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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: July 27, 2004

Subject/Title: Approve a Resolution approving the Contract Documents and Award the Construction Contract for the Sand Creek Road Wetland Mitigation Ponds, 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 approving the Contract Documents and award the Construction Contract for the Sand Creek Road Wetland Mitigation Ponds, as part of the Sand Creek Road Project, CIP Project No. 336-3061, to Soil Enterprises, Inc. and authorize the City Manager to execute the agreement and necessary documents in the amount of $244,642, 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 September 23, 2003, 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.
On March 23, 2004, City Council awarded the Construction Contract for the Sand Creek Road Screen Planting at the Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061.

On April 27, 2004, City Council approved a Resolution authorizing staff to execute necessary documents to the California Department of Fish and Game for the necessary Habitat Mitigation measures for the Sand Creek Road (East) Project, CIP Project No. 336-3061.

BACKGROUND
The Sand Creek Road (East) Project among other things included the construction of a bridge over Marsh Creek and several storm drain outfalls into Marsh Creek. These improvements required a stream bed alteration agreement from the California Department of Fish and Game (DFG) which conditioned the City to obtain and protect a ten acre site and construct a one acre wetland within the ten acres (mitigation). The City in conjunction with the SunCal Developer identified a suitable site adjacent to Dry Creek within the limits of the development and after approval by DFG staff the City acquired the property.

The City advertised the project for construction beginning Wednesday, June 23, 2004 and bids were opened on July 15, 2004. A total of four bids were received, the bids were reviewed and the lowest responsive, responsible bid was received from Soil Enterprises, Inc.

The four bids were:

1. Soil Enterprises, Inc. $244,642
2. Blue Iron, Inc. $291,268
3. Steelhead Constructors, Inc. $296,620
4. Grade Tech, Inc. $587,936

Staff recommends the award of the construction contract for the Sand Creek Road Wetland Mitigation Ponds, as part of the Sand Creek Road Project, CIP Project No. 336-3061, to Soil Enterprises, Inc., for the amount of $244,642, plus 10% contingencies for a total contract amount of $269,106.20.

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 2004/05 for a total project cost of $21,077,430.

This budgeted amount includes both Sand Creek Road (Central) (completed) and Sand Creek Road (East), for which construction is almost complete.

There are sufficient funds to accommodate this wetland mitigation ponds contract in the amount of $244,642, plus the 10% contingency for a total project cost of $269,106.20 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 $21,077,430.

Attachments:
Resolution
Agreement
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE CONTRACT DOCUMENTS AND AWARD OF THE CONSTRUCTION CONTRACT FOR THE SAND CREEK ROAD WETLAND MITIGATION PONDS, AS PART OF THE SAND CREEK ROAD PROJECT, CIP PROJECT NO. 336-3061, TO SOILS ENTERPRISES, INC., IN AN AMOUNT NOT TO EXCEED $244,642 AND FURTHER AUTHORIZE THE CITY MANAGER TO EXECUTE CHANGE ORDERS WITHIN A 10% CONTINGENCY.

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 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; and

WHEREAS, on September 23, 2003, 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, on April 27, 2004, City Council approved a Resolution authorizing staff to execute necessary documents to the California Department of Fish and Game for the necessary Habitat Mitigation measures for the Sand Creek Road (East) Project, CIP Project No. 336-3061; and

WHEREAS, four bids were submitted on July 15, 2004 for this work with Soils Enterprises, Inc. submitting the most responsive responsible low bid in an amount not to exceed $244,642.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that the contract documents are approved and the award of the construction contract for the Sand Creek Road Wetland Mitigation Ponds, as part of the Sand Creek Road Project, CIP Project No. 336-3061, is awarded to Soils Enterprises, Inc., and further authorize the City Manager to execute changes orders within a 10% contingency for a total authorized contract amount of $269,106.20.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of July 2004 by the following vote:

AGREEMENT

SAND CREEK ROAD WETLAND MITIGATION PONDS
CIP PROJECT NO. 336-3061

THIS AGREEMENT FOR CONSTRUCTION is made and entered into this 27th day of July 2004 by and between the City of Brentwood (herein called City) and Soil Enterprises, Inc., a California corporation, a partnership or an individual (circle one) located at 2995 Taylor Lane, Suite 3, Byron, CA 94514, 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 Two Hundred Forty Four Thousand Six Hundred and Forty Two Dollars ($244,642) 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 27, 2004 and the Contractor has caused this Agreement to be duly executed.

CITY OF BRENTWOOD SOIL ENTERPRISES, INC.

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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