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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: May 24, 2005

Subject/Title: Adopt a Resolution authorizing the City Manager to execute Contract Amendments with Mark Thomas & Company, Inc. and Top Grade Construction, Inc., for the completion of their work on Sand Creek Road, CIP Project No. 336-3061.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract amendment with Mark Thomas & Company in an amount of $81,809 for a total contract price of $674,035 and with Top Grade Construction in the amount of $261,273.87 for a total contract amount of $8,701,025 for the completion of their work on Sand Creek Road, CIP Project No. 336-3061.

PREVIOUS ACTION
On September 14, 1999, by Resolution No. 99-203, City Council authorized the City Engineer to sign a professional engineering design contract with Mark Thomas & Co., Inc. for the design of Sand Creek Road East, CIP Project No. 336-3061, east of the Union Pacific Railroad Crossing east to Sand Creek/O’Hara Loop.

On February 13, 2001, City Council authorized the City Engineer to execute a design contract change order with Mark Thomas & Company Inc. to expand the scope of the project for the Sand Creek Road East, CIP Project No. 336-3061.

On March 12, 2002, by Resolution No. 2482, City Council authorized the City Manager to execute a design change order with Mark Thomas & Co. for completion of design and construction bid documents on Sand Creek Road East, Union Pacific Railroad to Brentwood Boulevard, CIP Project No. 336-3061, and authorized the City Manager to approve change orders up to 10% of the contract amount.

On July 23, 2002, by Resolution No. 2624, City Council authorized the City Manager to award a contract for construction to Top Grade Construction, Inc. for Sand Creek Road East, CIP Project No. 336-3061 and execute change orders not to exceed 10% of the contract amount.

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 water lines, storm drains and sewer.

On April 8, 2003, City Council authorized the City Manager to execute a new Public Highway Crossing Agreement with the Union Pacific Railroad Company for Sand Creek Road East, CIP Project No. 336-3061.

BACKGROUND
Sand Creek Road is one of the major east-west corridors in the City of Brentwood between the Highway 4 Bypass and Brentwood Boulevard. This project has improved traffic circulation and emergency response, as well as the required utility services along this corridor to induce economic development in the east Brentwood area.

Due to unforeseen conditions during design and construction of this project, as well as delays, additional costs were incurred to accelerate the road opening. During the design process, coordination with Contra Costa County Flood Control, Department of Fish & Game and Union Pacific Railroad required more time than originally anticipated. Mark Thomas & Company, Inc. did an outstanding job working with these entities to keep the project moving; however, additional time and expense was required to do so. Top Grade Construction, Inc. accommodated sound wall modifications, installation of new sound walls and an accelerated schedule to expedite the road opening. The additional services indicated above brought the contracts over the allotted 10% contingency, by approximately 3%.

FISCAL IMPACT
The funds for this work are paid through facility fees as follows:

Roadway Improvements - $18,498,710; Developer Contributions - $216,400; Water Facility Funds - $2,423,800; and Sewer Facility Funds – $530,100 for a total project cost of $21,669,010.

Below are the increases being requested this evening for your approval:

Mark Thomas & Company, Inc. $ 81,809.00
Top Grade Construction, Inc. $ 261,273.87

Total Increase Requested $ 343,082.87

As you can see below, the additional funds being requested do not increase the overall budget for this project.

Current Budget $ 21,077,430.00
Increase Requested $ 343,082.87

New Project Budget $ 21,420,512.87

This new project budget of $21,420,512.87 falls within the proposed budget for 2005/06, of 21,669,010. With the approval of 2005/06 – 2009/10 CIP Budget on tonight’s agenda, no budget amendment will be required and funds will not be released to either Mark Thomas & Company, Inc. or Top Grade Construction, Inc. prior to the implementation of the new budget beginning on July 1, 2005.

Also on tonight’s agenda following this report, is a staff report for your approval, for the acceptance of the work performed by Top Grade Construction, Inc. for their portion of the work on Sand Creek Road East.

Attachments:
Resolution
Contract Amendments

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH MARK THOMAS & COMPANY, INC., IN THE AMOUNT OF $81,809 FOR A TOTAL CONTRACT AMOUNT OF $674,035 AND WITH TOP GRADE CONSTRUCTION, INC. IN AN AMOUNT OF $261,273.87 FOR A TOTAL CONTRACT AMOUNT OF $8,701,025 FOR THE COMPLETION OF THEIR WORK ON SAND CREEK ROAD, EAST, CIP PROJECT NO. 336-3061.

WHEREAS, On September 14, 1999, by Resolution No. 99-203, City Council authorized the City Engineer to sign a professional engineering design contract with Mark Thomas & Co., Inc. for the design of Sand Creek Road East, CIP Project No. 336-3061, east of the Union Pacific Railroad Crossing east to Sand Creek/O’Hara Loop; and

WHEREAS, On February 13, 2001, City Council authorized the City Engineer to execute a design contract change order with Mark Thomas & Company Inc. to expand the scope of the project for the Sand Creek Road East, CIP Project No. 336-3061; and

WHEREAS, on March 12, 2002, by Resolution No. 2482, City Council authorized the City Manager to execute a design change order with Mark Thomas & Co. for completion of design and construction bid documents on Sand Creek Road East, Union Pacific Railroad to Brentwood Boulevard, CIP Project No. 336-3061, authorized the City Manager to approve change orders up to 10% of the contract amount; and

WHEREAS, on July 23, 2002, by Resolution No. 2624, City Council authorized the City Manager to award a contract for the construction of Sand Creek Road East, CIP Project No. 336-3061 and execute change orders not to exceed 10% of the contract amount; and

WHERAS, 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 water lines, storm drains and sewer; and

WHERAS, on April 8, 2003, City Council authorized the City Manager to execute a new Public Highway Crossing Agreement with the Union Pacific Railroad Company for Sand Creek Road East, CIP Project No. 336-3061; and

WHEREAS, unforeseen conditions, as well as delays which incurred additional costs to accelerate the road opening, we are requesting contract amendments to cover the additional costs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that the City Manager is authorized to execute a contract amendment with Mark Thomas & Company in an amount of $81,809 for a total contract price of $675,035 and with Top Grade Construction in the amount of $261,273.87 for a total contract amount of $8,701,025 for the completion of their work on Sand Creek Road, CIP Project No. 336-3061.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 24th day of May 2005 by the following vote:

AMENDMENT SEVEN
TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
OF MARK THOMAS & COMPANY

This Amendment is entered into on May 24, 2005 by and between the City of Brentwood and Mark Thomas & Company.

WHEREAS, on the 14th of September 1999, the City of Brentwood entered into a contract with Mark Thomas & Company to obtain Professional Design Services and Construction Documents for Sand Creek Road, CIP Project 336-3061.

WHEREAS, on February 13, 2001, City Council authorized the City Engineer to execute a Design Contract Change Order with Mark Thomas & Company Inc. to expand the scope of the project for the Sand Creek Road East, CIP Project No. 336-3061.

WHEREAS, on March 12, 2002, by Resolution No. 2482, City Council authorized the City Manager to execute a Design Change Order with Mark Thomas & Co. for completion of design and construction bid documents on Sand Creek Road East, CIP Project No. 336-3061, and authorized the City Manager to approve change orders up to 10% of the contract amount.

NOW, THEREFORE, IT IS AGREED as follows:

1. The original contract with Mark Thomas & Company is amended by an additional $81,809 for a total contract amount of $674,035.
2. All other terms remain unchanged.

Mark Thomas & Company

By Dated:

City of Brentwood

By Dated:
Donna Landeros, City Manager

Attest:

By Dated:
Cynthia Garcia, Interim City Clerk

AMENDMENT ONE
TO THE
AGREEMENT WITH
TOP GRADE CONSTRUCTION, INC.

This Amendment is entered into on May 24, 2005 by and between the City of Brentwood and Top Grade Construction, Inc.

WHEREAS, on the 23rd of July 2002, the City of Brentwood entered into a contract with Top Grade Construction, Inc., for the construction of Sand Creek Road East, CIP Project No. 336-3061 and to execute change orders not to exceed 10% of the contract amount.

NOW, THEREFORE, IT IS AGREED as follows:

1. Section 1, of the original contract, entitled Contract Sum is amended to increase the contract amount by an additional $261,273.87, for a total contract amount of $8,701,025.
2. All other terms remain unchanged.

Top Grade Construction, Inc.

By Dated:

City of Brentwood

By Dated:
Donna Landeros, City Manager

Attest:

By Dated:
Cynthia Garcia, Interim City Clerk
 

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