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8 - Park Tennis and Basketball Court Resurfacing Project.~pW N OF ,,,~,,, P ~'s4 ~~ ' !ps ^G•A,~pS DATE: TO: FROM: COUNCIL AGENDA REPORT MARCH 12, 2010 MAYOR AND TOWN COUNCIL MEETING DATE: 04/05/10 ITEM NO: ~'' j GREG CARSON, TOWN MANAGER ~,g~~~ / SUBJECT: PPW JOB NO. 10-06 -PARK TENNIS AND BASKETBALL COURT RESURFACING PROJECT A. ADOPT RESOLUTION DECLARING JOSEPH J. ALBANESE INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $61,250. B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY 1N AN AMOUNT NOT TO EXCEED $6,000. RECOMMENDATION: 1. Adopt a Resolution declaring Joseph J. Albanese Inc. to be the lowest responsible bidder on the project and award a construction contract in an amount not to exceed $61,250. 2. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $6,000. BACKGROUND: The adopted Capital Improvement Program designates funding for various public infrastructure and facility improvement projects and is consistent with the Town's goals to improve public safety and the quality of Town infrastructure. Over the years, the condition of the hard courts at Bachman, Blossom Hill, and La Rinconada parks has declined due to normal wear and deferred maintenance. As such, these courts are in need of resurfacing to restore them to a safe, useable condition. Resurfacing of hard C ~ PREPARED BY: TODD CAPURSO Director of Parlcs and Public Works Reviewed by•~~ ~ ~ ~~sistant Town Mana er ~~~Town Attorn~~~~~~ ~~~~~~ ~ m~,~~~~ ~~~~~~ ..-.~.~..~„~~a, ~ As g ey Clerk Administrator ___l ci Finance Community Development N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\20]0 Reports\April 5\10-O6.parlccourt.resurf~ce.award.doc PAGE 2 MARCH 12, 2010 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 10-06 -PARK TENNIS AND BASKETBALL COURT RESURFACING PROJECT BACKGROUND (cont'd): courts has proven to be a successful strategy to improve the condition of the courts and extend their useful life. The also creates a smoother playing surface, resulting in an improved experience for park users. The Town has secured grant funds from the State to utilize for various improvements in the park system. In recent years, various improvements have been made to the Town parks infrastructure using this same funding strategy. This resurfacing project is the next priority and another component of the overall park system infrastructure improvements that have been funded by the State of California tluough a variety of park improvement grants. DISCUSSION: For projects with a construction cost of less than $100,000, the Town's informal bid process does not require public advertising nor the preparation of plans and specifications for a project. This informal bid process allows staff to prepare a scope of work, solicit bids from three contractors, and award the contract to the lowest bidder. The Town successfully utilizes this process for small scale and uncomplicated projects. Three bids were solicited by the Town Engineer for the Park Tennis and Basl~etball Court Resurfacing Project. Two bids were received on February 26, 2010, with a third vendor declining the bid. Bids for this project were submitted as follows; • Joseph J. Albanese, Inc. • Duran & Venables, Inc. • Galeb Paving, Inc. $61,250 $66,427 Declined to bid Staff reviewed the bids and determined that Joseph J. Albanese, Inc. is the most responsible entity and is responsive to the Town's informal bid process. Staff recommends the Town Council adopt the attached Resolution declaring .Joseph J. Albanese, Inc. to be the lowest responsible bidder on the project, and award a construction contract to this company in an amount not to exceed $61,250. It is further recommended that the Town Council authorize staff to execute future change orders to the construction contract in an amount not to exceed $6,000. This change order amount is necessary due to the variables associated with this particular type of construction. This change order amount will be adequate to cover the cost of unforeseen circumstances during the course of construction, or for possible additional work not included in the original contract. PAGE 3 MARCH 12, 2010 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 10-06 -PARK TENNIS AND BASKETBALL COURT RESURFACING PROJECT CONCLUSION: Staff recommends the Town Council adopt a Resolution declaring Joseph J. Albanese, Inc. to be the lowest responsible bidder on the project and award a construction contract in an amount not to exceed $61,250. Staff further recommends the Town Council authorize the execution of future change orders to the construction contract as necessary in an amount not to exceed $6,000 ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA but is Categorically Exempt (Section 15301 c). A Notice of Exemption will not be filed. FISCAL IMPACT: There are sufficient funds for this project as demonstrated in the table below. TENNIS qNP BASKETBALL COt~RT RES[fRFACING L'ROJECT Available Expended/ Proposed Budget Encumbered Contract :1~ailablc FY 2009/10 Fiscal Impact Funding To Date Amount I_i.