Item 6 Staff Report Storm Drain Improvement Projectsn
COUNCIL AGENDA REPORT
DATE: AUGUST 9, 2001
TO: MAYOR AND TOWN_ OUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 09/04/01
ITEM NO. i
STORM DRAIN IMPROVEMENT PROJECTS -
PROJECT NO. 00-12: HOLLYWOOD/YOSEMITE/WHEELER AVES.
PROJECT NO. 00-24: MASSOL/NICHOLSON/TAIT/HERNANDEZ AVES.
PROJECT NO. 00-35: CYPRESS/HIGH STREETS
PROJECT NO. 00-36: LORA DRIVE
PROJECT NO. 00-39: BACHMAN PARK
A. APPROVE DESIGN MODIFICATION AND ASSOCIATED CHANGE
ORDER #1 IN CONNECTION WITH PROJECT NO. 00-35:
CYPRESS/HIGH STREETS.
B. ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO
EXECUTE CONTRACT AMENDMENT WITH MCH GENERAL
ENGINEERING CONTRACTORS, INC. FOR A NOT TO EXCEED
AMOUNT OF $35,000 FOR LYNDON AVE. STORM DRAINAGE
IMPROVEMENTS AND APPROVE ASSOCIATED BUDGET
APPROPRIATION FOR SUCH WORK.
RECOMMENDATION:
1.
2.
Approve design modification and associated Change Order #1 in connection with
Project No. 00-35: Cypress/High Streets.
Adopt Resolution authorizing Town Manager to execute contract amendment with
MCH General Engineering Contractors, Inc. for a not to exceed amount of $35,000
for Lyndon Ave. storm drainage improvements and approve associated budget
appropriation for such work.
"did:,
PREPARED BY: Larry I. Perlin
z,
Les White
Interim Town Engineer Interim Director of Parks & Public Works
Reviewed by: pk. Attorney inance Revised: 8/30/01 2:45 pm
Reformatted: 5/30/01 N:1B&E\CNCC.RPTSIMCH Storm Drain Changes.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: STORM DRAIN IMPROVEMENT PROJECTS
August 9, 2001
BACKGROUND:
On August 7, 2000, the Council(Redevelopment Agency) awarded a construction contract to MCH
General Engineering Contractors, Inc. for the five subject storm drain improvement projects. The
awarded contract amount was $526,156 and staff was authorized to issue Change Orders to the
contract up to an amount of $78,920. Last month, all of the work under the base contract was
completed, and staff is presently working with the contractor to close out the contract.
DISCUSSION:
Design Modification and Change Order #1 in Connection with Project No. 00-35:
Cypress/High Streets - In the course of the construction staking for the Cypress/High Street work,
it became evident to staff that an alternative design was needed to eliminate an open drainage ditch
along the south side of Cypress St. between Spring St. and High St. The approved project design
anticipated leaving the ditch in place, while diverting drainage from the street around it. As planned,
the project would have negated the need for the ditch, but not eliminate it.
An alternative design was thus developed by staff that involved filling in the ditch and extending the
street section across it, thus eliminating other concrete and drainage improvements that were
contemplated in the approved design. The new design also better conveys drainage from the four
properties adjacent to the ditch, creates several on -street parking spaces where none previously
existed, and to some extent, improves traffic safety along this section of Cypress St. by creating more
room for two vehicles traveling in opposite directions to pass one another.
The work associated with the alternative design, except for curb and gutter installation, was not
covered by the items of work bid in the original project and included on Purchase Order No.
2001087 issued for it. The contractor was therefore directed to proceed with the alternative work
via the issuance of Change Order No. 1, which amounted to a net increase in the contract amount
of only $373. However, because of the extent of the design change, the Town Attorney believes it
is prudent for the Council to approve the alternative design at this time, albeit retroactively, and it
is recommended that the Council do so.
Lyndon Avenue Storm Drain Improvements - Staff is also requesting Council approval to proceed
with one additional storm drain repair project on Lyndon Avenue. The project involves placement
of a new 24-inch storm drain pipe and related work in a Town drainage easement located in the
parking lot of the property at 16 Lyndon Avenue. The pipe would replace a buried concrete channel
that collects considerable debris that threatens the downstream storm drain system, and that is
difficult for Town crews to maintain. It would also allow for the property owner to extend the
parking lot over the easement area allowing for the creation of several additional parking spaces that
would then bring the property into conformance with the Town's current parking standards. The
contractor is prepared to proceed with the additional work under a Time and Materials arrangement
with a not -to -exceed limit of $35,000. Under this approach, staff believes the actual cost will end
up between $25,000 and $27,500. Because the contractor can proceed with this work immediately,
it is recommended that the Council authorize the Town Manager to execute a contract amendment
n
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MAYOR AND TOWN COUNCIL
SUBJECT: STORM DRAIN IMPROVEMENT PROJECTS
August 9, 2001
for this work for a not -to -exceed amount of $35,000. The alternative would be for the Town to bid
this work separately, but given the relatively small size of this job which is unlikely to attract the
attention of contractors, and the amount of time involved to assemble a bid package, advertise the
work, and award a construction contract, this approach is not recommended in the interest of
completing this work before the onset of inclement weather.
