TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Notice of Completion - Project No. SD223 - Storm Drain Rehab FY2021-22 Mountain Avenue at Chino Avenue.
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RECOMMENDATION
1) Accept the Storm Drain Rehabilitation FY 2021-22 Mountain Avenue at Chino Avenue Project (SD223), with Bonadiman Water, Inc., Riverside, CA, Contract No. 2023-093, as complete; 2) authorize the Director of Public Works to File the Notice of Completion; and 3) authorize the release of the retention funds following the 35-day lien period.
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FISCAL IMPACT
The construction contract was completed within the Council-approved budget for project SD223. See contract reconciliation on next page.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
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Revenue: Click or tap here to enter text. |
Expenditure: 5407360-48005/48006-SD223 |
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Transfer In: Click or tap here to enter text. |
Transfer Out: Click or tap here to enter text. |
BACKGROUND
On June 21, 2022, City Council awarded a construction contract to Bonadiman Water Incorporated (BWI), Riverside, CA in the amount of $1,196,690 for the Storm Drain Rehabilitation FY2021-22 Mountain Avenue at Chino Avenue Project (SD223). Additionally, the City Council authorized expenditures of up to $119,669 for project contingencies, bringing the total construction contract to a total not to exceed amount of $1,316,359.
During construction, numerous unforeseen utility interferences were encountered requiring significant adjustments to be made to the project scope, requiring additional funding, and delaying completion. To allow for the project to continue without further impacting the budget, paving work that was intended to be completed under this storm drain contract will be included in a future capital improvement project.
On May 2, 2023, City Council approved Construction Contract Change Order No. 2 to BWI in the amount of $277,160 for a revised total contract amount of $1,402,850. Construction Contract Change Order No. 2 compensated the contractor for installation of ten (10) additional water crossings, extra shoring, and additional quantities of storm drainpipe due to relocation of a manhole caused by utility conflicts.
All improvements within the final project scope have been successfully constructed. The completed work included installing 18”, 24”, and 36” reinforced concrete pipe (RCP) on Chino Ave from Mountain Avenue to Bunker Hill Place; associated utility relocations and trench repair; new plain cement concrete (PCC) curb ramps; crosswalk and paving grade adjustment on the north side of Chino Avenue crossing Mountain Avenue; as well as PCC sidewalk, and street striping.
ISSUES/ANALYSIS
All work has been completed per the terms of the original contract and approved change orders. The following is a summary of the final accounting of construction costs for the project.
The total construction contract change order amount is $210,990.54 (14% of the total contract). Ten percent is generally considered within the normal range of changed conditions on a Public Works construction projects and, by providing change order authority upfront, Council helps to reduce the possibility of delay on a construction project.
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SD223 |
Contract |
Contingency |
|
Original Construction Contract Amount |
$1,196,690.00 |
$119,669.00 |
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Contract Change Order No. 1 |
(-$71,000.00) |
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|
*Contract Change Order No. 2 |
$277,160.00 |
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Contract Change Order No. 3 |
$106,210.54 |
(-$106,210.46) |
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Contract Change Order No. 4 |
(-$101,380.00) |
$101,380.00 |
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Final Contract & Contingency Balance |
$ 1,407,680.54 |
$114,838.54 |
*Contract Change Order No. 2 increased the contract amount by $277,160 and contingency was not used.
As noted, the project schedule was delayed due to unforeseen utility interferences and coordination with the utility owners to relocate those facilities. The original schedule anticipated work to be completed in 60 working days, however, BWI spent 235 working days to complete the project. BWI alleged the delay incurred costs totaling $235,000. On May 7, 2024, during a closed session, Council approved a settlement for $115,000, as reported out by the City Attorney following the closed session. BWI has agreed to the settlement amount and a Settlement Agreement and Release of All Property Damage Claims was drafted by the City Attorney and executed between the City and BWI on June 19, 2024.
Bonadiman Water Incorporated, Riverside, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office and the retention funds will be released following the 35-day lien period.
Attachments: Exhibit A: SD223 Location Map
Exhibit B: Before & After Pictures
Exhibit C: Notice of Completion - BWI