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File #: 12777   
Type: Consent Status: Passed
File created: 8/29/2025 Department: Public Works-Special Districts
On agenda: 9/9/2025 Final action: 9/9/2025
Subject: Amendment to Construction Contract for the Prado East Wells Project
Attachments: 1. CON-PW-SD 090925 Prado East Wells Project - Contract Amendment, 2. Item #53 Executed BAI, 3. 24-1252 A-1 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          September 9, 2025

 

FROM

NOEL CASTILLO, Director, Department of Public Works – Special Districts

BEAHTA R. DAVIS, Director, Regional Parks Department 

         

SUBJECT                      

Title                     

Amendment to Construction Contract for the Prado East Wells Project

End

 

RECOMMENDATION(S)

Recommendation

Approve Amendment No. 1 to Contract No. 24-1252 with Canyon Springs Enterprises for the Prado East Wells Project to authorize necessary additional work for the addition of safety bollards, increasing the contract amount by $15,669.01, from $575,299.13 to $590,968.14, and extending the contract duration by 120 calendar days, from 120 calendar days to a total of 240 calendar days (Four votes required).

(Presenter: Noel Castillo, Director, 387-7906)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Ensure Development of a Well-Planned, Balanced, and Sustainable County.

Operate in a Fiscally-Responsible and Business-Like Manner.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of Discretionary General Funding (Net County Cost).  On December 17, 2024 (Item No. 102), the Board of Supervisors (Board) approved the use of $989,570 from the Chino Agricultural Preserve Fund for the Prado East Wells Project (Project).  The total allocations of $989,570 include $589,600 for construction and construction contingency, and $399,970 for project management, design services, inspection services and other project related costs.  Sufficient appropriation for the Project is included in the County Service Area 70 – Countywide Capital Improvement Program budget (3604) and will be included in future recommended budgets as needed. 

 

BACKGROUND INFORMATION

On December 17, 2013 (Item No. 64), the Board adopted Resolution No. 2013-241 to declare 165.30 acres of County-owned dairy properties in the City of Chino as surplus and authorized holding a public auction to sell 60.65 acres (Assessor’s Parcel Numbers (APNs) 0218-301-01- 0000, 0218-301-05-0000, 0218-301-06-0000, 0218-301-07-0000, 0218-301-12-0000, 0218-301- 14-0000, 0218-301-15-0000, 0218-301-22-0000, 0218-301-25-0000, 0218-301-26-0000, 1055- 081-01-0000, and 1055-081-02-0000) of this land. At that time, the Board also authorized the conveyance of the remaining 104.65 acres to Watson Land Company (Watson) in exchange for $6,364,000 and the conveyance of 271.66 acres of vacant land to the County by Watson. Most of the surplus dairy land was originally acquired by the County with grant funds under Proposition 70. However, a 4.78-acre portion of the 60.65 acres was purchased with a grant from the United States Department of Agriculture (USDA) in the amount of $100,000.

 

On June 24, 2014 (Item No. 74), the Board approved the highest bid received at the auction held on March 19, 2014, from Watson to purchase the 60.65 acres for $15,335,000. The County and Watson entered into Purchase and Sale Agreement and Escrow Instructions for Auction Sales, Contract No. 14-429 (Contract). Subsequently, escrow was opened, with the close of escrow contingent on the County’s removal of a Deed Restriction associated with the USDA Grant (USDA Deed Restriction).

 

The USDA Deed Restriction provides that the property is restricted to agricultural operations, including the growing of food, dairy operations, growing of fiber and feed for animals, and cattle operations. The USDA Deed Restriction also provides that the land shall not be converted to non-agricultural use and includes a contingent right of enforcement in the United States.

 

Over the ensuing years, County staff has worked closely with USDA Natural Resources Conservation Service (NRCS) staff to remove the USDA Deed Restriction and establish an Agricultural Land Easement (Easement), which is the instrument that will replace the USDA Deed Restriction, on a 11.22-acre portion of County-owned land (APN 1057-212-17-0000) located on Hellman Avenue in the City of Chino and at the north end of the 271.66 acres. However, the USDA requires that this replacement location be irrigated. The property currently does not have municipal water, but instead has two on-site wells.

 

The Project proposes to rehabilitate Well No. 3, install pumping equipment, a tank, and an underground pipeline that will allow for the irrigation of the future Easement area.

 

On September 24, 2024 (Item No. 60), the Board determined the Project was exempt under California Environmental Quality Act and directed the Department to file and post said notice. The Board also approved the Project’s plans and specifications and authorized the Director of the Department to advertise the Project for competitive bids.

 

On December 17, 2024 (Item No. 102), the Board approved Contract No. 24-1252 with Canyon Springs Enterprises in the amount of $536,000 for construction of the Prado East Wells Project.  The Board also authorized the Director of the Department of Public Works to order any necessary changes or additions to the work in an amount not-to-exceed $53,600, pursuant to Public Contract Code Section 20142.

 

Subsequently, the Director approved the following administrative change orders:

 

  • Change Order No. 1 (April 2, 2025): $4,252.52, increasing the contract to $540,252.52;
  • Change Order No. 2 (April 30, 2025): $33,625.38, increasing the contract to $573,877.90; and
  • Change Order No. 3 (July 14, 2025): $1,421.23, increasing the contract to $575,299.13.

 

Amendment No. 1 proposes to increase Contract No. 24-1252 by $15,669.01 from $575,299.13 to $590,968.14 and extend the construction duration from 120 calendar days to 240 calendar days.  Pursuant to Public Contract Code Section 20137, the Board may authorize, upon four-fifths vote, any change or alternation of a construction contract which may increase the cost not to exceed ten percent of the original contract amount. 

 

Amendment No. 1 proposes the installation of safety bollards around Southern California Edison’s equipment to prevent potential vehicle damage. These safety bollards were not anticipated when the contract was initially executed.  Their installation are essential to ensure the Project is completed in accordance with design requirements, safety standards, and operational needs.

 

PROCUREMENT

N/A

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Aaron Gest, and Suzanne Bryant, Deputies County Counsel, 387-5455) on August 6, 2025; and County Finance and Administration (Amanda Trussell, Principal Administrative Analyst, 387-4773, and Elias Duenas, Administrative Analyst, 387-4052) on August 22, 2025.