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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: September 14, 2004

Subject/Title: Approve a Resolution Approving the Contract Documents and Award the Construction Contract for the Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130.

Prepared by: Engineering: F. Lideros/B. Bornstein

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving the contract documents and award the construction contract for
The Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130, to the lowest responsible bidder, Granite Construction Co., and authorize the City Manager to execute the agreement and necessary documents in the amount of $219,985.00, plus a 10% contingency.

PREVIOUS ACTION
City Council approved the 2004/05 - 2008/09 Capital Improvement Program (CIP) for the City of Brentwood, which included the Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130.

City Council approved the Professional Consultant Services Agreement with Bellecci & Associates for the design of Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130.

BACKGROUND
The existing pavement on Lone Tree Way between O’Hara Avenue and Brentwood Boulevard is distressed due to utility improvements and age. Overlaying the roadway at this time will prevent the need to replace the entire roadway in the near future at a significantly higher cost. The City’s Pavement Management Program identifies this roadway as a high priority for overlay at this time.

The City has applied for and been awarded a federal Surface Transportation Program (STP) grant for this project. The funds from this grant as well as funds transferred from another federally funded project are in the amount of $586,000.

The City of Brentwood advertised the project for construction beginning Sunday, August 15, 2004 and bids were opened on Tuesday, September 7, 2004. A total of 5 bids were received, the bids were reviewed and the lowest responsive, responsible bid was received from Granite Construction Co.

The 5 bids were:

1. Granite Construction Co. $219,985.00
2. Bay Cities Paving and Grading, Inc. $239,778.05
3. De Silva Gates Construction $241,222.00
4. MCK Services Inc. $250,992.73
5. Top Grade Construction, Inc. $253,845.30

Staff recommends the award of the construction contract for the Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130 to Granite Construction Co., Inc. for the amount of $219,985 plus a 10% contingency for a total contract amount of $241,983.50.

FISCAL IMPACT
The funds associated with this work are included in the recently adopted Capital Improvement Program 2004/2009 and the construction budget contains $545,000 in funds for the construction of the Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130, and the low bid amount of $219,985, is less than the budgeted amount.

This project is primarily funded by Federal Funds in the amount of $194,840.71.

Attachment:
Resolution
Site Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO APPROVE THE CONTRACT DOCUMENTS AND AWARD THE CONSTRUCTION CONTRACT FOR THE LONE TREE WAY OVERLAY/IMPROVEMENTS, CIP PROJECT NO. 336-3130, TO GRANITE CONSTRUCTION CO. AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND NECESSARY DOCUMENTS IN THE AMOUNT OF $219,985.00, PLUS A 10% CONTINGENCY.

WHEREAS, City Council approved the 2004/05 - 2008/09 Capital Improvement Program (CIP) for the City of Brentwood, which included the Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130; and

WHEREAS, City Council approved the Professional Consultant Services Agreement with Bellecci & Associates for the design of Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130; and

WHEREAS, City Council of the City of Brentwood approved the contract documents for the Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130 and staff advertised the project out for a formal public bid on Sunday, August 15, 2004; and

WHEREAS, five bids were submitted on September 7, 2004 for this work, with Granite Construction Co. submitting the most responsive responsible low bid in the amount of 219,985.00; and

WHEREAS, the total project cost falls within the approved 2004/05-2008/09 Capital Improvement Program construction line item budget for Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130; and

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 Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130, is awarded to Granite Construction Co., plus a 10% contingency for a total authorized contract amount of $241,983.50.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of September 2004 by the following vote:

City of Brentwood

ENGINEERING DEPARTMENT

CIP PROJECT NO. 336-3130
FEDERAL AID PROJECT NO. STPL 5300 (004)

THIS AGREEMENT, made and concluded, in duplicate, ,
between the City of Brentwood thereof, party of the first part, and Granite Construction Company.

AGREEMENT

LONE TREE WAY OVERLAY/IMPROVEMENTS
PROJECT NO. 336-3130

THIS AGREEMENT FOR CONSTRUCTION is made and entered into this 14th day of September 2004, by and between the City of Brentwood (herein called City) and Granite Construction, a California corporation, a partnership or an individual (circle one) located at 585 W. Beach Street, Watsonville, CA 95076, 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 Nineteen Thousand Nine Hundred and Eighty Five Dollars ($219,985) 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 2002 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 July 2002, the Standard Specifications, dated July 2002, 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 August 15, 2004 and are entitled:

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

LONE TREE WAY OVERLAY/IMPROVEMENTS

IN

BRENTWOOD, CA

The project plans for the work to be done were approved August 6, 2004 and are entitled:

City of Brentwood;
ENGINEERING DEPARTMENT
PROJECT PLANS FOR

LONE TREE WAY OVERLAY/IMPROVEMENTS

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 September 14, 2004, and the Contractor has caused this Agreement to be duly executed.

CITY OF BRENTWOOD GRANITE CONSTRUCTION COMPANY

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)

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov