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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: February 26, 2008

Subject/Title: Adopt a Resolution accepting the work performed by Bay Cities Paving & Grading, Inc. for the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680 and the Community Beautification, CIP Project No. 522-52220, and directing the City Clerk to file a Notice of Completion with the County Recorder.

Prepared by: Frank Lideros, Associate Engineer

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

RECOMMENDATION
Adopt a Resolution accepting the work performed by Bay Cities Paving & Grading, Inc. (“Contractor”) for the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680 and the Community Beautification, CIP Project No. 522-52220, and directing the City Clerk to file a Notice of Completion with the County Recorder.

PREVIOUS ACTION
On October 10, 2006, by Resolution No. 2006-258, City Council authorized the submittal of a grant application in the amount of $612,000 to the Metropolitan Transportation Commission for the 2006/07 Transportation for Livable Communities Program, for funding of the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680.

On March 13, 2007, by Resolution No. 2007-46, City Council authorized the City Manager to execute a construction contract and necessary documents for the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680 and the Community Beautification, CIP Project No. 522-52220 to Bay Cities Paving & Grading, Inc., in the amount of $827,440.66, plus a 10% contingency of $82,744.07, for a total amount of $910,184.73.

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 both the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680 and Community Beautification, CIP Project No. 522-52220.

BACKGROUND
This project widened Sand Creek Road from Union Pacific Railroad (“UPRR”) to O’Hara Avenue to two lanes and a bike lane in each direction and completed the landscaping in the median island and in the parkway on the north side of the roadway. The Contractor was also awarded Alternate C, which included landscaping of the median island and parkways on Sand Creek Road from Fairview Avenue easterly to the pedestrian undercrossing. This portion of the work was covered under the Community Beautification project.

The Notice to Proceed date for this work was April 2, 2007, with an anticipated completion date of July 18, 2007. Due to delays with the landscaping portion of the work, the actual completion date was November 2, 2007. The Contractor received $26,750 worth of liquidated damages due to this delay. The 90-day plant establishment period began on November 3, 2007, and was completed on February 1, 2008, and the work was found to be in satisfactory condition during the final walk-through of the project.

All the improvements are complete per the plans and specifications and Bay Cities Paving & Grading, Inc. has met the contractual obligation. Staff is making the recommendation that the work performed by Bay Cities Paving & Grading, Inc. be accepted and the Notice of Completion be filed with the County Clerk.

FISCAL IMPACT
The total contract amount for the work performed by Bay Cities Paving & Grading, Inc. for the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680 and the Community Beautification, CIP Project No. 522-52220, is as follows:
City Council
Contractor Actual Amount Approved Amount

Bay Cities Paving & Grading, Inc. $800,108.18 $910,184.73

The final cost came 4% under the bid amount without any of the 10% contingency used. $586,575.92 was paid from the Sand Creek Road Widening project and $213,532.26 was paid from the Community Beautification project. Both were budgeted in the 2007/08 – 2011/2012 Capital Improvement Program.

Attachments:
Resolution
Notice of Completion

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE WORK PERFORMED BY BAY CITIES PAVING & GRADING, INC., FOR THE SAND CREEK ROAD WIDENING – UPRR TO O’HARA AVENUE, CIP PROJECT NO. 336-31680 AND THE COMMUNITY BEAUTIFICATION, CIP PROJECT NO. 522-52220, AND DIRECTING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, On October 10, 2006, by Resolution No. 2006-258, City Council authorized the submittal of a grant application in the amount of $612,000 to the Metropolitan Transportation Commission for the 2006/07 Transportation for Livable Communities Program, for funding of the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680; and

WHEREAS, On March 13, 2007, by Resolution No. 2007-46, City Council authorized the City Manager to execute a construction contract and necessary documents for the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680 and the Community Beautification, CIP Project No. 522-52220 to Bay Cities Paving & Grading, Inc., in the amount of $827,440.66, plus a 10% contingency of $82,744.07, for a total amount of $910,184.73; 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 both the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680 and Community Beautification, CIP Project No. 522-52220; and

WHEREAS, all the improvements are complete per the plans and specifications and Bay Cities Paving & Grading, Inc. has met the contractual obligation.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby accept the work performed by Bay Cities Paving & Grading, Inc. for the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680 and the Community Beautification, CIP Project No. 522-52220, and direct the City Clerk to file a Notice of Completion with the County Recorder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of February 2008 by the following vote:

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 13th day of March 2007, enter into an agreement with Bay Cities Paving & Grading, Inc. for the Sand Creek Road Widening – UPRR to O’Hara Avenue, CIP Project No. 336-31680 and the Community Beautification, CIP Project No. 522-52220,.

The work described in the contract documents was to furnish all material, labor, and equipment necessary for Sand Creek Road Widening from the Union Pacific Railroad to O’Hara Avenue in Brentwood, California

On the 26th of February 2008, 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 February 26, 2008.

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

 
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