PREPARED BY: MATTHEW BROWN DATE OF MEETING: 08/05/2024
SUBJECT:
TITLE
CONSIDER ADOPTING RESOLUTION TO (1) ACCEPT WORK PERFORMED BY GHILOTTI BROTHERS, INC. FOR THE RUMRILL BOULEVARD COMPLETE STREETS PROJECT (0700) AS COMPLETE SUBJECT TO EXCEPTIONS FOR UNRESOLVED PUNCH LIST ITEMS; AND (2) DIRECT A NOTICE OF COMPLETION TO BE PREPARED AND FILED WITH THE COUNTY RECORDER.
CEQA: The Rumrill Boulevard Complete Streets Project (Project) is categorically exempt under the California Environmental Quality Act (CEQA), Section 15301, Existing Facilities (Class 1) of the CEQA Regulations, on the basis that the Project involves repair and minor alteration to the existing public streets, sidewalks, gutters, and similar facilities. The Notice of Exemption was filed and recorded with the Contra Costa County Clerk on January 7, 2018. Moreover, since the Project is also receiving federal funding, the Project was also determined to be categorically exempt under the National Environmental Policy Act (NEPA), Section 23 CFR 771.117 (c)(3). The Notice of Exemption for NEPA was filed on March 14, 2018 and revalidated on August 7, 2020 by the California Department of Transportation (Caltrans).
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
COUNCIL PRIORITY WORKPLAN statement
Major Policy Goal: Build a Healthy Community - 109 Develop Public Facilities for Active Living is a priority item under the FY 2023-25 Council Priority Workplan, effective on May 1, 2023
BACKGROUND
The Rumrill Boulevard Complete Streets Project is a 1.7mile-long comprehensive roadway improvement project that modified Rumrill Boulevard in the City of San Pablo between Costa Avenue and San Pablo Avenue (Project). The Project goal was to improve safety in and along the Rumrill Boulevard for all users including motorists, bicyclists and pedestrians. With the elimination of one traffic lane in each direction the Project added safety measures for pedestrians and increased the access to bicyclists. This was done with the addition of Class 4 bike lanes in each direction and the addition of bulb out extensions at most intersections along the alignment. Stormwater quality was improved with the additions of bioswales and detention basins, which filter trash and debris from stormwaters and prevent that material from entering Wildcat and San Pablo Creeks which cross the Project limits. New signal timing and lighting was added to the Project to aid in the safety of motorists making left hand turns from Rumrill into residential streets. New lighted street name signs were added to intersections in Old Town to aid drivers and clearly identify streets.
On July 06, 2021 through Resolution 2021-092, the City awarded the construction contract to Ghilotti Brothers, Inc. (GBI) in an amount of $14,956,751 with a 2% contingency for a total authorization of $15,255,886. The Notice to Proceed letter was issued on July 28, 2021. Subsequent Council actions increased the construction authorization limit as follows:
|
Resolution Number |
Date |
Amount Approved |
Cumulative |
|
2021-092 |
7/6/21 |
$15,255,886 |
$15,255,886 |
|
2022-139 |
9/19/22 |
$1,851,592 |
$17,107,478 |
|
2023-070 |
5/15/23 |
$16,925 |
$17,124,403 |
|
2023-128 |
8/7/23 |
$2,426,397 |
$19,550,800 |
On January 4, 2024 Public Works released $667,115.86 of the retention funds that had been withheld to date as authorized by law and by the terms of the contract (based on 5% of each progress payment). As of the date of this staff report, the remaining retention, in the amount of $191,170.61 is subject to release under the terms of Public Contract Code section 7107 as further specified in the contract documents for the Project.
At this writing the Project as modified by change orders is complete with the exception of the following punch list items:
• As-built drawings.”
• Median Nose at intersection of Rumrill Boulevard and Broadway Avenue
• Median Curb repair at 17th Street in the Southbound direction at two locations
• Gate replacement at Sutro Avenue entrance to Staging Area at 1411 Rumrill
• Irrigation System Leak connected to water meter at 1863 Rumrill
Pursuant to Section 11.1(C) of the contract General Conditions, in order to avoid delay of Project close-out due to outstanding punch list items, the Council may accept the Project as complete subject to exceptions for the listed outstanding punch list items. This approach is recommended for this Project. Pursuant to Public Contract Code section 7107 and as further specified in the contract documents for the Project, the City may withhold (1) up to 150% of the estimated cost to resolve each outstanding punch list item, and (2) 125% of any pending stop payment notice from timely release of the remaining retention funds.
By adopting the attached resolution, the Council will accept the work as complete, subject to the specified exceptions, and authorize the City Engineer to issue a Notice of Completion for recording with the County Recorder. This action will allow the title of the work to transfer from the contractor to the City. The remaining retention will be released to GBI, with the exception of any withholding authorized for outstanding punch list items or withholding required for any unresolved stop payment notice, consistent with applicable law and the terms of the contract.
FISCAL IMPACT
Public Works will provide a separate report to re-appropriate unused funds, close out grants, and to provide a final Project accounting once all final payments have been made to GBI.
ATTACHMENTS
Att A - Resolution