~l.mce 421-831-3102 $ 13,000 $ - $ 9,000 ~ 4,000 421-831-3401 39,000 - 39,000 - 421-831-3701 10,000 - 13,250 ~ ~ . ~ ~O j TOTALS $ 62,000 $ - $ 61,250 5 ?;0 TOTAL EXPENDITURES 6Y CATEGORY: Construction $ 61,250 Contingency 6,000 TOTALS $ 67,250 Attachments: 1. Resolution declaring Joseph J. Albanese, Inc. to be the lowest responsible bidder and awarding a construction contract (Exhibit A) in an amount not to exceed $61,250. Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO JOSEPH J. ALBANESE INC. FOR PPW JOB NO. 10-06 PARK TENNIS AND BASKETBALL COURT RESURFACING PROJECT WHEREAS, bids were sought in conformance with State and Town law for PPW Job No. 10-06 -Park Tennis and Basketball Court Resurfacing Project; and WHEREAS, Joseph J. Albanese, Inc. submitted the lowest bid which the Town Council deems to be responsive to the Town's solicitation. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that Joseph J. Albanese, Inc. is declared to be the lowest responsible bidder for PPW Job No. 10-06 - Parlc Tennis and Basketball Court Resurfacing project. BE IT FURTHER RESOLVED that the Town Manager is hereby authorized. and directed to execute a construction contract (attached as Exhibit A) for said project on behalf of the Town in an amount not to exceed $61,250. BE IT FURTHER RESOLVED that staff is authorized to execute future change orders to the construction contract as necessary, in an amount not to exceed $6,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the Sty' day of April, 2010, by the following vote: COUNCIL MEMBERS: AYES NAYS ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS/ LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") and Joseph J. Albanese, Inc. (hereinafter referred to as "Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows: A. SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the construction of PPW Job No. 10-06 Parlc Tennis and Basketball Court Resurfacing Project in accordance with the Contract Documents. B. CONTRACT PRICE As full compensation for fiunishing all materials and for doing all the work contemplated and embraced in this Contract, also for all loss or damage arising out of the nature of the work aforesaid, or from the actions 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 Owner, and for all risks of every description comlected with the Worlc, 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 Contract Documents, Owner shall pay (sixty one thousand two hundred fifty dollars) ($61250 ,which shall supersede any other amount specified in the Contract Documents. C. CONTRACT DOCUMENTS All rights and obligations of Owner and Contractor are fully set forth and described in the Contract Documents. All parts of the Contract Documents are intended to be correlated so that any work called for in one part and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The Contract Documents are defined in Part I, Section 1-1.01(A) of these Specifications and are incorporated herein by reference the same as though set out in full. D. BEGINNING OF WORK Following the execution of this Contract and the approval of bonds and insurance policies and certificates, Owner shall issue a Notice to Proceed with the Work. Commencing work or the entrance of equipment or materials on the site of the Worlc by Contractor before receipt of the Notice to Proceed is at the sole risk and expense of Contractor and the Contractor shall be fully liable for any damage or injury sustainedby Owner or third persons resulting there from. E. TIME OF COMPLETION The Work called for herein shall be fully completed in forty (40) working days of Contractor's receipt of the Notice to Proceed. F. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for any damages to other work and/or existing facilities resulting there from which shall appear within a period of 2 years from the date of recording of the Notice of Completion. G. LIQUIDATED DAMAGES The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Contract and Part II, Section 8-1.03_ of these Specifications pertaining to liquidated damages. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of , 2010. TOWN OF LOS GATOS, by: Greg Larson, Town Manager RECOMMENDED BY: Todd Capurso Director of Parks and Public Worlcs APPROVED AS TO FORM: Michael Martello, Interim Town Attorney ATTEST: Jackie Rose, Clerk Administrator Joseph J. Albanese, Inc. by: (Signature) (Print Name) (Address) (City, State, Zip) (Contractor's License Number