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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: March 23, 2004

Subject/Title: Award the Construction Contract for the Sand Creek Road Screen Planting at Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution awarding the construction contract for the Sand Creek Road Screen Planting at Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061, to Misan Construction and authorize the City Manager to execute the agreement and necessary documents in the amount of $50,675, and grant the City Manager authority to execute change orders up to 10% of the contract amount.

PREVIOUS ACTION
On July 23, 2002, City Council authorized the City Manager to sign a construction contract with Top Grade Construction, Inc. for the construction of Sand Creek Road (East), CIP Project No. 336-3061, from east of Minnesota Avenue to just west of Brentwood Boulevard, crossing the Union Pacific Railroad.

On September 10, 2002, City Council authorized City staff to temporarily close the Sand Creek Road/O’Hara Avenue Loop, from just west of Brentwood Boulevard to just north of Central Boulevard, for a four-week period, for the construction of Sand Creek Road (East), CIP Project No. 336-3061, to install utilities including potable and non-potable waterlines, storm drains, and sewer.

On March 11, 2003, City Council authorized City staff to temporarily close the Sand Creek Road/O’Hara Avenue Loop from Brentwood Boulevard to Central Boulevard for two, two-week periods, for the Sand Creek Road (East), CIP Project No. 336-3061 to install and later remove the temporary shoofly.

On May 27, 2003, by Resolution No. 2868, City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the Sand Creek Road (East) Project, CIP Project No. 336-3061.

On September 23, 2003, City Council authorized the City Manager to execute a Contract Change Order with Concrete Science Inc. for special structural and construction materials support for the Sand Creek Road (East), CIP Project No. 336-3061, in the amount of $16,000, and authorized the City Manager to approve change orders up to 10% of the revised total contract amount of $65,000.

On February 24, 2004, City Council authorized the City Manager to execute a Professional Services Agreement for The Covello Group, Inc., to provide project management assistance during the construction of the Sand Creek Road (East) Project, CIP Project No. 336-3061 and associated mitigation and landscaping projects, and also authorize the City Manager to approve change orders up to 10% of the contract amount.

BACKGROUND
The Sand Creek Road project currently under construction did not include any landscaping as it was intended that staff would do this work under a separate contract. The design for the landscaping for the center median and portions of the parkway has been completed and staff anticipates taking that project forward under a separate CIP project in summer of 2004. The timing of this landscaping is primarily due to the timing of the Environment Enhancement Mitigation Program (EEMP) grant applications the City has submitted and it is currently anticipated that the City will receive notification of these grants by late summer of 2004. Any landscaping work performed prior to this notification would not be eligible for grant funds; however, the City has anticipated the need for some of the landscaping to be installed prior to receiving the notification on the grant. This work consists of the landscape screening on the west side of the railroad tracks to minimize any potential visual and noise impacts to the adjacent residents associated with the road crossing over the railroad tracks. This work was not included in the grant application and therefore, the City would not be forfeiting any reimbursement by moving forward with this work. This work consists of installing an irrigation system and planting of 24” box trees and some ground cover to provide an immediate benefit instead of installing the typical 15 gallon size trees that require several years to reach the 24” box size.

Once the notification is received on the grant, the City will advertise the project and bring a construction contract before Council for approval. It is important to note that the budget for the remaining landscaping work has been established in such a fashion that the City can move forward with this work even if the grant is not awarded to the City.

Due to the volume of work anticipated, the City conducted an informal bid process and requested bids from five contractors. The City advertised the project for construction bids beginning February 12, 2004, and bids were opened on February 26, 2004. A total of three (3) bids were received. The bids were reviewed and the lowest responsive, responsible bid was received from Misan Construction in the amount of $50,675.

