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CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: December 11, 2007

Subject/Title: Adopt a Resolution amending City Council’s approval of a 10% contingency with Top Grade Construction, Inc. for Phase II (Street) of Walnut Boulevard Widening, CIP Project No. 336-30560, to an 18% contingency for an additional amount of $143,483.52, using savings from Phase I (Utilities).

Prepared by: Anthony Salam, CIP Engineering Manager

Submitted by: Bailey Grewal, Director of Public Works/City Engineer


RECOMMENDATION
Adopt a Resolution amending City Council’s approval of a 10% contingency with Top Grade Construction, Inc. for Phase II (Street) of Walnut Boulevard Widening, CIP Project No. 336-30560, to an 18% contingency for an additional amount of $143,483.52, using savings from Phase I (Utilities).

PREVIOUS ACTION
On March 28, 2006, by Resolution No. 2006-52, City Council approved the Contract Documents and authorized the City Manager to execute a Construction Contract for the Walnut Boulevard Widening (Utilities), CIP Project No. 336-30560 to K.J. Woods Construction, Inc. in the amount of $1,984,000, plus a 10% contingency, for a total amount of $2,182,400.

On April 10, 2007, by Resolution No. 2007-62, City Council approved and authorized the City Manager or designee to execute a Construction Contract and necessary documents for the Walnut Boulevard Widening – Phase II (Street), CIP Project No. 336-30560, to Top Grade Construction, Inc. in the amount of $1,794,794, plus a 10% contingency, for a total amount of $1,974,273.40.

On June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program (“CIP”), which included the Walnut Boulevard Widening, CIP Project No. 336-30560.

BACKGROUND
Walnut Boulevard Widening (from Balfour Road to Oak Street) entails two phases of work. Phase I (Utilities) provided the installation of storm drain, water, street lighting, fiber and signal interconnect conduit, and overhead power, phone and cable conversion to underground. Phase II (Street) is widening the roadway to two lanes in each direction and installing a median island with landscaping in the median island and in the easterly parkway.

Phase I (Utilities) of the project is complete and the Notice of Completion was accepted by City Council on November 13, 2007. Due to the aged infrastructure of this roadway, staff and contractor encountered numerous unknowns and obstacles, and the contractor was not able to complete all the work items identified in Phase I (Utilities). It was necessary and more cost effective to transfer these items to Phase II (Street) to be completed.

Phase II also had some additional work; such as, additional sidewalk, pavement thickness revision due to shallow Chevron pipeline at Oak Street, grinding and overlaying Walnut Boulevard from Oak Street to Dainty Avenue, installation of signal interconnect conduit and fiber optic conduits from Oak Street to Dainty Avenue, additional signal conduits installed for the future signal at Walnut Boulevard/McClarren Road and the addition of video detection at Walnut Boulevard/Oak Street.

Increasing the contingency instead of amending the contract amount allows staff to closely monitor any additional work by change orders as they occur without guaranteeing to the contractor that they will be receiving any or all of the contingency increase. While our past practice has been to include a 10% contingency on our construction projects, the complexity of this project caused by the unknowns, obstacles, etc. certainly warrants a higher contingency. Any additional work that would fall under this increase to the contingency would be within the project’s original scope of work and be handled with a change order that requires the approval of the project manager, City Engineer and City Manager. By the same token, should the project proceed without any unexpected additional work required, this requested increase to the contingency would not be used. Hence, staff recommends increasing the contingency amount for Phase II (Street) by an additional 8% amounting to $143,483.52, for a total of 18% contingency amounting to $323,062.92.

FISCAL IMPACT
There is no fiscal impact to the project caused by this amendment. Since Phase I of this project has been completed, there is a cost savings of $146,420. With the approval of this staff report, Top Grade’s purchase order will be increased by $143,483.52, well within the cost savings from Phase I.

Attachments:
Resolution

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CITY COUNCIL’S APPROVAL OF A 10% CONTINGENCY WITH TOP GRADE CONSTRUCTION, INC. FOR PHASE II (STREET) OF WALNUT BOULEVARD WIDENING, CIP PROJECT NO. 336-30560, TO AN 18% CONTINGENCY FOR AN ADDITIONAL AMOUNT OF $143,483.52, USING SAVINGS FROM PHASE I (UTILITIES).

WHEREAS, on March 28, 2006, by Resolution No. 2006-52, City Council approved the Contract Documents and authorized the City Manager to execute a Construction Contract for the Walnut Boulevard Widening (Utilities), CIP Project No. 336-30560 to K. J. Woods Construction, Inc. in the amount of $1,984,000, plus a 10% contingency, for a total amount of $2,182,400; and

WHEREAS, on April 10, 2007, by Resolution No. 2007-62, City Council approved and authorized the City Manager or designee to execute a Construction Contract and necessary documents for the Walnut Boulevard Widening – Phase II (Street), CIP Project No. 336-30560, to Top Grade Construction, Inc. in the amount of $1,794,794, plus a 10% contingency, for a total amount of $1,974,273.40; and

WHEREAS, on June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program (“CIP”), which included the Walnut Boulevard Widening, CIP Project No. 336-30560; and

WHEREAS, due to the aged infrastructure of this roadway, staff contractor encountered numerous unknowns and obstacles, delays and unexpected additional work items. Because of this, staff is requesting to increase the contingency to carry us through to the end of the project.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby amend City Council’s approval of a 10% contingency with Top Grade Construction, Inc. for Phase II (Street) of Walnut Boulevard Widening, CIP Project No. 336-30560, to an 18% contingency for an additional amount of $143,483.52, using savings from Phase I (Utilities).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of December 2007 by the following vote:
 
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