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CITY COUNCIL AGENDA ITEM NO. 27

Meeting Date: December 14, 2004

Subject/Title: Approve a Resolution accepting the Work Performed by Misan Construction, Inc. for the Sand Creek Road Screen Planting at Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution accepting the work performed by Misan Construction, Inc. for the Sand Creek Road Screen Planting at Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061, and direct the City Clerk to file a Notice of Completion with the County Recorder.

PREVIOUS ACTION
On May 28, 2002, by Resolution 2549, City Council adopted the 2002/03 – 2006/07 Capital Improvement Program that included the Sand Creek Road (East) Project, CIP Project No. 336-3061.

On July 23, 2002, City Council authorized the City Manager to sign a construction contract with Top Grade Construction, Inc. for the construction of Sand Creek Road (East), CIP Project No. 336-3061, from east of Minnesota Avenue to just west of Brentwood Boulevard, crossing the Union Pacific Railroad.

On September 10, 2002, City Council authorized City staff to temporarily close the Sand Creek Road/O’Hara Avenue Loop, from just west of Brentwood Boulevard to just north of Central Boulevard, for a four-week period, for the construction of Sand Creek Road (East), CIP Project No. 336-3061, to install utilities including potable and non-potable waterlines, storm drains, and sewer.

On March 11, 2003, City Council authorized City staff to temporarily close the Sand Creek Road/O’Hara Avenue Loop from Brentwood Boulevard to Central Boulevard for two, two-week periods, for the Sand Creek Road (East), CIP Project No. 336-3061 to install and later remove the temporary shoofly.

On May 27, 2003, by Resolution No. 2868, City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the revised Sand Creek Road (East) Project, CIP Project No. 336-3061.

On September 23, 2003, City Council authorized the City Manager to execute a contract change order with Concrete Science, Inc. for special structural and construction materials support for the Sand Creek Road (East), CIP Project No. 336-3061, in the amount of $16,000, and authorized the City Manager to approve change orders up to 10% of the revised total contract amount of $65,000.

On February 24, 2004, City Council authorized the City Manager to execute a Professional Services Agreement for The Covello Group, Inc., to provide project management assistance during the construction of the Sand Creek Road (East) Project, CIP Project No. 336-3061 and associated mitigation and landscaping projects, and also authorize the City Manager to approve change orders up to 10% of the contract amount.

On March 23, 2004, City Council approved Resolution No. 2004-66 awarding the construction contract for the Sand Creek Road Screen Planting at Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061, to Misan Construction, Inc. and authorized the City Manager to execute the agreement and necessary documents in the amount of $50,675, and granted the City Manager authority to execute change orders up to 10% of the contract amount.

On May 25, 2004, by Resolution 2004-113, City Council approved the 2004/05 – 2008/09 Capital Improvement Program, including the current budget for the Sand Creek Road (East) Project, CIP Project 336-3061.

BACKGROUND
The work for this project consisted of landscape screening including an irrigation system and mulch groundcover on the west side of the railroad tracks to minimize any potential visual and noise impacts to the adjacent residents associated with the at grade road crossing of the railroad tracks. The work consisted of the installation of an irrigation system and the planting of 24” box trees and some ground cover to provide an immediate benefit to adjacent residents. Installing the typical 15-gallon size trees would have required several years’ growth to reach the immediate benefit of the installed 24” box size.

Due to unforeseen conditions during construction, one change order was issued in the amount of $5,000 to the Contractor to assist in the integration of this project with future landscaping and flatwork improvements along Sand Creek Road.

The Contractor completed all punch list items in September and now the project is ready for final acceptance.

FISCAL IMPACT
The funds for this work are paid for through facility fees, which are included in the existing budget as approved by this year’s Capital Improvement Program 2004/05 as follows: Roadway Improvements - $18,746,500; Development Water Facility Funds - $2,423,800, and Development Sewer Facility Funds - $530,100, for a total project cost of $21,077,430. This budgeted amount includes both Sand Creek Road (Central) (completed) and Sand Creek Road (East) (substantially completed).

The original construction contract for Sand Creek Road Screen Planting was $50,675, with a 10% contingency of $5,067, funded through facility fees per the approved City Budget. This original contingency was used to cover the following field changes:

Minor grading to aid in the integration of this project $ 5,000
with future landscaping and flatwork improvements
along Sand Creek Road

There are sufficient funds to accommodate this landscaping contract in the amount of $50,675 plus the 10% contingency in the overall budget and more specifically in the category of Construction. The addition of this contract to the project will not require the amendment of the overall budget of $21,077,430. The project was completed under the allotted contingency.

The annual maintenance cost is estimated at $595 a year. This cost will be funded by Landscaping and Lighting District No. 99-3.

Attachments:
Resolution
Site Map
Notice of Completion

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE WORK PERFORMED BY MISAN CONSTRUCTION, INC. FOR SAND CREEK ROAD SCREEN PLANTING AT THE RAILROAD, CIP PROJECT NO. 336-3061, AND DIRECT THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, on March 23, 2004, City Council Approved Resolution No. 2004-66 awarding the construction contract for the Sand Creek Road Screen Planting at Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061, to Misan Construction, Inc., authorized the City Manager to execute the agreement and necessary documents in the amount of $50,675, and granted the City Manager authority to execute change orders up to 10% of the contract amount, and

WHEREAS, on August 19, 2004, City Manager executed a Contract Change Order in the amount of $5,000 with Misan Construction, Inc. for minor grading to aid in the integration of this project with future landscaping and flatwork improvements along Sand Creed Road west of the railroad tracks, and

WHEREAS, the work including the final punchlist and 90-day maintenance period was completed in September of 2004 and is now ready for acceptance.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that the work performed by Misan Construction, Inc. for Sand Creek Road Screen Planting, CIP Project No. 336-3061, 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 this project.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 14th day of December 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 the 23rd day of March 2004 enter into an agreement with Misan Construction, Inc., for Sand Creek Road Screen Planting, CIP Project No. 336-3061. Work included the installation of landscape screening including irrigation and mulch groundcover on the west side of the railroad tracks to minimize any potential visual and noise impacts to the adjacent residents associated with the road crossing of the elevated railroad tracks.

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

On the 14th day of December 2004, 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 December 14, 2004.


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

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