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CITY COUNCIL AGENDA ITEM NO. 28

Meeting Date: May 13, 2003

Subject/Title: Award the Construction Contract for the Brentwood Boulevard Curve, CIP Project No. 336-3100.

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the City Manager to award the construction contract for the Brentwood Boulevard Curve, CIP Project No. 336-3100, to Bay Cities Paving & Grading, Inc.; in the amount of $412,916.50; and grant the City Manager authority to execute change orders up to 10% of the contract amount.

PREVIOUS ACTION
On February 8, 2000, the City Council authorized the application of Federal Surface Transportation Program funding for the Brentwood Boulevard Curve, CIP Project No. 336-3100.

On May 28, 2002, the City Council adopted the City’s 2002/03 - 2006/07 Capital Improvement Program that included the Brentwood Boulevard Curve, CIP Project No. 336-3100.

On August 27, 2002, the City Council approved Resolution No. 2648, authorizing the City Manager to execute Program Supplement Agreement No. 005-M administering agency-state agreement for the Brentwood Boulevard Curve, CIP Project No. 336-3100.

BACKGROUND
This federally funded project will realign the Brentwood Boulevard 10 mph curve between Second Street and Pine Street at Safeway. The project will modify the super-elevation to smooth out the curve, widen the travel lanes, install a raised median, and landscape both the median and parkway along the east side.

The City advertised the project for construction bids beginning April 7, 2003, and bids were opened on May 5, 2003. A total of seven (7) bids were received. The bids were reviewed and the lowest responsive, responsible bid was received from Bay Cities Paving & Grading, Inc. in the amount of $ 412,916.50.

The seven bids were:

1. Bay Cities Paving & Grading, Inc. $ 412,916.50
2. O.C. Jones & Sons $ 506,333.00
3. Top Grade Construction Co. $ 516,355.00
4. J.A. Gonsalves & Son Construction Co. $ 632,672.00
5. Rick Armstrong Engineering $ 631,662.06
6. Fanfa, Inc. $ 642,957.01
7. Teichert Construction Co. $ 786,613.00

ENGINEER’S ESTIMATE: $ 612,700.00

FISCAL IMPACT
The funds for this work are through roadway fees and two separate grants as shown in the existing budget as approved in this year’s Capital Improvement Program 2002/03. This expenditure is a qualified item for Federal Grant Funds and the City will receive reimbursement as part of this project at a rate of 88.53% of the total project cost up to $920,000.00.

Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AWARDING THE CONSTRUCTION CONTRACT TO BAY CITIES PAVING & GRADING, INC. FOR THE BRENTWOOD BOULEVARD CURVE, CIP PROJECT NO. 336-3100, IN THE AMOUNT OF $412,916.50; AND GRANT THE CITY MANAGER AUTHORITY TO EXECUTE CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT.

WHEREAS, on February 8, 2000, the City Council authorized the application of Federal Surface Transportation Program funding for the Brentwood Boulevard Curve, CIP Project No. 336-3100; and

WHEREAS, on May 28, 2002, the City Council adopted the City’s 2002/03 - 2006/07 Capital Improvement Program that included the Brentwood Boulevard Curve, CIP Project No. 336-3100; and

WHEREAS, on August 27, 2002, the City Council approved Resolution No. 2648, authorizing the City Manager to execute Program Supplement Agreement No. 005-M administering agency-state agreement for the Brentwood Boulevard Curve, CIP Project No. 336-3100; and

WHEREAS, the bid opening for said project was held on May 5, 2003, and Bay Cities Paving & Grading, Inc. was determined to have provided the lowest, responsible base bid of $412,916.50, which was the basis for awarding the contract.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby authorizes the City Manager to award the construction contract to Bay Cities Paving & Grading, Inc., in the amount of $412,916.50 for the Brentwood Boulevard Curve, CIP Project No. 336-3061.

BE IT FURTHER RESOLVED that the City Manager is granted the authority to execute 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 13TH day of May 2003 by the following vote:

City of Brentwood

ENGINEERING DEPARTMENT

CIP PROJECT NO. 336-3100

THIS AGREEMENT, made and concluded, in duplicate, ,
between the City of Brentwood thereof, party of the first part, and Bay City Paving & Grading, Inc.

AGREEMENT

BRENTWOOD BOULEVARD (STATE ROUTE 4) CURVE REALIGNMENT
PROJECT NO. 336-3100

THIS AGREEMENT FOR CONSTRUCTION is made and entered into this 13th day of May 2003, by and between the City of Brentwood (herein called City) and Bay Cities Paving & Grading, Inc., a California corporation, a partnership or an individual (circle one) located at 5029 Forni Drive, Concord, 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 Four Hundred Twelve Thousand Nine Hundred Sixteen Dollars and Fifty Cents ($412,916.50) 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 1999 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.

Contractor, party of the second part.

ARTICLE I. -WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City of Brentwood, the work described in the special provisions and the project plans described below, including any addenda thereto, and also in conformance with the California Department of Transportation Standard Plans, dated July1999, the Standard Specifications, dated July 1999, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.

The special provisions for the work to be done are dated March 21, 2003 and are entitled:

City of Brentwood;
ENGINEERING DEPARTMENT
NOTICE TO CONTRACTORS AND SPECIAL PROVISIONS FOR

BRENTWOOD BOULEVARD CURVE

IN

BRENTWOOD, CA

The project plans for the work to be done were approved March 21, 2003 and are entitled:

City of Brentwood;
ENGINEERING DEPARTMENT
PROJECT PLANS FOR

BRENTWOOD BOULEVARD CURVE

IN

BRENTWOOD, CA

ARTICLE II. -The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III. -The State general prevailing wage rates determined by the Director of Industrial Relations are hereby made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE IV. -By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in conformance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE V. -And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Brentwood ENGINEERING DEPARTMENT, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:

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 May 13, 2003, and the Contractor has caused this Agreement to be duly executed.

CITY OF BRENTWOOD BAY CITIES PAVING & GRADING, INC.:

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

Dated: _________________, 2003 Printed Name:

ATTEST: Title:
(Attach Acknowledgment for Authorized
Representative of Contractor)
_____________________________
Karen Diaz, CMC
City Clerk Dated: ____________________, 2003

APPROVED AS TO FORM:

______________________________
Dennis Beougher, City Attorney

(Attach Acknowledgment for Authorized Representatives of Contractor)

City Administration
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