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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: April 11, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute a Construction Contract for Tuscany Soundwall Extension, CIP Project No. 336-3159, with California Retaining Walls Co. in the amount of $66,239.18, plus a 10% contingency, for a total amount of $72,863.10, and amend the CIP Budget Sheet to allow this project to move forward.

Prepared by: Engineering: Eunejune Kim

Submitted by: Engineering: Bailey Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute a Construction Contract for Tuscany Soundwall Extension, CIP Project No. 336-3159 to California Retaining Walls Co., in the amount of $66,239.18 plus a 10% contingency, for a total amount of $72,863.10 and amend the CIP Budget Sheet to allow this project to move forward.

PREVIOUS ACTION
On June 9, 1990, Vesting Tentative Subdivision Map No. 7474 (Tuscany Units 1 and 2) was approved by Planning Commission.

On September 5, 2000, by Planning Commission Resolution No. 00-59, Planning Commission approved Tentative Subdivision Map No. 8369 (Tuscany Unit 3).

On June 25, 2002, by Resolution No. 2588, City Council accepted the improvements and right-of-way for Subdivision No. 8368 (Tuscany Unit 2).

On October 8, 2002, by Resolution No. 2689, City Council accepted the improvements and right-of-way for Subdivision No. 7474 (Tuscany Unit I).

On May 25, 2004, by Resolution No. 2004-118, City Council accepted the improvements for Subdivision No. 8369 (Tuscany Unit 3).

On December 13, 2005, by Resolution No. 2005-299, City Council amended the 2005/06 – 2009/10 Capital Improvement Program (CIP) to include the budget for the Tuscany Soundwall Extension.

BACKGROUND
The Tuscany development by Beck Properties, Inc. located south of San Jose Avenue and east of the Highway 4 Bypass, consists of 126 single family residential units. The existing soundwall along the west boundary of the development was designed and constructed in accordance with the sound studies performed at the time of development. Tentative Subdivision Map No. 8369 (Tuscany Unit 3) was approved by Planning Commission on September 5, 2000, with Condition No. 7, which required the reimbursement/fee credits from the City to the Developer for any soundwall cost over and above $135,000, due to mutual benefits shared with the City for the adjacent recreational trail and maintenance road for PG&E over and above the Developer’s responsibility for mitigation. The Developer’s project was completed and accepted in May 2004, after satisfaction of the entitlement requirements. The Developer has expended its obligation of $135,000, for the existing soundwall.

In July 2004, a subsequent sound study was prepared due to concerns raised by Tuscany residents about the noise level being higher than normal on Castellina Court. The sound study recommended extending the existing soundwall southerly across Castellina Court as appropriate noise mitigation to comply with City’s General Plan Noise Element. This project provides for the implementation of that recommendation and is the responsibility of the City as specified in Condition No. 7 of Planning Commission Resolution No. 00-59. On December 13, 2005, the City Council determined that the construction of the soundwall extension satisfied the intent of Condition No. 7.

The City requested informal bids for the construction of the project on Friday, February 10, 2006, and bids were due on Tuesday, February 28, 2006; no bids were received. Staff investigated why no bids were received and concluded that the relatively small size of this project combined with current market conditions did not provide a favorable bidding environment for the limited number of contractors that are able to perform this type of work. The public contract code allows a public agency to enter into a contract without re-bidding provided that the required bid process has been followed and has resulted in zero bids. Staff solicited local contractors to determine if the project could be reasonably negotiated. The only responsive contractor was California Retaining Walls Co. Staff worked directly with California Retaining Walls Co. to negotiate an agreement to install the wall portion of the work for $66,239.18.

The current CIP Budget Sheet for this project includes $40,000 for construction to occur in Fiscal Year 05/06 and $40,000 for construction in Fiscal Year 06/07. Staff is recommending the allocation of Fiscal Year 06/07 construction funds to Fiscal Year 05/06 in order to complete the work and award this contract.

FISCAL IMPACT
The budget amendment consists of moving $40,000 for construction in Fiscal Year 06/07 to Fiscal Year 05/06. There is no increase to the overall budget and Finance has confirmed there are sufficient funds for this change; and no revenue offsets are expected due to this amendment. There will be no known future reduction of costs to this project.

The funding source will be through Roadway and Park Facility Fees. The City of Brentwood will maintain the wall extension through the landscape and lighting district which maintains the existing Tuscany soundwall. The anticipated incremental increase in annual maintenance cost will be approximately $250.

Attachments:
Resolution
Amended CIP Budget Sheet
Project Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT FOR TUSCANY SOUNDWALL EXTENSION, CIP PROJECT NO. 336-3159, WITH CALIFORNIA RETAINING WALLS CO. IN THE AMOUNT OF $66,239.18, PLUS A 10% CONTINGENCY, FOR A TOTAL AMOUNT OF $72,863.10, AND AMEND THE CIP BUDGET SHEET TO ALLOW THIS PROJECT TO MOVE FORWARD.

WHEREAS, a soundwall was designed and constructed along the west boundary of the Tuscany development in accordance with the applicable sound analysis at the time as a required mitigation measure of development; and

WHEREAS, improvements for the Tuscany development have been accepted by the City; and

WHEREAS, a follow up sound study prepared by Wilson, Ihrig & Associates, Inc. on July 14, 2004, identified a deficiency in the existing soundwall configuration; and

WHEREAS, an extension of the soundwall would correct the existing deficiency to comply with the Noise Element of the City’s General Plan; and

WHEREAS, the City has negotiated with the developer of Tuscany, Beck Properties, Inc., to participate in funding this soundwall as specified in Condition No. 7 of Planning Commission Resolution No. 00-59, entitlement for Subdivision No. 8369, Unit 3 of Tuscany; and

WHEREAS, on December 13, 2005, by Resolution No. 2005-299, City Council amended the 2005/06 – 2009/10 Capital Improvement Program (CIP) to include the budget for the Tuscany Soundwall Extension as an appropriate mechanism for City’s funding participation as required by condition of approval; and

WHEREAS, on December 13, 2005, City Council determined that construction of this project would satisfy the intent of Condition No. 7 of Planning Commission Resolution No. 00-59, entitlement for Subdivision No. 8369, Unit 3 of Tuscany; and

WHEREAS, staff requested informal bids on February 10, 2006 and bids were due on Tuesday, February 28, 2006; no bids were received due to the relatively small size of the project and limited number of contractors qualified to perform the work; and

WHEREAS, staff negotiated with California Retaining Walls Co. to construct the soundwall extension.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute a Construction Contract for Tuscany Soundwall Extension, CIP Project No. 336-3159, with California Retaining Walls Co. in the amount of $66,239.18, plus a 10% contingency, for a total amount of $72,863.10, and amend the CIP Budget Sheet to allow this project to move forward.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of April 2006 by the following vote:
 

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