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CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: February 8, 2005

Subject/Title: Approve a Resolution accepting the work performed by Misan Construction, Inc. for the park improvements at Sunset Park Athletic Complex, CIP Project No. 522-5201, and direct the City Clerk to file a Notice of Completion with the County Recorder.

Prepared by: Janet Hansen, Park Planner

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
Approve a Resolution accepting the work performed by Misan Construction, Inc. for the park improvements at Sunset Park Athletic Complex, CIP Project No. 522-5201, and direct the City Clerk to file a Notice of Completion with the County Recorder.

PREVIOUS ACTION
The City Council approved Resolution No. 2211 at the regular meeting of December 12, 2000, amending the Sunset Park Master Plan and Expansion Project, CIP Project 522-5201 to finance the project from Quimby Fees which includes expenses for the development of a master plan.

The City Council authorized the City Manager to enter into agreement with Abey/Arnold Associates, Landscape Architects, to provide park master planning services for the 37-acre Sunset Sports Complex, CIP Project 522-5201, at the regular meeting on April 24, 2001. Additionally, City Council approved the formation of a subcommittee including City Council representatives, Park and Recreation Commission representatives, and user group representatives to work on the development of the conceptual design.

On November 27, 2001, City Council approved the concept master plan for Sunset Sports Complex as recommended by the Parks and Recreation Commission.

On March 12, 2002, City Council authorized the City Manager to enter into agreement with Abey/Arnold Associates, Landscape Architects, to provide construction document design services in the amount of $552,496, for the 37-acre Sunset Sports Complex, CIP Project No. 522-5201, and authorized the City Manager to approve change orders up to ten percent.

On May 13, 2003 City Council reviewed the construction documents for the Sunset Park Athletic Complex and directed staff to put the project out to public bid.

On July 8, 2003 City Council approved a resolution approving the contract documents for Sunset Park Athletic Complex, CIP Project No. 522-5201, and awarding contract to Misan Construction, Inc. in the amount of $7,148,000.00, approving an additional $400,000.00 to design and construct lighting for the balance of the complex, and authorizing the City Manager to execute the agreement and necessary documents and authorize change orders up to 10% of the contract amount.

On April 27, 2004 City Council approved a Resolution authorizing the City Manager to execute a change order in the amount of $407,798.00, which included a 10% contingency, for additional construction amenities at Sunset Park Athletic Complex, CIP Project No. 522-5201 per recommendations of the Sunset Park Athletic Complex Subcommittee.

On December 14, 2004 City Council approved a Resolution authorizing the City Manager to amend the agreement with Abey/Arnold Associates, Landscape Architects, to provide construction document design services for the 37 Acre Sunset Sports Complex, CIP Project No. 522-5201 in the amount of $26,500, and authorize the City Manager to approve change orders up to 10% of the contract amount.

BACKGROUND
The Sunset Park Athletic Complex project provided for the development of a sand based soccer field, three open turf soccer fields, two baseball fields with an overlaid soccer/football field, a “wheel” softball four-plex, an equestrian staging area and a trail connection north to the regional Marsh Creek Trail. The overall project also included two restroom/concession buildings, two parking lots, play environments for tots and school age children, tables/group picnic areas, barbeques, benches and landscaping including a bio-swale on the eastern edge of the project to create a natural buffer along the trail.

The authorized construction contract with Misan Construction, Inc. approved a bid amount of $7,148,000, an additional $400,000 to design and construct lighting for the balance of the complex, plus a 10% contingency bringing the initial contract total to $8,302,800.

In April 2004, a change order in the amount of $407,798. was authorized for additional construction amenities at the Sunset Park Athletic Complex. This change order authorized a total construction contract with Misan Construction, Inc. in the amount of $8,710,598.

The construction of contract work and related contingencies has amounted to $8,657,188 and has stayed within the authorized construction contract of $8,710,598 which included the 10% contingency.

The contractor, Misan Construction, Inc. has substantially completed all contract work, with the exception of the soccer scoreboard for the competition field (electrical work had been completed in this area prior to approving the funds for this additional work), and the landscaping and irrigation between the sidewalk and the existing Sunset Road. This work is being deleted from the contract and will be done in conjunction with the future Sunset Road improvements as development occurs to the south. The remaining construction deficiencies are being addressed through the punchlist process handled during the maintenance period.

Staff recommends City Council acceptance of this contract work. This action will allow the City Clerk to file the Notice of Completion with the County Recorder’s Office and allow staff to close out this CIP project.

Sunset Park Athletic Complex is scheduled for dedication and opening on March 5, 2005.

FISCAL IMPACT
Construction funding for the Sunset Park Athletic Complex is budgeted in the adopted 2004/05 – 2008/09 Capital Improvement Program, Sunset Park Master Plan and Expansion, CIP Project No. 522-5201. The total construction costs of $8,608,463 falls within the encumbered and approved contract total amount of $8,710,598.
Attachments:
Resolution
CIP Project No. 522-5201 Worksheet and 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 THE PARK IMPROVEMENTS AT SUNSET PARK ATHLETIC COMPLEX, CIP PROJECT NO. 522-5201, AND DIRECTING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, on July 8, 2003, the City Council of the City of Brentwood approved a Resolution approving the contract documents for Sunset Park Athletic Complex, CIP Project No. 522-5201, and awarded the contract to Misan Construction, Inc. in the amount of $7,148,000.00;

WHEREAS, the City Council of the City of Brentwood approved an additional $400,000.00 to light the balance of the Sunset Park Athletic Complex; and authorized the City Manager to execute the agreement and necessary documents and authorize change orders up to 10% of the contract amount; and

WHEREAS, on April 27, 2004 the City Council of the City of Brentwood approved a Resolution authorizing the City Manager to execute a change order for additional construction amenities in the amount of $407,798.00;

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Brentwood that the Sunset Park Athletic Complex, CIP Project No. 522-5201, 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 held on the 8th day of February 2005, by the following vote:

AYES: Councilmembers
NOES:
ABSENT:
_____________________________
Brian Swisher
Mayor
ATTEST:
__________________________________
Karen Diaz, CMC
City Clerk

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 July 8, 2003, enter into an agreement with Misan Construction, Inc. to construct Sunset Park Athletic Complex, CIP Project No. 522-5201, located at 655 Sunset Road in Brentwood.

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

On the 8th day of February 2005, 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 February 8, 2005.

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

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