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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: October 11, 2005

Subject/Title: Adopt a Resolution approving, and authorizing the City Manager to execute, a change order with Bay Cities Paving & Grading, Inc. for repair and resurfacing of the Brentwood Center parking lot in an amount not to exceed $392,477.55, and to authorize the City Manager to execute change order contingencies up to 10% in an amount not to exceed $39,247.76, for a total not to exceed $431,725.31.

Prepared by: Craig D. Bronzan, Director of Parks and Recreation
Pam Ehler, Director of Finance and Information Services
Paul Zolfarelli, Director of Public Works

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

RECOMMENDATION
Approve, and authorize the City Manager to sign, a change order in the amount of $392,477.55 with Bay Cities Paving & Grading, Inc, with a 10% contingency not to exceed $39,247.76 for a total not to exceed $431,725.31.

PREVIOUS ACTION
On September 13, 2005, by Resolution 2005-218 Council approved the contract documents and awarded the construction contract for the 2004/05 Pavement Management Program, CIP Project No. 336-3083, to Bay Cities Paving & Grading, Inc. and authorized the City Manager to execute the agreement and necessary documents in the amount of $643,221.50, plus a 10% contingency, for a total amount of $707,543.65.

BACKGROUND
The City of Brentwood is a property owner in the Brentwood Center shopping center. The City’s ownership consists of the Brentwood Technology Center and leasing space to Los Medanos College for a satellite education center. As the largest property owner in the center, the City serves as property manager for the Center.

The Center’s parking lot is in urgent need of repair and resurfacing. Failure to perform this work before the rains begin this year will likely result in a total failure of the pavement surface and sub grade. That would create significant liability and future expenditure for the owners of the Center, including the City.

In order to accomplish this work as quickly as possible, the City is recommending that a change order be approved to incorporate the repair and resurfacing of the Brentwood Center parking lot into the Pavement Management Program (PMP) contract with Bay Cities Paving and Grading, Inc. This work would be performed concurrent with the Pavement Management Program work, providing a potentially significant savings over bidding and managing this work as a separate project.

Bay Cities has estimated the repairs and resurfacing of this parking lot to be $392,477.55.

The Center owners will share in the cost of repairing and paving the parking lot. City staff met with the property owners of the Center on Wednesday, October 5, 2005, at which time the property owners agreed to contribute their share (based on percentage of ownership of the center) of the costs and asked the City Council to approve and execute the change order in hopes of getting the work completed prior to winter.

Bay Cities' estimate includes approximately $41,880 worth of sub grade sanitary sewer work that will be paid for by the owners of Speedy Lube, Round Table Pizza and McDonalds, Inc. The estimate also includes approximately $15,145 for requested surface changes (relocation/removal of planters) that will be paid for by Speedy Lube and McDonalds. This brings the total pavement cost down to $335,452.55.

FISCAL IMPACT
The budget for the Pavement Management Program, CIP #336-3083 needs to be amended to reflect the increase of $392,477.55 for the Brentwood Center parking lot, plus a “not to exceed" $39,247.73 for contingencies. The cost is based on a proposal from Bay Cities Paving and Grading, Inc. which is currently under contract for related pavement management work. This is a one-time charge and will be funded by the Building Replacement Fund. A budget amendment in the amount of $392,477.55 plus $39,247.76 will be required to the Building Replacement Fund. Although the City is responsible for $139,112.18 ( 37.7% of the cost associated with the work), Brentwood Center property owners will be required to repay the City the remaining $292,613.13, plus interest accrued monthly at the current LAIF rate, beginning January 1, 2006. Funds will be transferred from the General Fund in an amount sufficient to reimburse the Building Replacement Fund for interest that would have been earned through January 1, 2006.

Attachments:

Resolution
Change order

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A CHANGE ORDER WITH BAY CITIES PAVING AND GRADING, INC. FOR REPAIR AND RESURFACING OF THE BRENTWOOD CENTER PARKING LOT IN THE AMOUNT NOT TO EXCEED $392,477.55 WITH A TEN PERCENT (10%) CONTINGENCY IN AN AMOUNT NOT TO EXCEED $39,247.76 FOR A TOTAL NOT TO EXCEED AMOUNT OF $431,725.31.

