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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: May 23, 2006

Subject/Title: 1. Adopt a Resolution amending the 2005/06 – 2009/10 Capital Improvement Program (CIP) to re-instate the Balfour Road Park Development Project, CIP 522-5221; amend the project budget in the amount of $189,935, in order to cover additional costs, and authorize a Change Order in the amount of $226,559;

2. Adopt a Resolution accepting the work performed by Misan Construction for the construction of Balfour Road Park (Veterans Park), CIP Project No. 522-5221, located at 8101 Balfour Road and accept the close-out of this project; direct the City Clerk to file a Notice of Completion with the County Recorder; release the final payment in the amount of $46,401 and release the final retention in the amount of $304,760.

Submitted by: Craig Bronzan, Director of Parks and Recreation
Ken De Silva, Landscape/Facilities Manager

Approved by: Donna Landeros, City Manager

RECOMMENDATION
1. Adopt a Resolution amending the 2005/06 – 2009/10 Capital Improvement Program (CIP) to re-instate the Balfour Road Park Development Project, CIP 522-5221, amend the project budget in the amount of $189,935, in order to cover additional costs, and authorize a Change Order in the amount of $226,559;

2. Adopt a Resolution accepting the work performed by Misan Construction for the construction of Balfour Road Park (Veterans Park), CIP Project No. 522-5221, located at 8101 Balfour Road and accept the close-out of this project; direct the City Clerk to file a Notice of Completion with the County Recorder; release the final payment in the amount of $46,401 and release the final retention in the amount of $304,760.

PREVIOUS ACTION
On May 22, 2001 City Council approved Resolution 2299 adopting the 2001/2006 CIP Budget, which
includes this project as CIP Project No. 522-5221.

On August 28, 2001, City Council confirmed the conceptual plan and authorized the City Manager to enter into agreement with RRM Design Group for landscape architectural design services for the development of construction documents for Balfour Road Park, CIP Project No. 522-5221.

On August 26, 2003, City Council approved Resolution 2960 approving the contract documents for Balfour Road Park, CIP Project No. 522-5221, and directed staff to put the project out to bid.

On October 28, 2003, City Council approved Resolution 3021 authorizing the City Manager to execute the agreement and necessary documents for the construction of Balfour Road Park, CIP Project No. 522-5221, and approved the contract with Misan for $3,082,750, which includes 10% contingency.

On July 23, 2005 the park was dedicated.

BACKGROUND
The original contract with Misan Construction commenced on November 24, 2003 with the calculated completion date of May 21, 2004. With rain/wind delays this project should have been completed by October 9, 2004.

The City required the contractor to provide the public beneficial occupancy of the facility on July 23, 2005 when the facility was officially dedicated. However the contractor continued to work on approved change orders and punch list items until all miscellaneous improvements were complete on January 15, 2006. Final billing, and an accurate resolution of invoices, was complete on February 6, 2006.

The CIP budget for this project was $3,422,700. At closeout this project will cost $3,612,635 which is $189,935 over the approved budget to close out this CIP project.

Additional costs for this project were incurred due to some of the following:
• Additional site surveying
• Changes made to the parking lot entrance to accommodate the future Recreation building
• Sod installed instead of hydro-seed
• Adding safety rails
• Adding lights to shade structures
• Additional storm drainage work
• Mitigation for utility line conflicts
• Needed grading changes
• Legal fees

This final construction cost includes the addition of an enlarged shade structures Change Order costing $226,559. The justification for the cost of the enlarged shade structures is as follows:

• The price of steel rose considerably after the award of the contract
• The original layout design on the construction drawing by the architect was not complete and for some of the shade structures, did not include dimensions.
• City of Brentwood bid schedule comparison sheet indicates that all bidders, and our Engineers estimate, used the same information when calculating the costs for this project based on the information we provided.
• The layout design on the drawings was incorrect but Misan was not allowed to contact the Architect to clarify the inconsistencies of the plan. This lead to a claim between the manufacturer and the installer, which ultimately required Misan to hire a new subcontractor to finish, the shade structures and covers.
• Misan supplied shade structures that are 3 times larger than what were submitted, and originally bid on, based on the original documents.
• Misan Construction has given us a request for change order for $226,559 for the additional steel work in lieu of any additional claims associated with the construction of the park.

