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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: May 24, 2005

Subject/Title: Adopt a Resolution accepting the Work Performed by Top Grade Construction, Inc., for the Sand Creek Road East, CIP Project No. 336-3061.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution accepting the work performed by Top Grade Construction, Inc. for the Sand Creek Road East, CIP Project No. 336-3061 and direct the City Clerk to file a Notice of Completion with the County Recorder.

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 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 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.

This project consisted of the construction of a new roadway between Minnesota Avenue and the existing Sand Creek Road adjacent to Brentwood Boulevard, three pedestrian undercrossings, a free spanning bridge over Marsh Creek, wet and dry utilities, an at grade crossing of the Union Pacific Railroad, soundwalls and the rerouting and connection of the East Bay Regional Park trail along Marsh Creek. These improvements have been constructed in conformance with the approved plans and specifications, submittals and the approved changes in scope.

Due to unforeseen conditions during the construction of this project and delays beyond the reasonable control of the City or Top Grade Construction, Inc. additional costs were incurred to accelerate the road opening to the public. In addition to the acceleration costs, additional scopes of work were added during construction such as the addition of masonry soundwalls. To accommodate these additional costs staff has requested contract amendments under a separate Council action previously on tonight’s agenda. The additional services indicated above brought the contract 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.

The final contract amount for Top Grade Construction, Inc. is $8,701,025 which is approximately 13% above the original contract amount. This total contract amount is well within the budget proposed for 2005/06 ($21,669,010). With the approval of 2005/06 – 2009/10 CIP Budget on tonight’s agenda, no budget amendment will be required to accommodate this final contract amount and the City must wait a minimum of 30 days after the filing of the notice of completion prior to making the final payment to Top Grade Construction, Inc. This predetermined waiting period coincides with the new budget beginning on July 1, 2005, thus all final payments will count against this new budget.

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 TOP GRADE CONSTRUCTION, INC., FOR THE SAND CREEK ROAD EAST, CIP PROJECT NO. 336-3061 AND DIRECT THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

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 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.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that the work performed by Top Grade Construction, Inc. for Sand Creek Road East Project, 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 24th day of May 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 23rd day of July 2002 enter into an agreement with Top Grade Construction, Inc., for Sand Creek Road East, 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 24th day of May 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 May 24, 2005.

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

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