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CITY COUNCIL AGENDA ITEM NO. 5


Meeting Date: June 10, 2008

Subject/Title: Adopt a Resolution denying the bid protest filed by William G. McCullough Company, approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Downtown Infrastructure, CIP Project No. 562-56382, with Delta Excavating, Inc. in the amount of $790,070, plus a 10% contingency of $79,007, for a total amount of $869,077.

Prepared by: Paul Eldredge, Assistant Director of Public Works/Assistant City Engineer

Submitted by: Bailey Grewal, Director of Public Works/City Engineer



RECOMMENDATION
Adopt a Resolution denying the bid protest filed by William G. McCullough Company, approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Downtown Infrastructure, CIP Project No. 562-56382, with Delta Excavating, Inc. in the amount of $790,070, plus a 10% contingency of $79,007, for a total amount of $869,077.

PREVIOUS ACTION
On May 27, 2008, by Resolution No. 2008-137, City Council adopted the City’s 2008/09 – 2012/13 Capital Improvement Program (CIP), which included the Downtown Infrastructure, CIP Project No. 562-56382.

BACKGROUND
This project is the first phase of the City’s efforts to improve the downtown’s aging water, sewer and storm drain systems in order to provide the necessary support for existing and future development in the downtown area.

This project will consist of installation of water mains, storm drains and sanitary sewer improvements along portions of Maple Street between Second Street and Brentwood Boulevard, Oak Street between Garin Parkway and Second Street and Third Street between Oak Street and Chestnut Street. Traffic lanes may be reduced to one lane in each direction during the construction period on Third Street, Oak Street and Maple Street. The Contractor’s working hours will be limited from 7:00 a.m. to 7:00 p.m. (daylight permitting), Monday through Saturday to expedite the work.

The Contractor will maintain access to all properties and businesses and will be committed to minimize any inconvenience during the construction of this project. The Contractor will also inform all residents and business owners in writing 48 hours prior to the street being affected by construction to take the necessary precautions for that day. To accommodate the annual Cornfest event, there will be no construction work from Wednesday, July 9th at 7:00 p.m. to Monday, July 14th at 7:00 a.m.

Staff advertised the project on May 6, 2008, and bids were opened on June 3, 2008. A total of seven (7) bids were received and are listed below:

Delta Excavating, Inc. $ 790,070.00
William G. McCullough Company $ 839,325.00
Teichert Construction $ 966,995.00
Granite Construction $ 1,067,925.00
J & M, Inc. $ 1,104,217.00
Pacific Underground Construction $ 1,265,560.00
MJB Pipeline $ 1,285,600.00

A bid protest letter was submitted by William G. McCullough Company on June 3, 2008, stating that the apparent low bidder, Delta Excavating, Inc., per California Public Contract Code Section 4100, et seq. had not listed a subcontractor for the work related to directional boring. Staff has verified and confirmed that this scope of work will be performed by the General Contractor, Delta Excavating, Inc.; therefore, they are not required to list themselves as a subcontractor. Staff is recommending that Council deny this bid protest.

After review of the bid proposals, staff recommends the award of the construction contract for the Downtown Infrastructure, CIP Project No. 562-56382, to Delta Excavating, Inc.

FISCAL IMPACT
The total bid amount is $790,070, plus a 10% contingency of $79,007, for a total amount $869,077. The funds associated with this work are included in the adopted 2008/09 – 2012/13 Capital Improvement Program, which includes the Downtown Infrastructure, CIP Project No. 562-56382.

Attachments:
Resolution
Agreement
Protest Letter from William G. McCullough Company

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO DENY THE BID PROTEST FILED BY WILLIAM G. MCCULLOUGH COMPANY, APPROVE THE CONTRACT DOCUMENTS, AWARD THE BID AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT AND NECESSARY DOCUMENTS FOR THE DOWNTOWN INFRASTRUCTURE, CIP PROJECT NO. 562-56382, WITH DELTA EXCAVATING, INC. IN THE AMOUNT OF $790,070, PLUS A 10% CONTINGENCY OF $79,007, FOR A TOTAL AMOUNT OF $869,077.


WHEREAS, on May 27, 2008, by Resolution No. 2008-137, City Council adopted the City’s 2008/09 – 2012/13 Capital Improvement Program (CIP), which included the Downtown Infrastructure, CIP Project No. 562-56382; and

WHEREAS, this project is the first phase of the City’s efforts to improve the downtown’s aging water, sewer and storm drain systems in order to provide the necessary support for existing and future development in the downtown area; and

WHEREAS, the Downtown Infrastructure project includes the construction of potable water mains, communications conduit, storm drainage and sanitary sewer improvements along portions of Maple Street, Oak Street and Third Street; and

WHEREAS, staff advertised the project on May 6, 2008, and bids were opened on June 3, 2008, and a total of seven (7) bids were received with Delta Excavating, Inc. submitting the lowest, responsible, responsive bid; and

WHEREAS, a bid protest letter was submitted by William G. McCullough Company on June 3, 2008, stating that the apparent low bidder, Delta Excavating, Inc., per California Public Contract Code Section 4100, et seq. had not listed a subcontractor for the work related to directional boring; and

WHEREAS, staff has verified and confirmed that this scope of work will be performed by the General Contractor, Delta Excavating, Inc.; therefore, they are not required to list themselves as a subcontractor.

WHEREAS, staff recommends the award of the construction contract for the Downtown Infrastructure, CIP Project No. 562-56382, to Delta Excavating, Inc. for a contract amount of $790,070, plus a 10% contingency of $79,007, for a total amount of $869,077.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does provide as follows:

Section 1. The City Council finds as follows:

1. All of the recitals are true and correct and incorporated herein.

2. Staff has verified and confirmed that this scope of work will be performed by the General Contractor, Delta Excavating, Inc.; therefore, they are not required to list themselves as a subcontractor.

Section 2. The City Council denies the bid protest filed by William G. McCullough Company based on the findings stated above.

Section 3. The City approves the contract documents, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents for the Downtown Infrastructure, CIP Project No. 562-56382, with Delta Excavating, Inc. in the amount of $790,070, plus a 10% contingency of $79,007, for a total amount of $869,077.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of June 2008 by the following vote:


AGREEMENT


DOWNTOWN INFRASTRUCTURE
CIP PROJECT NO. 562-56382


THIS AGREEMENT FOR CONSTRUCTION is made and entered into this _____ day of ______________, 2008 by and between the City of Brentwood (herein called City) and Delta Excavating, Inc., a California corporation, a partnership or an individual (circle one) located at 307 Shipyard Road, Antioch, CA 94509, (925) 778-1000, 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 HUNDRED NINETY THOUSAND AND SEVENTY DOLLARS ($790,070) 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 (May 2006), City of Brentwood Standard Plans and Specifications (current version), 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 CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 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 June 10, 2008, and the Contractor has caused this Agreement to be duly executed.


CITY OF BRENTWOOD: DELTA EXCAVATING INC.:

By: By: ______ __________
Donna Landeros, City Manager (Authorized Representative of Contractor)


Dated: _________________________, 2008 Printed Name: __________


ATTEST: Title: __________

___________________________________
Margaret Wimberly, CMC
City Clerk Dated ___________________, 2008


APPROVED AS TO FORM:

___________________________________
Damien B. Brower, City Attorney

 
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