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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: July 23, 2002

Subject/Title: Award the Construction Contract for Sand Creek Road East Project, CIP Project No. 336-3061

Submitted by: Engineering: B. Grewal/D. Spekner

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the City Manager to award a contract to Top Grade Construction Inc. in the amount of $7,672,501.19 for the construction of Sand Creek Road East, CIP Project No. 336-3061, from Minnesota Avenue to just west of Brentwood Boulevard, authorizing the City Manager to execute change orders not to exceed 10 percent of the contract amount.

PREVIOUS ACTION
On August 28, 2001, the City Council authorized the City Engineer to sign a construction contract with Granite Construction for the construction of Sand Creek Road Central, CIP Project No. 336-3061, from west of Fairview Avenue to west of Union Pacific Railroad.

On May 28, 2002 City Council approved and adopted the 2002/07 Capital Improvement Program for the City. This project is included in the program.

BACKGROUND
The City advertised the project for construction bids beginning Wednesday, May 22, 2002, and bids were opened on July 16, 2002. A total of seven (7) bids were received. The bids were reviewed and the lowest responsive, responsible bid was received from Top Grade Construction Inc. in the amount of $7,672,501.19. The Engineer’s Estimate was $8,400,000.00 and the approved budget for this portion of the project was $8,800,000.00.

The 7 bids were:
1. Top Grade Construction Inc. $7,672,501.19
2. A. Teichert & Sons, Inc. $7,815,742.98
3. McGuire & Hester $7,909,853.58
4. DeSilva Gates $8,082,171.77
5. RGW Construction, Inc. $8,444,040.01
6. Diablo Contractors $8,529,398.91
7. Viking Construction Co. $9,066,614.84

FISCAL IMPACT
The Fiscal Year (FY) 2003/07 budget contains funds for the Sand Creek Road Project, CIP Project No. 336-3061, in the amount of $20,429,400. The entire construction amount is to be covered by Facility Fees. The construction portion of this FY 2002/03 budget is $16,451,100.

Attachments:
Resolution
Contract
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO TOP GRADE CONSTRUCTION INC. FOR THE SAND CREEK ROAD EAST PROJECT, CIP PROJECT NO. 336-3061, IN THE AMOUNT OF $7,672,501.19 AND AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS NOT TO EXCEED 10 PERCENT OF THE CONTRACT AMOUNT.

WHEREAS, on August 28, 2001, the City Council authorized the City Engineer to sign a construction contract for the construction of Sand Creek Road Central, CIP Project No. 336-3061, from west of Fairview Avenue to west of Union Pacific Railroad, with Granite Construction; and

WHEREAS, on May 28, 2002, City Council approved and adopted the 2002/07 Capital Improvement Program for the City which includes this project as a part of the program, and

WHEREAS, on the bid opening for said project was held on July 16, 2002 and Top Grade Construction Inc. was determined to have provided the lowest, responsible base bid of $7,672,501.19 for the Sand Creek Road East Project, CIP Project No. 336-3061.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the city shall award the construction contract to Top Grade Construction Inc. in the amount of $7,672,501.19 for the Sand Creek Road East Project, CIP Project No. 336-3061.

BE IT FURTHER RESOLVED that the City Manager is granted the authority to execute the agreement and change orders up to 10% of the contract amount.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 23rd day of July 2002 by the following vote:

AGREEMENT

SAND CREEK ROAD EAST
PROJECT NO. 336-3061

THIS AGREEMENT FOR CONSTRUCTION is made and entered into this 23rd day of July 2002, by and between the City of Brentwood (herein called City) and Top Grade Construction Inc., a California corporation, located at 324 Earhart Way, Livermore, California, herein called Contractor.

The City and the Contractor agree as follows:

(1) CONTRACT SUM: The City agrees to pay, and the Contractor agrees to accept, in full payment for constructing the Project in strict accordance with the Contract Documents and performing all other requirements of the Contract Documents, the sum of Seven Million, Six Hundred Seventy-Two Thousand, Five-Hundred One Dollar and Nineteen Cents ($7,672,501.19) to be paid in accordance with the Contract Documents.

(2) COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.

(3) CONTRACT DOCUMENTS: The following Contract Documents relating to this Agreement are hereby made a part of and incorporated by reference into this Agreement: The Notice Inviting Bids, Invitation to Bid, Information for Bidders, Contract Proposal, Faithful Performance Bond, Labor and Materials Payment Bond, Contractor’s Certificate Regarding Worker’s Compensation, Certificate of Insurance and Endorsement (Worker’s Compensation), Certificate of Insurance and Endorsement (General Liability), General Conditions, Special Provisions, Plans and Specifications, CalTrans Standard Plans and Specifications, City of Brentwood Standard Plans and Specifications, Plans, and supplemental agreements, certifications, and endorsements applicable to this work, with all modifications incorporated in said documents prior to receipt of the Contract Proposals. Any work called for in one Contract Document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents.

Contractors are required by law to be licensed and regulated by the Contractor’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

This Agreement is executed by the City upon approval by the City Council at their regular scheduled meeting of July 23, 2002, and the Contractor has caused this Agreement to be duly executed.

CITY OF BRENTWOOD CONTRACTOR:

By: By:
John E. Stevenson, City Manager (Authorized Representative of Contractor)

Dated ____________________, 2002 Printed Name:

Title:
ATTEST: (Attach Acknowledgment for Authorized
Representative of Contractor)

Karen Diaz, CMC
City Clerk Dated :________________________, 2002

APPROVED AS TO FORM:


______________________________
Dennis Beougher, City Attorney

(Attach Acknowledgment for Authorized Representatives of Contractor)

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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