RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
ACCEPTING THE DIABLO VIEW ROAD AND PLEASANT HILL ROAD STORM DRAIN IMPROVMENTS PROJECT NO. 22-05 AS COMPLETE AND AUTHORIZING THE CITY
ENGINEER TO ISSUE AND RECORD A NOTICE OF COMPLETION
WHEREAS, the Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05 is identified as a budgeted and approved project in the FY 2022-2027 Capital Improvement Plan (CIP), Project No. 22-05 (Project CP-22-1); and
WHEREAS, the Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05 addressed locations of poor drainage and areas with localized flooding problems; and WHEREAS, on November 7, 2022, the City Council awarded a contract to Norgo Engineering to perform work described in the contract documents entitled Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05; and WHEREAS, East Bay Municipal Utility District (EBMUD) performed a water main relocation at the Barnett Circle and Diablo View Road intersection. The City’s contractor, Norgo Engineering, on behalf of EBMUD, performed the final asphalt paving restoration for EBMUD’s work area upon completion of the City’s Project.
WHEREAS, EBMUD has reimbursed the City $3,600 for the additional asphalt paving work performed by Norgo Engineering, a sum which has since been applied to the Project’s account balance; and
WHEREAS, the work has been performed to the satisfaction of the City, and Norgo Engineering is requesting final payment for the completed work; and WHEREAS, the City has retained five percent (5%) of the total construction cost ($18,436.39) from Norgo Engineering. If there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount to the contractor; and WHEREAS, on a matter of public safety unrelated to the Project, due to the heavy rain fall and flooding during the months of January through March 2023, a sinkhole developed below Chadima Lane, which compromised the integrity of the roadway and threatened public safety; and WHEREAS, Norgo Engineering performed unforeseen emergency repairs for the City at Chadima Lane on a time and material basis during the week of April 3, 2023, in the amount of $38,451.46, which will be funded by the Storm Drain Improvements Program (MK-2); and WHEREAS, the California Public Contract Code requires the City to notify the public of acceptance of a project prior to making a final payment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that:
1. The work performed as the Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05, is complete to the satisfaction of the City.
2. If there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount of $18,436.39 to Norgo Engineering.
3. The City Engineer is authorized to execute a Notice of Completion and record it with the Office of the Recorder of the County of Contra Costa, State of California, within ten (10) days from the date thereof.
4. The City will provide Norgo Engineering a payment of $38,451.46 from the Storm Drain Improvements Program (MK-2) funds for the satisfactory completion of unforeseen emergency road repair work at Chadima Lane.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5
th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
JUANITA DAVALOS, Acting City Clerk