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11 - Parking Lot 6 Soil Treatment and Disposal.pow N o,~ MEETING DATE: 04/05/10 ITEM NO: ,~~~ .,~ ~ o,e.. cos ~G~p.~os COUNCIL/AGENCY AGENDA REPORT DATE: MARCH 22, 2010 TO: MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGNECY FROM: GREG CARSON, TOWN MANAGER/EXECUTIVEbIRECTOR ~~ SUBJECT: PPW JOB NO. 07-16A -PARKING LOT 6 SOIL TREATMENT AND DISPOSAL 411-817-0702 A. ADOPT RESOLUTION DECLARING GALEB PAVING INCORPORATED TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $56,300. B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY 1N AN AMOUNT NOT TO EXCEED $6,000. C. AUTHORIZE RESERVE ALLOCATION IN THE AMOUNT OF $62,300 FROM THE PARKING RESERVE TO 411-817-0702 FOR PARKING LOT 6. D. AUTHORIZE BUDGET ADJUSTMENT IN THE AMOUNT OF $62,300 TO 411-817-0702. RECOMMENDATION: 1. Adopt Resolution (Attachment 1) declaring Galeb Paving Incorporated to be the lowest responsible bidder on the project and award a construction contract (Exhibit A) in an amount not to exceed $56,300. 2. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $6,000. 3. Approve an additional transfer in the amount of $62,300 from the parking reserve to 411-817-0702 for Parking Lot 6. 4. Approve a budget adjustment in the amount of $62,300 to 411-817-0702-82405. BACKGROUND: Parking Lot 6, located along West Main Street between Victory Lane and Lyndon Avenue, was reconstructed and resurfaced in the Fall of 2009 and successfully opened for public use prior to the holiday season. ~`' PREPARED BY: TODD CAPURSO Director of Parlcs and Public Worlcs Reviewed by: ~ Assistant Town Manager/Deputy Director own Attorney/General Counsel Cleric Administrator/Secretary Finance Community Develop~Ilent N.\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2010 Reports\April S\07-I6%p~ikinglot6.soil.disposaLdocA~~ w.. ~ ~,.,~.~~v PAGE 2 MARCH 22, 2010 MAYOR AND TOWN COUNCIL CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: PPW JOB NO. 07-16A -PARKING LOT 6 SOIL TREATMENT AND DISPOSAL 411-817-0702 BACKGROUND (cont'd~: Prior to this project, the Town's Redevelopment Agency acquired the adjacent property located at 224 West Main Street for the purpose of adding space to -this parking lot and the overall expansion of downtown parking capacity and the eventual development of a mixed-use project including affordable housing. The acquisition of this property allowed for the expansion and improvement of Parking Lot. 6 within a single project. DISCUSSION: During the construction of the expanded parking lot, it was determined that the soil under the property located at 224 West Main Street was contaminated and could not be disposed of through normal methods. Additional .soils testing was necessary to determine the best treatment and disposal method. To keep the parking lot project schedule on-time, the excess soil from this property was moved to a separate location and the parking lot project was completed. Staff worked with the geotechnical consultant and after additional testing, it was determined that this excess soil can be treated with cement which neutralizes the contaminants in the material and can then be disposed of in normal ways and would not have to be off-hauled to a designated disposal site. Subsequently, staff prepared a scope of work for the treatment and disposal of this soil in coordination with the geotechnical consultant. 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 Parking Lot 6 Soil Treatment and Disposal Project. Bids for this project were received on March 5, 2010 as follows: • Galeb Paving Incorporated • Duran & Venables Incorporated • Joseph J. Albanese, Incorporated $56,300 $60,000 $72,000 Staff reviewed the bids and determined that Galeb Paving Incorporated 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 Galeb Paving Incorporated to be the lowest responsible bidder on the project, and award a construction contract to this company in an amount not to exceed $56,300.00. It is further recommended that the Towri Council authorize staff to execute future change'orders to the construction contract in an amount not to exceed $6,000. PAGE 3 MARCH 22, 2010 MAYOR AND TOWN COUNCIL CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: PPW JOB NO. 07-16A -PARKING LOT 6 SOIL TREATMENT AND DISPOSAL 411-817-0702 CONCLUSION: StafF recommends the Town Council adopt the attached Resolution declaril7g Galeb Paving Incorporated to be the lowest responsible bidder on the project and award a construction contract to this company in an amoluit not to exceed $56,300. 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. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice of Exemption will not be filed. FISCAL IMPACT: There are sufficient funds available for this project as demonstrated in the table below. PARI{ING LOT 6 PROJECT 411-817-0702 Available Expended/ Available Proposed Budget Encumbered Funding Balance Contract/ Available FY 2009/10 Fiscal Lupact Funding To Date Source If Approved Planned Exp. l3alancc' PARI{1NG RESERVE $ 1,522,510 $ - $ (62,300) $ - $ - $ 1,460;210` Parking Lot 6 381,336 379,750 62,300 63,886 62,300 1,586 'TOTALS $ 379,750 $ 62,300 TOTAL, EXP~NDITU~2ES BY ~CATI;GbRI': _ Consulting Services $ 35,053 Consh•uctimi 337,752 $ 56,300 Contingency 6,000 Materials L,211 Staffing 5,734 'TOTALS $ 379,750 $ 62,300 Attarhma.ntc• 1. Resolution awarding a construction contract (Exhibit A) to Galeb Paving Incorporated in an amount not to exceed $56,300. Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO GALEB PAVING, INCORPORATED FOR PPW JOB NO. 07-16A PARKING LOT 6 SOIL TREATMENT AND DISPOSAL PROJECT WHEREAS, bids were sought in conformance with State and Town law for PPW Job No.07-16A -Parking Lot 6 Soil Treatment and Disposal Project; and WHEREAS, Galeb Paving, Incorporated submitted a bid which the Town Council/Redevelopment Agency deems to be responsive to the Town's solicitation. NOW, THEREFORE, BE IT RESOLVED by the Town Council/Redevelopment Agency of the Town of Los Gatos, County of Santa Clara, State of California, that Galeb Paving, Incorporated is declared to be the lowest responsible bidder for PPW Job No. 07-16A -Parking Lot 6 Soil Treatment and Disposal 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 $56,300. BE IT FURTHER RESOLVED that staff is authorized to execute future change orders, as necessary, in an amount not to exceed $6,000. PASSED AND ADOPTED at a regular meeting of the Town Council/Redevelopment Agency 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/CHAIR OF THE REDEVELOPMENT AGENCY OF TIIE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR/SECRETARY OF THE REDEVELOPMENT AGENCY 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 Galeb Paving 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. 07-16A -Parking Lot 6 Soil Treatment and Disposal Project; in accordance with the Contract Documents. B. CONTRACT PRICE As frill compensation for furnishing 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 connected. 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 Worlc, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay (fifty six thousand three hundred dollars) $56,300, 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 Worlc. 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 sustained by Owner or third persons resulting there from. E. TIME OF COMPLETION The Worlc called for herein shall be fully completed in thirty (30) 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this day of , 2010. TOWN OF LOS GATOS, by: Greg Larson, Town Manager RECOMMENDED BY: Todd Capurso Director of Parlcs and Public Worlcs APPROVED AS TO FORM: Michael Martello, Interim Town Attorney ATTEST: Jackie Rose, Clerk Administrator Galeb Paving, Incorporated, by: (Signature) (Print Name) (Address) (City, State, Zip) (Contractor's License Number)