WHEREAS, On September 13, 2005, by Resolution 2005-218 City Council approved the contract documents and awarded the construction contract for the 2004/05 Pavement management Program, CIP Project No.336-3083, to Bay Cities Paving & Grading, Inc.; and

WHEREAS, the City of Brentwood is a property owner in the Brentwood Center; and

WHEREAS, as the largest property owner in the Brentwood Center, the City acts as property manager for the Center; and

WHEREAS, the City has determine the necessity of repair and resurfacing of the Center parking lot; and

WHEREAS, the City has met with the property owners of the Brentwood Center who have agreed that the parking lot work is necessary and recommends that City Council approve a change order with Bay Cities Paving and Grading, Inc. to do the work; and

WHEREAS, Brentwood Center property owners will be required to repay the City the remaining $292,613.13, plus interest accrued monthly at the current LAIF rate, beginning January 1, 2006; and

WHEREAS, Funds will be transferred from the General Fund in an amount sufficient to reimburse the Building Replacement Fund for interest that would have been earned through January 1, 2006; and

WHEREAS, pursuant to Section III, Paragraph 6 of the Indenture of Establishment of Protective Covenants, Conditions and Restrictions and Grants of Easements for the Brentwood Center, the property owners are to pay the difference between the total amount paid by the owner to the property manager during the prior year and their proportionate share of costs actually incurred by the property manager in connection with the common area.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves, and authorizes the City Manager to execute, a change order with Bay Cities Paving & Grading, Inc. for repair and resurfacing of the Brentwood Center parking lot in an amount not to exceed $392,477.55, with a ten percent (10%) contingency in an amount not to exceed $39,247.76, for a total not to exceed $431,725.31.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on October 11, 2005 by the following vote:

AYES:
NOES:
ABSENT:
_____________________________
Brian Swisher
Mayor

ATTEST:
__________________________________
Margaret Wimberley, CMC
City Clerk

CITY OF BRENTWOOD
ENGINEERING/PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 1 SUPPLEMENT NO.

Project: Pavement Management Program
Project No.: CIP 336-3083

To: Bay Cities Paving & Grading Inc.
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications of this contract.
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

CHANGE REQUESTED BY: CITY

The following is a change order in the Amount of $392,477.55 for the materials and installation approximately
• 400” of 8” sewer line as per City Specifications, connection of laterals to sewer line.
• Removal & Replacement of 37,603 sq. ft. of damaged asphalt at 95 % compacted 4” depth.
• Removal & Replacement of 955 sq. ft. of damaged concrete.
• Removal & Replacement of 193 lin. Ft. of landscape curb.
• Apply Pass CR, Cape Seal to all asphalt area 258, 945 sq. ft. (Must Fog Seal all asphalt patches prior to Pass seal).
• Remove and Replace all parking lot thermo plastic markings and reinstall all parking lot stalls in thermo plastic.
• List under optional work - Remove & Replace median islands (12” base rock/4”aspahalt) as marked in the field. This work is to be completed by the square foot price as per quote listed on Attachment “A”.

ATTACHMENT “A” - Quote from Bay Cities Paving & Grading Inc.

The Contract Price as adjusted by this Change Order is: ____________________
This Change Order is Added work to the 2005 Pavement Management Program for the Brentwood Tech Center (“Center”) (Is this the correct name?). All specifications, insurance, bonding and material specifications and placement will be the same as per the 2005 Pavement Management Program Agreement. Notification to Center tenants will be the responsibility of Bay Cities Paving & Grading Inc. as per the 2005 Pavement Management Program Agreement. This Change Order will not allow the Contractor to adjust unit prices or eliminate any of the agreed to conditions or requirements of the current Contract. The adjustments to the Contract Price and Contract Time in this Change Order include all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the Change described above. By signing this Change Order, Contractor agrees to accept the amount of this adjustment to the Contract Price, and the adjustment of the Contract Time, as payment in full for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the Change described above.

By reason of this order the time of completion will be adjusted as follows: Time of completion will not be affected by this change order.

Approval Recommended: _______________________________________________________ Date __________________________
Project Manager
Approval Recommended: _______________________________________________________ Date __________________________
City Engineer
Approved: City Manager: ______________________________________________________ Date __________________________

If the contractor does not accept this unilateral change order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.
 

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