Governing Board A. CALL TO ORDER (5:30 p.m. ... - Chaffey College

AGENDA ITEM
Chaffey Community College District
GOVERNING BOARD
TOPIC APPROVAL: PARTIAL RELEASE OF RETENTION,
CHAFFEY COLLEGE CHINO MAIN INSTRUCTIONAL BUILDING
Communication No. IV.F.3.b
SUPPORTS BOARD ENDS STATEMENT/POLICY
Supports and complies with policies 1.4.2 Conflict of Interest/Principles, 6.2.6 Purchasing,
6.2.7 Contracts, 6.3.4 Capital Construction, and 8.3.1 College Facilities.
PROPOSAL
June 26, 2008
Board MeetingDate
To authorize the district to issue and execute all necessary documents for the Chaffey College Chino Main
Instructional Building Project to reduce the amount of retention withheld from 10 percent to 5 percent, in
accordance with the terms and conditions of Contract No. 06P98 with Bernards Bros., Inc. (“Bernards”), of San
Fernando, California, for the reasons set forth below.
BACKGROUND
On July 11, 2006, the Governing Board authorized the letting of Contract 06P98 to Bernards for the
construction of the Chaffey College Chino Main Instructional Building Project.
The architect, MDA Johnson Favaro, LLP, duly inspected the work and determined that the construction of the
new facility and all other major building systems were fully operational, commissioned, and functioning per the
contract requirements on April 22, 2008, the date of substantial completion.
Contract 06P98 requires the district to withhold 10 percent retention. Per the contract general conditions, with
the Governing Board’s approval, the district may reduce retention from 10 percent to 5 percent, provided that
substantial completion with an approved punchlist has been achieved. California Public Contract Code
Section 9203 provides that the district’s Governing Board has the discretion to approve such a reduction in the
amount of retention withheld if it finds that the project is more than 50 percent complete and satisfactory
progress is being made. Section 9203 requires the district to withhold all remaining retention until final
completion and acceptance of the project by the Governing Board.
The district recommends that the Governing Board authorize the district to execute all necessary documents
with Bernards to reduce the percent of retention withheld from 10 percent to 5 percent for the following
reasons: (1) the project is over 50 percent complete and satisfactory progress has been and is being made
towards final completion; (2) within the 5 percent in retention funds proposed to remain withheld, the district will
withhold 125 percent of the value of any unprocessed or unpaid change order amounts, any outstanding
punchlist work, and disputed items, if any, which will ensure sufficient funds remain to complete the project and
a notice of completion filed; and (3) final completion and acceptance of the project, including all punchlist work
and outstanding items, is subject to the Governing Board’s approval.
BUDGET IMPLICATIONS
Funding Source – Measure L bond funds, Project 8.4. Total project budget is $37,100,818.
Status of Funds – Retention funds are available and set aside in an escrow account.
Future Implications – N/A.
21 6/26/08 Regular Board Meeting