The three bids were:

1. Misan Construction $50,675.00
2. Cassani Landscaping $51,299.00
3. Oracle Landscape $56,930.00

FISCAL IMPACT
The funds for this work are paid for through facility fees, which are included in the existing budget as approved by this year’s Capital Improvement Program 2003/04 as follows: Roadway Improvements - $18,746,500; Development Water Facility Funds - $2,423,800, and Development Sewer Facility Funds - $530,100, for a total project cost of $21,916,800. This budgeted amount includes both Sand Creek Road (Central) (completed) and Sand Creek Road (East) (under construction).

There are sufficient funds to accommodate this landscaping contract in the amount of $50,675 plus the 10% contingency in the overall budget and more specifically in the category of Construction. The addition of this contract to the project will not require the amendment of the overall budget of $21,916,800.
Attachments:
Resolution
Agreement
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AWARD THE CONSTRUCTION CONTRACT FOR THE SAND CREEK ROAD SCREEN PLANTING AT RAILROAD CROSSING, AS PART OF THE SAND CREEK ROAD PROJECT, CIP PROJECT NO. 336-3061, TO MISAN CONSTRUCTION AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND NECESSARY DOCUMENTS IN THE AMOUNT OF $50,675, AND GRANT THE CITY MANAGER AUTHORITY TO EXECUTE CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT.

WHEREAS, on July 23, 2002, City Council authorized the City Manager to sign a construction contract with Top Grade Construction, Inc. for the construction of Sand Creek Road (East), CIP Project No. 336-3061, from east of Minnesota Avenue to just west of Brentwood Boulevard, crossing the Union Pacific Railroad; and

WHEREAS, on February 24, 2004, City Council authorized the City Manager to execute a Professional Services Agreement for The Covello Group, Inc., to provide project management assistance during the construction of the Sand Creek Road (East) Project, CIP Project No. 336-3061 and associated mitigation and landscaping projects, and also authorize the City Manager to approve change orders up to 10% of the contract amount; and

WHEREAS, the Sand Creek Road project currently under construction did not include any landscaping as it was intended that staff would do this work under a separate contract; and

WHEREAS, the timing of this landscaping is primarily due to the timing of the EEMP grant applications the City has submitted and it is currently anticipated that the City will receive notification of these grants by late summer of 2004. Any landscaping work performed prior to this notification would not be eligible for grant funds; and

WHEREAS, the City has anticipated the need for some of the landscaping to be installed prior to receiving the notification on the grant. This work consists of the landscape screening on the west side of the railroad tracks to minimize any potential visual and noise impacts to the adjacent residents associated with the road crossing over the railroad tracks; and

WHEREAS, this work was not included in the grant application and therefore, the City would not be forfeiting any reimbursement by moving forward with this work.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that the City Manager be authorized to execute a Construction Contract with Misan Construction in an amount of $50,675, for the Sand Creek Road Screen Planting at Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061.

BE IT FURTHER RESOLVED that the City Manager is authorized to approve 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 held on the 23rd day of March 2004 by the following vote:
AGREEMENT

SAND CREEK ROAD SCREEN PLANTING AT RAILROAD CROSSING
PROJECT NO. 336-3061

THIS AGREEMENT FOR CONSTRUCTION is made and entered into this 23rd day of March, 2004, by and between the City of Brentwood (herein called City) and Misan Construction, a California corporation, a partnership or an individual (circle one) located at 485 Gristmill Drive, Brentwood, CA 94513, 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 Fifty Thousand, Six Hundred and Seventy Five Dollars ($50,675) 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: 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), Plans and Specifications, CalTrans 1992 Standard Plans and Specifications, City of Brentwood Standard Plans and Specifications, Plans, and supplemental agreements, attachments, 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 March 23, 2004, 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: _________________, 2004 Printed Name: _______________


ATTEST: Title: _______________
(Attach Acknowledgment for Authorized
Representative of Contractor)
_____________________________
Karen Diaz, CMC
City Clerk Dated :____________________, 2004


APPROVED AS TO FORM:

______________________________
Dennis Beougher, City Attorney

(Attach Acknowledgment for Authorized Representatives of Contractor)
 

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