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Home My WebLink About19-Public Works . C 0 CITY OF SAN BERNARDINO - Fa No. 6.1444-2 :> REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE RF C'O - AD tollN. (Jflliject: Public Works/Engineet'f1ig . I?8S DEe 19 f:~ 2: 20 12/16/85 Approval of Change Order No. 6-- Contract for Construction of Phase I-A of Seccombe Lake State Urban Recreation Area, per Plan No. 6403 -- Moulder Bros. Dept: Date: Synopsis of Previous Council action: 08-08-84 -- Resol ution No. 84-319 adopted awarding a contract to Moulder Brothers for the Base Bid and Alternate No.2, for a total contract price of $3,201,000.00. 10-15-84 -- Change Order No. One approved adding two pedestrian bridges, pavilion slab, Sixth Street improvements, widening of Sierra Way, changed walkway light and substituted Valcon valves and controllers at a new in- crease in contract price of $330,642.75 from $3,201,000.00 to $3,351,642.75. (continued on page 2) Recommended motion: That Change Order No. Six to the contract, with Moulder Brothers and John H. Moulder, for the construction of Seccombe Lake Urban State Recreation Area, in accordance with Plan No. 6403, be approved; to authorize payment to the Contractor for the amount of $2,892.90 awarded by the arbitrators, relative to construction of a concrete collar and removal of thicker than normal pavement, for an increase in the contract price from $3,562,642.52 to $3,565,535.42. cc: John Matzer Jr., City Administrator Warren Knudson, Director of Finance ",l, Ro'''. 01,,,,,, of ""fi.1' C'7~ ' -V s1gnatur - Roger G. Hardgrave Phone: 5025 Contact person: Supporting data attached: Staff Report & CCO #6 Ward: 1 FUNDING REOUIREMENTS: Amount: $2,892.90 Source: 1980 State Acct #243-353-57515 I ' Presley Fishing Program, and Street Construction ~und/ Finance: ~.. Bond Act, t2/~ Council Notes: 75-0262 Agenda Item No, /Cf 1 .. . Clfy'OF SAN BERNARDI'-b - REQU~T FOR COUNCIL ~ON STAFF REPORT The Contractor submitted a claim for extra work involved in construction of a concrete collar and removal of thicker than normal pavement. After the majority of the storm drain was installed across Fifth Street, the Contractor determined that it would not meet the existing overflow structure on the design grade. The remaining portion of the storm drain was installed on a revised grade. A concrete collar was required at the point the grade was changed. Upon attempting to cut the pavement, the Contractor encountered a layer of Portland Cement concrete pavement under the asphalt concrete. A claim was submitted by the Contractor in the amount of $3,377.19 for these two items of work. These claims were denied by staff because it was felt the Contractor should have verified the elevations at both ends of the storm drain before starting construction, and the contract documents made no representation as to the type or thickness of the pavement section. These claims were submitted to arbitration, contract documents. An award was made to $2,692.00, and the $200.00 administrative fee. Arbitration is attached for reference. as provided in the the Contractor for A copy of the Award of We recommend that Change Order No. Six be approved. 3 7580264 - . ,-, l." o '"j v :) 01-19-84 -- Change Order No. Two approved the expense for equipment move-on and move-off charge, changing of curb grade on Sierra Way between Sixth Steet and Seventh Street, after curb forms had been set, and the elimination of a tire ripper and warning signs in Parking Area No. One, at a net increase to the contract price of $5,253.88, from $3,531,642.75 to $3,536,896.63. 01-21-85 -- Change Order No. Three approved to authorize over excavation; removal of railroad tracks on Sierra Way, removal of curb and gutter at the corner of 5th and Sierra Way and the elimination of a tire ripper and warning signs for the YWCA parking lot; removal of a 12-inch storm drain and manhole and replacement with 175 L.F. of 24-inch corrugated steel pipe; the removal and replacement of a curb depression in the YWCA parking lot; and the removal and replacement of a driveway approach into the YWCA and the construction of an adjacent stairway at a new increase to the contract price of $34,253.78, from $3,536,896.63 to $3,571,150.41. 05-13-85 -- Change Order No. Four approved to authorize various items of work to be down-graded, in accordance wi th the letter dated 4-25-85, from Moulder Bros., at a net decrease in the contract price of $ll,075.79 from $3,571,150.41 to $3,560,074.62. 07-15-85 -- Change Order NO. Five approved to authorize the construction of ceramic tile for the counter top in the concession building and 220-volt power to the lake aerator vault, at a new increase to the contract price of $2,567.90, from $3,560,074.62 to $3,562,642.52. 2 - Plan No. 6403 :) Date: December 16, 1985 File No. 6.,1444-2 ~, ()C) Project: See combe Lake Urban Recreation Area ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO, CALIFORNIA CONTRACT CHANGE ORDER NO. SIX (Change necessitated because of ' field conditions) To: Moulder Bros. P.O. Box 3306 5ll Western Avenue Glendale, CA. 9l201-0306 Gentlemen: You are hereby authorized to place a Portland Cement Concrete Collar between two 36-inch reinforced concrete pipes in Fifth Street north of Sepulveda, Avenue; and remove pavement of excessive thickness in Fifth Street' at the same location at an increase cost in contract price of $2,892.90 as set by arbitration in Case No. 72 llO 0636 85. ' Total extra work cost added to contract.................$ 2,892.90 Pre v 1 0 use 0 n t r act P r ; c e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,562 ,642.52 Amended Cost Pr1ce........................................$ 3,565,535.42 Additional time to complete contract due to change order$ 0 CONTRACTOR CITY OF SAN BERNARDINO By: Titl e: By: ROGER G. HARDGRAVE Director of Public Works Accepted Date: Approved Date: - - - / , ') 0 AMERICAN ARBITRATION ASSOCIA TION o 443 Shatto Place, Los Angeles, California 90020,1781 (213) 383,6516 -i :) MAILING ADDRESS: POST OFFICE BOX 57994 . LOS ANGELES, cA 90057-0994 ARBITRATION . FACT. FINDING . MEDIATION . ELECTION SERVICES . DISPUTE RESOLUTION TRAINING Los Angel.' Region JEARY l, MURASE /lIRECTOR JIoCOUELlNE DOWNS DEPUTV DIRE.CTOR - CASE ADMINlsrRA TlON ROCCO M, SCANZA OEPUTY DIRECTOR- flEGIONAL DEVELOPMENT November 25, 1985 72 EllO 0636 85 Moulder Bros., General Contractors for Cllno Pipeline -and- City of San Bernardino Moulder Bros., General Contractors for Chino Pipeline Attn: Duane Bartlett, Operations ~~nager 16341 Chino Corona Road Chino, California 91710 City of San Bernardino Attn: William Sabourin, Assistant City Attorney 300 North "0" Street San Bernardino, California' 92418 Gentlemen: In accordance with the provisions of Section 45 of the Construction Industry Arbitration Rules, enclosed to each of you are copies of the Arbitrator's duly executed Award in'the above matter. By copy of this letter, a copy of the Award is being sent to Arbitrator Victor Hiceli, who is sincerely thanked for his services in this matter. Si~".~5elY , .~.,-_..~- ''''~ ' . . . .' ~ C~-_..------=- "., , ", / .... ."# /-., I . ' M. L. Martindale Awards Clerk MLM/mr Enc 1. cc: Victor Miceli, Esq. Ollices: Allanl.. 80$lon . Challoth' . ChlCeol,) . Cincmnall . CII)'l'I'..nd . 0..11.. . Denver. Detroit. Glude" CI1V, N.Y. H.rllord . K,lnus Clly . Los Angeles. M...m. . M,"".,tpul,. New 8,unlwlck, N J. . Now 'YOlk . pr\tlad(llphl." . Phoen.1 0 pntsburgn . Sill' Dleyo . 5.." F,.ncaseo . 5".1118 . SyH1CuSe . Washington, 0 C . Wtlllll "'1.,n1. N Y c L , , , .' " -. .,~ ~ :~,.~" ~" _0 . <:.-... ", ~_: " ,. t , .~:~. ..:: .~. / t / .... " ," " I , "l - - - - d\~"ir." L,. ., . -..'" :,' , " ,$~~~~i~r.' Ar~ration ...::r':f'-}.~<'~ . ~..: J:" -. . " ~." ' " it ,:'. ... ''', ;>'~;(:$,l~,~~,J ti '; -'i""'I'I..J.'2___'_~t~); A~~ociation\if~:;~~\~~~#; . ". t.!.(J.;~4C - .,' kj . . .j.~ t..)~ -<to, o . .}. "(' .~.~....t',~A'!~ ~-ijl~:i!i~' 1 In the Maller of lhe Arbilratioll between Moulder Bros.. Ceneral Contractors for Chino Pipeline -and- City of San Bernardino CLkDlANT : "and... RESPONDENT : CASE NUMBER: 72 110 0636 85 AWAnD OF AR8ITRATOR(S) I, (Y{II.). TUfj UNDERSIGNED ARBITRATOR(S), h3vinc been' dc~ign3tcl.l in accordance with d\c Arbiualion Agreement entered inlo by the abo\lc~namcd Pal1il:s. and having been duly sworn and ~aving duly heard the proofs and allegations or the Panics. AWARD aslollows: (A) [(I\] RESPONDENT shall pay to CLADlANT th~ sum of ~ '>';Hl-~ [ ] CLAIMANT shall pay to RESPONDENT the s_ of [ ] The claim of CLAIMANT against RES~ONDENT is denied. [ J RESPONDENT'S counterclaim against CLAIlWIT is- denied. (B) The administrative fees and expense. of the AMerican Arhitration Associa- tion shall be borne: J By the parties as incurred. ] Equally by the parties. IV'l1 By R.espondent. I J By ClaJ.naa.nt. (C) OTHER: ~ .....e /-,..-,- ').< ,..Ij,.... /Jcn. r ~'/' 9i~ f'- '., '. Th.1s Award is"1n full settlement of all claims (and countercla:1Jns) submitted by either party aga,1.nst the other in this aroltrat1on. ; ~~. ARBITRATOR VICTOR MICELI. 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