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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: December 12, 2006

Subject/Title: Adopt a Resolution accepting the work performed by California Retaining Walls for the Tuscany Soundwall Extension, CIP Project No. 336-31590.

Prepared by: Public Works: P. Eldredge

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution accepting the work performed by California Retaining Walls for the Tuscany Soundwall Extension, CIP Project No. 336-31590, and directing the City Clerk to file the Notice of Completion with the County Recorder.

PREVIOUS ACTION
On December 13, 2005, by Resolution No. 2005-299, City Council amended the 2005/06 – 2009/10 Capital Improvement Program to include the budget for the Tuscany Soundwall Extension, CIP Project No. 336-31590.

On April 11, 2006, by Resolution No. 2006-67, City Council approved and authorized the City Manager to execute a Construction Contract for the 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 amended the CIP Budget Sheet to allow this project to move forward.

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.

The City requested informal bids in February of 2006 and 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.

California Retaining Walls has completed the work to the satisfaction of the City and staff respectfully requests that the Notice of Completion be filed with the County Clerk.

FISCAL IMPACT
The work was completed within the City Council approved amount of $72,863.10. 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
Notice of Completion

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE WORK PERFORMED BY CALIFORNIA RETAINING WALLS FOR THE TUSCANY SOUNDWALL EXTENSION, CIP PROJECT NO. 336-31590, AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, due to concerns raised by Tuscany residents about the noise level being higher than normal on Castellina Court and a new sound study that recommended extending the existing soundwall southerly across Castellina Court as appropriate noise mitigation to comply with City’s General Plan Noise Element, the City decided to proceed with the wall extension; and

WHEREAS, on December 13, 2005, by Resolution No. 2005-299, City Council amended the 2005/06 – 2009/10 Capital Improvement Program to include the budget for the Tuscany Soundwall Extension, CIP Project No. 336-3159; and

WHEREAS, on April 11, 2006, by Resolution No. 2006-67, City Council approved and authorized 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 amended the CIP Budget Sheet to allow this project to move forward; and

WHEREAS, California Retaining Walls has completed the work to the satisfaction of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby accept the work performed by California Retaining Walls for the Tuscany Soundwall Extension, CIP Project No. 336-31590, and direct the City Clerk to file the Notice of Completion with the County Recorder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of December 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 enter into an agreement on April 11, 2006 with California Retaining Walls for work performed on Castellina Court in Brentwood for CIP Project No. 336-31590.

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

On the 12th day of December 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 December 12, 2006.

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

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov