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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: November 18, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Agreement with Devcon Construction Incorporated, in the amount of $18,348.00, plus a 10% contingency of $1,834.80 for a total contract amount of $255,830.80 for the Library Relocation project, CIP No. 337-37194 and authorizing the Director of Finance and Information Systems to Facilitate Internal Loans for the Library Relocation Package

Prepared by: Gail Leech, Management Analyst

Submitted by: Karen Chew, Assistant City Manager


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Agreement with Devcon Construction Incorporated, in the amount of $18,348.00 plus a 10% contingency of $1,834.80 for a total contract amount of $255,830.80 for the Library Relocation project, CIP No. 337-37194 and authorizing the Director of Finance and Information Systems to Facilitate Internal Loans for the Library Relocation Package.

PREVIOUS ACTION
On November 13, 2007, by Resolution No. 2007-269, City Council 1) endorsed the Civic Center Conceptual Plans; 2) endorsed the City Hall and Community Center Building Plans; 3) endorsed the History Walk concept as one of the Required Art Components of the Civic Center; and 4) directed staff to proceed with this project to design development.

On February 26, 2008, LPA, Inc. gave a presentation to City Council on milestones and critical decision points for the Civic Center project. The purpose was to inform City Council of when they would be required to make decisions that will affect the progress of the project.

On May 13, 2008, by Resolution No. 2008-115, City Council approved the Swinerton Management and Consulting contract for Construction Management services for the Civic Center Project.

On May 13, 2008, by Resolution No. 2008-116, City Council approved Staff’s recommendation for the type of fountain and the trees for the Civic Center Plaza.

On May 13 2008, by Resolution No. 2008-117, City Council endorsed the City Park Master Site Plan.

On May 13, 2008, City Council continued the issue of consideration of a Resolution directing staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center and directed staff to bring back a budget analysis for the costs associated with moving the library.

On May 27, 2008, by Resolution No. 2008-136, the City Council adopted the 2008/09-2012/13 Capital Improvement Program.

On June 10, 2008, City Council directed staff to pursue the temporary space for the interim library at the annex building.

On August 26, 2008, by Resolution No. 2008-219, City Council authorized the City Manager to execute an agreement with Devcon Construction Incorporated for construction management services related to the construction of the interim library at the Oak Street Annex.

On August 26, 2008, by Resolution No. 2008-220, City Council approved the Mitigated Negative Declaration for the Brentwood Civic Center project; by Resolution No. 2008-221, approved the General Plan amendment (GPA 07-02) to change the land use designation on a portion of the Civic Center site from Park to Downtown (mixed use); by Resolution No. 2008-222, approved a Downtown Specific Plan amendment to add the Brentwood Civic Center District Zone, create site development standards and permitted uses for the new district zone, and re-designate City Park, the adjacent Maple Street and Third Street and two City-owned parcels to the new district zone; and by Resolution No. 2008-223, approved a summary vacation for portions of Maple Street and Third Street.

On October 14, 2008, by Resolution No. 2008-249, City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents with Enterprise Roofing Service, Inc., for Bid Package # 1, re-roofing work associated with the Library Relocation Project, CIP # 337-37194, in the amount of $47,745.00, plus a 10% contingency of $477,450, for a total amount of $52,519.50. On November 3, 2008, the City awarded the contract to Enterprise, and, in accordance with the terms of the agreements, assigned it to Devcon.

BACKGROUND
When the feasibility study on potential locations for the interim library was conducted, one concern for utilizing the Annex Building for this purpose was the age of the building and the condition of the roof. Staff knew that a roof replacement on the 104 Oak Street portion of that building was necessary, but the extent of the replacement could not be determined until the existing roof material was actually removed prior to replacement.

Work began on the roof over the 104 Oak Street portion of the annex building on November 4, 2008. Once the roof was pulled off, several areas of deflection were noted (up to 2 ½” in some places) and the manufacturer would not warranty the new roof until these areas were rectified. Areas of severe dry-rot and separation of rafters were the key concerns.

The additional scope of work being requested in this amendment includes removing the existing plywood and installing 15/32” plywood over the existing plywood deck, installing 2 x 6 hangers at the ridge, and installing 2 x 4 supports as required at skylights, dry-rotted areas and crack members.

FISCAL IMPACT
The original agreement dated August 26, 2008, was approved for $235,648.00. The total amount of Amendment No. One to the agreement is $20,182.80 for a total contract amount of $255,830.80. The funds associated with this project are included in the 2008/09 – 2012/13 CIP budget, which includes the Library Relocation Project, CIP # 337-37194.

The funding of the Library Relocation project is contingent upon the issuance of bonds. The condition of the financial credit markets and the City’s ability to bond with reasonable interest rates will play a major role in determining the timing of the bond issuance. In the interim, staff will initiate the requisite internal loans to allow commencement of the Library Relocation project.

Attachments:
Resolution
Amendment No. One


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH DEVCON CONSTRUCTION INCORPORATED IN THE AMOUNT OF $18,348.00 PLUS A 10% CONTINGENCY OF $1,834.80 FOR A TOTAL CONTRACT AMOUNT OF $255,830.80 FOR THE LIBRARY RELOCATION PROJECT, CIP PROJECT NO. 337-37194. AND AUTHORIZING THE DIRECTOR OF FINANCE AND INFORMATION SYSTEMS TO FACILITATE INTERNAL LOANS FOR THE LIBRARY RELOCATION PACKAGE

WHEREAS, On November 13, 2007, by Resolution No. 2007-269, City Council 1) endorsed the Civic Center Conceptual Plans; 2) endorsed the City Hall and Community Center Building Plans; 3) endorsed the History Walk concept as one of the Required Art Components of the Civic Center; and 4) directed staff to proceed with this project to design; and

WHEREAS, on February 26, 2008, LPA, Inc. gave a presentation to City Council on milestones and critical decision points for the Civic Center project. The purpose was to inform City Council of when they would be required to make decisions that will affect the progress of the; and

WHEREAS, on May 13, 2008, by Resolution No. 2008-115, City Council approved the Swinerton Management and Consulting contract for Construction Management services for the Civic Center Project; and

WHEREAS, on May 13, 2008, by Resolution No. 2008-116, City Council approved Staff’s recommendation for the type of fountain and the trees for the Civic Center Plaza; and

WHEREAS, on May 13 2008, by Resolution No. 2008-117, City Council endorsed the City Park Master Site Plan; and

WHEREAS, on May 13, 2008, City Council continued the issue of consideration of a Resolution directing staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center and directed staff to bring back a budget analysis for the costs associated with moving the library; and

WHEREAS, on May 27, 2008, by Resolution No. 2008-136, the City Council adopted the 2008/09-2012/13 Capital Improvement Program; and

WHEREAS, on June 10, 2008, City Council directed staff to pursue the temporary space for the interim library at the annex building; and

WHEREAS, on August 26, 2008, by Resolution No. 2008-219, City Council authorized the City Manager to execute an agreement with Devcon Construction Incorporated for construction management services related to the construction of the interim library at the Oak Street Annex ; and

WHEREAS, on October 14, 2008, by Resolution No. 2008-249, City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents with Enterprise Roofing Service, Inc., for Bid Package # 1, re-roofing work associated with the Library Relocation Project, CIP # 337-37194, in the amount of $47,745, plus a 10% contingency of $477,450, for a total amount of $52,519.50; and

WHEREAS, when the feasibility study on potential locations for the interim library was conducted, one concern for utilizing the Annex Building for this purpose was the age of the building and the condition of the roof. Staff knew that a roof replacement on the 104 Oak Street portion of that building was necessary, but the extent of the replacement could not be determined until the roof was actually pulled off during the replacement; and

WHEREAS, once the roof was pulled off, several areas of deflection were noted (up to 2 ½” in some places) and the manufacturer would not warranty the new roof until these areas were rectified. Areas of severe dry-rot and separation of rafters were the key concerns; and

WHEREAS, the additional scope of work being requested in this amendment includes removing the existing plywood and installing 15/32” plywood over the existing plywood deck, installing 2 x 6 hangers at the ridge, and installing 2 x 4 supports as required at skylights, dry-rotted areas and crack members; and

WHEREAS, the original agreement with Enterprise, dated November 3, 2008, was approved for $52,519.50, and assigned to Devcon. The total amount of Amendment No. One to the Devcon agreement is $20,182.80. The funds associated with this project are included in the 2008/09 – 2012/13 CIP budget, which includes the Library Relocation Project, CIP # 337-37194; and
WHEREAS, The funding of the Library Relocation project is contingent upon the issuance of bonds. The condition of the financial credit markets and the City’s ability to bond with reasonable interest rates will play a major role in determining the timing of the bond issuance. In the interim, staff will initiate the requisite internal loans to allow commencement of the Library Relocation project;

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves and authorizes the City Manager or designee to execute Amendment No. 1 to the Agreement with Devcon, in the amount of $18,348.00, plus a 10% contingency of $1,834.80 for a total contract amount of $255,830.80 for the Library Relocation project, CIP No. 337-37194 and authorizes the Director of Finance and Information Systems to facilitate internal loans for the Library Relocation Package.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 18th day of November 2008 by the following vote:


AMENDMENT NO. ONE TO THE PROFESSIONAL SERVICES AGREEMENT WITH
DEVCON CONSTRUCTION INCORPORATED


This Amendment No. One is entered into and effective as of the ___ day of _______________, 2008, amending the agreement dated August 26, 2008 (the “Agreement”) by and between the City of Brentwood a municipal corporation ("City"), and Devcon Construction, Inc. (“Construction Manager At Risk") (collectively, the “Parties”) for the public work of improvement referred to as the Temporary Library at Annex Building.

RECITALS

A. The Parties desire to increase the scope of services Devcon Construction Incorporated will oversee under the Agreement’s to include additional work required on the roof repairs that involves removing the existing plywood and installing 15/32” plywood over the existing plywood deck, installing 2 x 6 hangers at the ridge, and installing 2 x 4 supports as required at skylights, dry-rotted areas and crack members; and

B. The Parties have negotiated and agreed to a supplemental scope of services and fee schedule, which are attached to and incorporated by this reference as Exhibit "A," Scope of Services and Fee.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. The definition of the term “Project” in the Agreement is hereby amended to include the additional roof repairs, as more fully described in Exhibit “A” to this Amendment No. One.

3. City will pay Devcon Construction Incorporated for all Services associated with those services described in Exhibit “A” to this Amendment No. One in the sum of Twenty Thousand, One Hundred and Eight Two Dollars ($20,182.00) for the additional roofing work needed on the Library Relocation project, CIP No. 337-37194.

4. In all other respects, except where inconsistent with this Amendment No. One, in which case this Amendment No. One shall control, the Agreement shall remain unchanged and in full force and effect. Terms used in this Amendment No. One that are defined in the Agreement shall have the same meaning as used therein.

5. All requisite insurance policies to be maintained by Devcon Construction Incorporated pursuant to the Agreement, as may have been amended from time to time, will include coverage for Services performed under this Agreement.

6. The individuals executing this Agreement and the instruments referenced in it on behalf of Devcon Construction Incorporated each represent and warrant that they have the legal power, right and actual authority to bind Devcon Construction Incorporated to the terms and conditions of this Amendment.



Devcon Construction Incorporated
2010 W. Fremont Street
Stockton, CA 95203

*By:
_____________________________
(sign here)

_____________________________ (print name/title)

**By:
_____________________________
(sign here)

_____________________________
(print name/title)




CITY OF BRENTWOOD a municipal corporation of the State of California

By:
_____________________________
Donna Landeros, City Manager

ATTEST:

_____________________________

Margaret Wimberly, CMC
City Clerk




APPROVED AS TO FORM:

_____________________________
Damien B. Brower, City Attorney




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