Revised Contract Amount ........................................................$
35,393.00
Additional time to complete Contract due to Change Order .............0 Working Days
This Change Order is 38.7% over the original bid amount.
A VILA CONSTRUCTION, INC.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
Approved:
Accepted
By:
By:
James Funk
Director of Development Svcs.
Title:
Date:
Date:
Approved By City Council
MCC Agenda Item No.
Date Approved
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