CONCLUSION:
It is recommended that the Council accept the staff recommendations as described above.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
For the Cypress/High Street change in work scope, the adopted budget for that project is sufficient
to cover the additional cost associated with the change. For the additional work proposed on Lyndon
Avenue that would be included in the scope of the contract amendment, staff recommends that the
Council approve a supplemental budget appropriation of $35,000 from the unappropriated fund
balance in Storm Basin #2 (Fund #462) to fund the cost of these additional improvements.
Currently, the fund balance of Storm Basin #2 is approximately $150,000, so there are sufficient
funds available for this supplemental appropriation.
Distribution:
MCH General Engineering Contractors, Inc., 1817 Stone Avenue, San Jose, CA 95125
RESOLUTION NO.
RESOLUTION AUTHORIZING TOWN MANAGER
TO EXECUTE AMENDMENT TO CONTRACT
WITH MCH GENERAL ENGINEERING CONTRACTORS, INC.
FOR ADDITIONAL STORM DRAIN SYSTEM IMPROVEMENTS
ON LYNDON AVENUE
WHEREAS, the Town of Los Gatos and MCH General Engineering Contractors, Inc.
entered into a construction contract to complete storm drain system improvements on August 7,
2000; and
WHEREAS, the Town desires to amend said contract to include additional storm drain
system improvements on Lyndon Avenue for an amount not to exceed $35,000..
NOW, THEREFORE, BE IT RESOLVED that the Town Manager is authorized and directed
to execute said contract amendment attached hereto on behalf of the Town.
PASSED and ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos
held on the 4`11 day of September, 2001 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CLERK
LOS GATOS, CALIFORNIA
AMENDMENT TO CONTRACT
This AMENDMENT TO CONTRACT is entered into this day of
2001, by and between the Town of Los Gatos, State of California, herein called "Town," and , MCH
General Engineering Contractors, Inc., herein called "Contractor."
RECITALS
A. Town and Contractor entered into a Public Works Construction Contract on August 7, 2000,
("Contract"), a copy of which is attached hereto as Attachment 1 and incorporated herein by
reference.
B. Town desires to have Contractor perform additional work under said Contract, such work to
consist of installation of improvements to Town's storm drain system located at 16 Lyndon
Avenue, and as is more particularly shown and described on plans prepared by the Town
Engineer.
AMENDMENT
1. Said Contract between Town and Contractor is hereby amended to include installation of
improvements to Town's storm drain system located at 16 Lyndon Avenue to the scope of
work under said Contract.
2. Said Contract is further amended to provide that Town shall pay Contractor an amount not
to exceed Thirty -five -thousand dollars ($35,000) as full compensation for the performance
of such additional work.
3. All other terms and conditions of the Contract dated August 7, 2000 remain in full force and
effect.
IN WITNESS WHEREOF, the Town and Contractor have executed this Amendment as of
the date indicated above.
Revised: November 13, 2000
NAMASTER wpd
-1-
Town of Los Gatos, by: MCH General Engineering Contractors, Inc.,
by:
Debra J. Figone, Town Manager (Signature)
Town of Los Gatos
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
(Print Name)
Approved as to Form:
Marian V. Cosgrove, Town Clerk Orry P. Korb, Town Attorney
Revised: November 13, 2000
N: MASTER\CONTRACTWmendment.wpd
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(—TICE OF THE TOWN CLERK
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THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner")
and M.C.H. GENERAL ENGINEERING CONTRACTORS, INC. (hereinafter referred to as
"Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows:
CONTRACT
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of Project #
00-12, 00-24, 00-34, 00-35, 00-36, 00-39 in accordance with the Contract Documents.
B. CONTRACT PRICE
As full compensation for furnishing all materials, equipment, labor, appurtenances and incidentals,
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 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 Contract Documents, Owner shall pay FIVEHUNDRED TWENTY SIX THOUSAND ONE HUNDRED FIFTY
SIX AND No/OEt tars ($526. t 56. oo ), 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 Work 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 therefrom.
E. TIME OF COMPLETION
The Work called for herein shall be fully completed within the time limit set forth in the Special
Conditions.