The City has been holding $304,760 in retention at the same time that we have had beneficial occupancy of this park since July 23, 2005. The City has also been holding Misan’s Application for Final Payment in the amount of $46,401.

Approval of these resolutions will do the following:
• Amend the 2005/06 – 2009/10 CIP to re-instate CIP project 522-5221.
• Amend the project budget in the amount of $189,935 (which includes the additional project costs listed above).
• Authorize a Change Order in the amount of $226,559 for additional steel/shade structure work.
• Approve the final payment to Misan Construction in the amount of $46,401.
• Authorize the release of the final retention in the amount of $304,760.
• Accept the work of Misan Construction and file a Notice of Completion with the County Recorder.

FISCAL IMPACT
The total increase to the budget required, for all of the actions requested, is $189,935. This increase includes the additional project costs listed in the background section of this report. The increase is a one-time charge which will be funded by Park Facility Fees. Staff has confirmed with the Finance Department that sufficient funds are available to cover the proposed amended budget, no revenue offsets are expected and there will be no known future reduction of costs to this project.

Attachments:
Resolutions
Notice of Completion
Revised CIP Sheet

RESOLUTION NO.

ADOPT A RESOLUTION AMENDING THE 2005/06 – 2009/10 CAPITAL IMPROVEMENT PROGRAM (CIP) TO RE-INSTATE THE BALFOUR ROAD PARK DEVELOPMENT PROJECT, CIP 522-5221, AMEND THE PROJECT BUDGET IN THE AMOUNT OF $189,935, IN ORDER TO COVER ADDITIONAL COSTS, AND AUTHORIZE A CHANGE ORDER IN THE AMOUNT OF $226,559.

WHEREAS, the City Council authorized the City Manager to award a contract to Misan Construction to construct the Balfour Road Park on October 28, 2003 and

WHEREAS, the additional construction expenses were justified and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby;
1. Amend and reinstates the Balfour Road Park Development Project;
2. Amend the project budget in the amount of $189,935;
3. Authorize the change order in the amount of $226,559;

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 23rd day of May, 2006 by the following vote:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE WORK PERFORMED BY MISAN CONSTRUCTION FOR THE CONSTRUCTION OF BALFOUR ROAD PARK (VETERANS PARK), CIP PROJECT NO. 522-5221, LOCATED AT 8101 BALFOUR ROAD AND ACCEPT THE CLOSE-OUT OF THIS PROJECT; DIRECT THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER; RELEASE THE FINAL PAYMENT IN THE AMOUNT OF $46,401 AND RELEASE THE FINAL RETENTION IN THE AMOUNT OF $304,760.

WHEREAS, the City Council authorized the City Manager to award a contract to Misan Construction to construct the Balfour Road Park (the “Park”) on October 28, 2003 and

WHEREAS, the Park construction started on November 23, 2003; and

WHEREAS, the work on the Park has been completed and is now ready for acceptance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby;
1. Accept the work performed by Misan Construction for the construction of the Balfour Road Park (Veterans Park) located at 8101 Balfour Road, CIP Project No. 522-5221 and accepts the close out of this project;
2. Direct the City Clerk to file a notice of completion with the County Recorder;
3. Direct the release of the final payment in the amount of $46,401 and the release of the final retention payment in the amount of $304,760;

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 23rd day of May, 2006 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, enter into an agreement with Misan Construction to construct Balfour Road Park (Veterans Park), CIP Project No. 522-5221, located on 8101 Balfour Road.

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

On the May 23, 2006, 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 ____________________.

By: __________________________
Margaret Wimberly, City Clerk
City of Brentwood, California
 

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