Staff Report.FY22-23 Annual Concrete Award
PREPARED BY: James Watson
Interim Town Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023 ITEM NO: 3
DATE: March 30, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Award and Execute a Construction Agreement with Spencon Construction
in an Amount Not to Exceed $427,520; and
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed
Ten Percent of the Contract Award Amount
RECOMMENDATION:
Staff recommends that the Town Council authorize the following actions for the Annual Curb,
Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) for Fiscal Year (FY) 2022/23:
a. Award and execute a construction agreement with Spencon Construction (Attachment 1) in
an amount not to exceed $427,520; and
b. Authorize staff to execute change orders in an amount not to exceed ten percent of the
contract award amount.
BACKGROUND:
The adopted Fiscal Year (FY) 2022/23-2026/27 Capital Improvement Program (CIP) Budget
designates funding for the Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921).
The goal of this annually funded project is to replace and improve damaged or outdated curbs,
gutters, sidewalks, driveways, and curb ramps within the Town’s jurisdiction to address safety
and operational issues and to improve accessibility.
For the FY 2022/23 Curb, Gutter, and Sidewalk Maintenance (Concrete) Project, a large portion
of the work focuses on replacing or retrofitting curb ramps for compliance with the Americans
with Disabilities Act (ADA) and other accessibility requirements. Title II of the ADA obligates
jurisdictions to upgrade non-conforming curb ramps when streets are resurfaced from one
PAGE 2 OF 3 SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) DATE: March 30, 2023
DISCUSSION (continued):
intersection to another. The United States Department of Justice has determined that surface
treatments such asphalt overlay and rubber cape seal trigger the requirement for ADA
compliant curb ramps on associated streets.
The Council authorized the bid at its Feb.7, 2023 meeting. On March 2, 2023, bid packages
were opened, and five contractors submitted bids: Spencon Construction, Silicon Valley Paving,
Rosas Brothers Construction, Mercoza, and Valley Concrete (Attachment 2). The contract will
be awarded to the lowest responsive bidder, Spencon Construction. The engineer’s estimate
for a base bid was $409,900.
CONTRACTOR Base Bid Add. Alt. 1 Total Bid Amount
Spencon Construction $337,720.00 $89,800.00 $427,520.00
Silicon Valley Paving $356,830.00 $100,800.00 $457,630.00
Rosas Brothers Construction $358,500.00 $118,800.00 $477,300.00
Mercoza $395,350.00 $118,400.00 $513,750.00
Valley Concrete $483,010.00 $171,000.00 $654,010.00
CONCLUSION:
Staff recommends awarding and executing an agreement with Spencon Construction for
$427,520. This project will be constructed in advance of this year’s Street Repair and
Resurfacing Project (CIP No. 811-9901).
COORDINATION:
This project has been coordinated with the Finance Department and Town Attorney’s Office.
FISCAL IMPACT:
The FY 2022/23 – 2026/27 CIP Budget for the Curb, Gutter, and Sidewalk Maintenance Project
(CIP No. 813-9921) has sufficient funds for the construction contract, including contingency and
project delivery costs.
PAGE 3 OF 3 SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) DATE: March 30, 2023
FISCAL IMPACT (continued):
Staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the
costs of projects, recovery of costs from grant funded projects, and identification of future
staffing needs. This project utilizes a combination of full-time budgeted staff and temporary
staff that support fluctuating workloads. The costs for temporary staff will be directly
associated with this project while full-time staff are accounted for in the department’s
operating budget.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under the California Environmental Quality Act but is Categorically
Exempt (Section 15301(c)). A Notice of Exemption has been filed.
Attachments:
1. Construction Agreement with Exhibit A - Bid Summary
2. Bid Summary
Budget Costs
GFAR 544,280$
Total Budget 544,280$
Construction 427,520$
Construction Contingency (10%)42,752$
Temporary/Part-Time Staff 12,000$
Material Testing 20,485$
Other Project Delivery Costs 915$
Total Costs 503,672$
Available Balance 40,608$
Curb, Gutter, and Sidewalk Maintenance Project
CIP No. 813-9921