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 CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: March 8, 2005

Subject/Title: Adopt a Resolution accepting the Work Performed by Soil Enterprises, Inc. for the Sand Creek Road Wetland Mitigation Ponds, as part of the Sand Creek Road Project, CIP Project No. 336-3061.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution accepting the work performed by Soil Enterprises, Inc. for the Sand Creek Road Wetland Mitigation Ponds, 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 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 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 September 23, 2003, 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 awarded the Construction Contract for the Sand Creek Road Screen Planting at the Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061.

On April 27, 2004, City Council approved a Resolution authorizing staff to execute necessary documents to the California Department of Fish and Game for the necessary Habitat Mitigation measures for the Sand Creek Road (East) Project, CIP Project No. 336-3061.

On July 27, 2004, by Resolution 2004-182, City Council accepted the Contract Documents and awarded the Construction Contract for the Sand Creek Road Wetland Mitigation Ponds, as part of the Sand Creek Road Project, CIP Project No. 336-3061, to Soil Enterprises, Inc. The Resolution authorized the City Manager to execute the agreement and necessary documents in the amount of $244,642.00 and granted the City Manager authority to execute change orders up to 10% of the contract amount.

BACKGROUND
The Sand Creek Road (East) Project among other things included the construction of a bridge over Marsh Creek and several storm drain outfalls into Marsh Creek. These improvements required a streambed alteration agreement from the California Department of Fish and Game (DFG) that conditioned the City to obtain and protect a ten-acre site and construct a one-acre wetland within the ten acres (mitigation). The City in conjunction with the SunCal Developer identified a suitable site adjacent to Dry Creek within the limits of the development and after approval by DFG staff the City acquired the property.

The City advertised the project for construction beginning Wednesday, June 23, 2004, and bids were opened on July 15, 2004. A total of 4 bids were received, the bids were reviewed and the lowest responsive, responsible bid was received from Soil Enterprises, Inc. Staff recommended the award of the construction contract for the Sand Creek Road Wetland Mitigation Ponds, as part of the Sand Creek Road Project, CIP Project No. 336-3061, to Soil Enterprises, Inc. for the amount of $244,642 plus 10% contingencies for a total contract amount of $269,106.20.

During Construction, the permit requirements and complex layout of the intra-pond structures required additional horizontal and vertical control and adjustments to the contract quantities of two bid items. Three Contract Change Orders with Soil Enterprises, Inc., with a combined value of $8,379.36 were executed by the City Manager on October 8, 2004.

The Project was completed at $16,084.84 UNDER the allotted contingency amount.

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 – 2008/09 for a total project cost of $21,700,400. This budgeted amount includes both Sand Creek Road (Central) (completed) and Sand Creek Road (East) for which construction is substantially complete.

There were sufficient funds to accommodate this wetland mitigation ponds contract in the amount of $244,642 plus $8,379.36 in change orders for a total project cost of $253,021.36 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 $21,700,400.

The Project was completed $16,084.84 UNDER the allotted contingency amount.

The annual maintenance cost is estimated at $700 a year. This cost will be funded by Landscaping and Lighting District No. 99-5.

Attachments:
Resolution
Notice of Completion
Site Map
CIP Budget Sheet

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE WORK PERFORMED BY SOIL ENTERPRISES, INC. FOR THE SAND CREEK ROAD WETLAND MITIGATION PONDS, 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.

WHEREAS, on July 27, 2004, City Council approved Resolution No. 2004-182, which approved the Contract Documents and awarded the Construction Contract for the Sand Creek Road Wetland Mitigation Ponds, as part of the Sand Creek Road Project, CIP Project No. 336-3061, to Soil Enterprises, Inc. and authorized the City Manager to execute the agreement and necessary documents in the amount of $244,642, and granted the City Manager authority to execute change orders up to 10% of the contract amount, and

WHEREAS, on October 8, 2004, the City Manager executed three (3) Contract Change Orders with a combined value of $8,379.36, with Soil Enterprises, Inc. for additional survey control and contract quantity adjustments, and

WHEREAS, the work including the final punchlist and 90-day maintenance period was completed in February 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 Soil Enterprises, Inc. for Sand Creek Road Wetland Mitigation Ponds, 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 8th day of March 2005 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 27th day of July 2004 enter into an agreement with Soil Enterprises, Inc., for Sand Creek Road Wetland Mitigation Ponds, as part of the Sand Creek Road Project, CIP Project No. 336-3061.

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

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

By: __________________________
Cynthia Garcia, Interim City Clerk
City of Brentwood, California

City Administration
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