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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: June 22, 2004

Subject/Title: Approve a Resolution accepting the work performed by S.J. Amoroso Construction Co., Inc., and Pacific Mechanical Corporation, a Joint Venture for the construction of the Wastewater Treatment Plant Expansion, CIP Project No. 592-5911.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution accepting the work performed by S.J. Amoroso Construction Co., Inc., and Pacific Mechanical Corporation, a Joint Venture for the construction of the Wastewater Treatment Plant Expansion, CIP Project No. 592-5911, and direct the City Clerk to file a Notice of Completion with the County Recorder.

PREVIOUS ACTION
On November 24, 1998, by Resolution No. 98-209, City Council approved the certification of the Environmental Impact Report for the Wastewater Treatment Plant Expansion with Discharge to Marsh Creek.

On February 9, 1999, by Resolution 99-58, City Council directed staff to proceed with the design of the tertiary sewage treatment plant expansion.

On March 9, 1999, by Resolution No. 99-72, City Council adopted the Mitigation Monitoring Plan and Findings of Fact for the City of Brentwood Wastewater Treatment Plant Expansion with Discharge to Marsh Creek and directed Staff to file a Notice of Determination (NOD) with the Contra Costa County Clerk's Office.

On March 23, 1999, by Resolution No. 99-77, City Council approved the agreement between G.S. Dodson & Associates, Consulting Engineers, and the City of Brentwood to provide professional design services for the Wastewater Treatment Plant Expansion project.

On June 8, 1999, by Resolution No. 99-146, City Council approved the agreement between Camp Dresser & McKee, Inc. and the City of Brentwood to provide value engineering services for the Wastewater Treatment Plant Expansion including, but not limited to, reviews and design reports at the 10% and 50% design stage.

On December 14, 1999, by Resolution No. 99-255, City Council approved the agreement between The Covello Group, Inc. and the City of Brentwood to provide construction management services for the Wastewater Treatment Plant Expansion project.

On April 25, 2000, by Resolution No. 2060, City Council designated John Stevenson and Paul Eldredge as the City’s authorized representatives to the State Water Resources Control Board’s State Revolving Fund Loan Program.

On May 23, 2000, by Resolution No. 2083, City Council authorized the City Engineer to enter into an agreement with the United States Geological Survey (USGS) for the installation of a gauging station on Marsh Creek.

On June 27, 2000, City Council awarded the construction contract for the Wastewater Treatment Plant Expansion, CIP Project No. 592-5911, to S.J. Amoroso Construction Co., Inc. and Pacific Mechanical Corporation, a Joint Venture.

On July 11, 2000, City Council approved the agreement between G.S. Dodson & Associates, Consulting Engineers, and the City of Brentwood to provide Office Engineering Services During Construction of the Wastewater Treatment Plant Expansion, CIP Project No. 592-5911.

BACKGROUND
The City of Brentwood has owned and operated a 2.2 million gallon per day (mgd) wastewater treatment facility to accommodate the wastewater treatment needs of the City since incorporation in 1948. Planning for a new facility began in the mid 1990’s as the City of Brentwood knew the existing plant would need to be modified or replaced to accommodate the anticipated future flows as well as the more stringent discharge requirements from the Regional Water Quality Control Board (RWQCB). It was determined through the planning process that it would not be cost effective to upgrade and expand the existing plant due to the fact that portions of the plant dated back to the 1940’s and were past their life expectancy. The effluent disposal method relied upon factors outside the City’s control and the hydraulics of the plant and surrounding site would minimize the amount of hydraulic efficiency of the plant. Therefore, the City of Brentwood decided to build a brand new facility adjacent to the old plant.

The Wastewater Treatment Plant Expansion project included the planning of a 10 million gallon per day (mgd) wastewater treatment facility and the design and construction of a 5 mgd facility. The State Revolving Fund (SRF) loan the City received from the State Water Resources Control Board included a new headworks, denitrification basin, oxidation ditches, secondary clarifiers, tertiary filters, chlorine contact basin, operations and chemical storage buildings, as well as the demolition of the existing plant once the new facility was online and operational.

The City Council awarded the construction contract in June of 2000 and the new facility was placed into operation in August of 2002 and has been in continuous operation since. The overall contract completion date was January of 2003; however, several project enhancements were added to the scope thus extending the contract completion date to the spring of 2003. Since the spring of 2003, City staff has been encouraging the contractor to complete the remaining items of work and closeout the project. Although this was a complex project and there were a substantial number of subcontractors and suppliers involved, staff felt that this process had extended beyond what would be considered a reasonable time frame. As a part of the project closeout, staff has negotiated a global settlement with the contractor that includes a cash payment to the City of $260,000 to cover unanticipated expenses incurred by the City during this project closeout period.

The contractor has met all the contractual requirements to accept the work. This acceptance by City Council is an administrative action necessary to formally close the project.

FISCAL IMPACT
The funding for this project was a combination of assessment district proceeds, facility fees as well as a loan from the State Water Resources Control Board. The repayment of this loan has been accounted for in the Development Fee Program as well as the Sewer Enterprise Account and has a 20 year repayment period. Adequate funding for the operations and maintenance of this facility has been accounted for in the operating budget for the facility as well as the Enterprise budget and rate structure.

The total budget amount for this project as depicted in the 04/05 – 08/09 CIP budget program is $48,252,500, of which $46,690,812.57 has been spent to date. There is still approximately $287,000 of expenditures remaining to be paid that range from the final payment to the contractor, to administrative costs associated with the project closeout. However, all of these remaining expenditures were anticipated and do not constitute additional project costs over and above what was budgeted and approved previously. Once completed the overall project budget shall reflect a remaining amount of approximately $1,274,687.43, or in other words the project is under budget by $1,274,687.43. This is primarily due to the fact that change orders during construction were only 2.03% of the total contract amount, which is directly attributable to the competency of the Design Engineer (Ms. Jenny Skrel) and the outstanding and diligent performance by the on-site Construction Manager (Mr. Ken Sinclair) and the inspection team. Please note, however, that the change order percentage above does not reflect the reimbursement from the contractor of $260,000. By incorporating this reimbursement, the overall contract change order percentage is reduced to 1.37% of the total contract amount.

Attachments:
Resolution
Notice of Completion
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO ACCEPT THE WORK PERFORMED BY S.J. AMOROSO CONSTRUCTION CO., INC., AND PACIFIC MECHANICAL CORPORATION, A JOINT VENTURE FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT EXPANSION, CIP PROJECT NO. 592-5911 AND DIRECT THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, on June 27, 2000, City Council awarded the construction contract for the Wastewater Treatment Plant Expansion, CIP Project No. 592-5911, to S.J. Amoroso Construction Co., Inc. and Pacific Mechanical Corporation, a Joint Venture; and

WHEREAS, the contractor has met all the contractual requirements to accept the work and this acceptance is an administrative action necessary to formally close the project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that the Wastewater Treatment Plant Expansion, CIP Project No. 592-5911, is hereby accepted.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to file a Notice of Completion with the County Recorder for the project.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of June 2004 by the following vote:

RECORDING REQUESTED BY
CITY OF BRENTWOOD

WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF BRENTWOOD
150 City Park Way
BRENTWOOD, CA 94513

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN THAT:

THE CITY OF BRENTWOOD, a general law city, in the County of Contra Costa, State of California, did, on June 27, 2000, enter into an agreement with S.J. Amoroso Construction Co., Inc., and Pacific Mechanical Corporation, a Joint Venture for the construction of the Wastewater Treatment Plant Expansion, CIP Project No. 592-5911; located at 325 Sunset Road in Brentwood, California.

The work described in the contract documents was to furnish all material, labor, and equipment necessary to complete the said project.

On June 22, 2004 the said contract, as a whole was completed and the work was accepted by the City Council of the City of Brentwood.

I hereby certify under penalty of perjury that the facts set forth in the foregoing Notice of Completion are true and correct.

Executed at Brentwood, Contra Costa County, State of California, on June 22, 2004.

By: __________________________
Karen Diaz, City Clerk
City of Brentwood, California
 

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