Rcv February 1. 2000 i Ary Imb
16
U
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 therefrom 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 I, Section 8-1.03 of these Specifications pertaining to liquidated damages.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of 5th day
of SEPTEMBER , 20 00
TOWN OF LO GATOS, by:
Town Manager
LCS IJN/iE,
APPROVED AS TO FORM:
Korb, Town Attorney
ATTEST:
1 aA d4k. Marian V. Cosgrove, Tow -Clerk
Rev February 1. 2000 / At), Imb
CONTRACTOR, by;
(Signature)
• HORLEBEIN, PRESIDENT
(Pnnt Name
1817 STONE AVENUE
(Address)
SAN JOSE, CA 95125-1311
(City, State, Zip)
708195
(Contractor's License Number)
17
RS, INC.
RESOLUTION 2001 - 99
RESOLUTION AUTHORIZING TOWN MANAGER
TO EXECUTE AMENDMENT TO CONTRACT
WITH MCH GENERAL ENGINEERING CONTRACTORS, INC.
FOR ADDITIONAL STORM DRAIN SYSTEM IMPROVEMENTS
ON LYNDON AVENUE
WHEREAS, the Town of Los Gatos and MCH General Engineering Contractors, Inc.
entered into a construction contract to complete storm drain system improvements on August 7,
2000; and
WHEREAS, the Town desires to amend said contract to include additional storm drain
system improvements on Lyndon Avenue for an amount not to exceed $35,000.
NOW, THEREFORE, BE IT RESOLVED that the Town Manager is authorized and directed
to execute said contract amendment attached hereto on behalf of the Town.
PASSED and ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos
held on the 4th day of September, 2001 by the following vote:
AYES: Randy Attaway, Sandy Decker, Steve Glickman
Mayor Joe Pirzynski
NAYS: None
ABSENT: Steven Blanton
ABSTAIN: None
SIGNED:/s/ Joe Pirzynski
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
4.
TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
September 4, 2001/Minutes
TOWN COUNCIL in
The Town Council/Parking Authority/Redevelopment
East Main Street, at 7:01 p.m., ency of the Mondayown of LSeptember 4,t 2001,e
Council Chambers of the Town Hall, 1 O
in joint regular session.
ROLL CALL
Present:
Absent:
Randy Attaway, Sandy Decker, Steve Glickman,
and Mayor/Chairman Joe Pirzynski.
Steve Blanton.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Attorney, Orry Korb, reported that Council had not met in Closed Session this evening.
STAFF INTRODUCTIONS
Les White, Iterim Public Works Director, introduced the newest members of his department to Council.
Mary Greenberg -Gillespie, Administrative Analyst; Imad Baiyasi, Assistant Civil Engineer; Melissa
Huang, Assistant Civil Engineer; and Fred Ho, Engineer.
SCHEDULE OF PUBLIC HEARINGS (01.28)
Informational report regarding currently scheduled public hearings was received and filed.
COUNCIL CALENDAR OF MEETINGS (02.28)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
RATIFICATION OF PAYROLL/AUGUST 2001 (03.V)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council ratify the check registers for the
payrolls of August 5, 2001 through August 18, 2001, paid on August 24, 2001, in the amount of
$475,451.03. Carried by a vote of 4 ayes. Mr. Blanton absent.
ACCOUNTS PAYABLE/RATIFICATION/AUGUST 2001 (04.V)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council ratify the accompanying check
registers for accounts payable invoices paid on August 17, 2001 and August 24, 2001, in the amount
of $599,652.68. Carried by a vote of 4 ayes. Mr. Blanton absent.
STORM DRAIN
PRJ 0012:
PRJ 0024:
PRJ 0035:
PRJ 0036:
PRJ 0039:
IMPROVEMENTS/RESOLUTION 2001-99 (06.24)
Hollywood/Yosemite/Wheeler Avenue
Massol/Nicholson/Tait/Hernandez Avenues
Cypress/High Streets
Lora Drive
Bachman Park
TC:D 13:MM090401
Town Council Minutes September 4, 2001
Redevelopment Agency Los Gatos, California
STORM DRAIN IMPROVEMENTS/RESOLUTION 2001-99 (continued)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2000-99 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO
EXECUTE AMENDMENT TO CONTRACT WITH MCH GENERAL ENGINEERING
CONTRACTORS, INC. FOR ADDITIONAL STORM DRAIN SYSTEM IMPROVEMENTS ON
LYNDON AVENUE, not to exceed $32,500; and to approve design modification and associated
change order #1 in connection with Project 0035: Cypress/High Streets. Carried by a vote of 4 ayes.
Mr. Blanton was absent.
PENNSYLVANIA AVENUE 315/RESIDENTIAL/APPEAL/RESOLUTION 2001-100 (08.15)
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2000-100 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE
DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST TO
CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED R-1:8 AND
REMANDING APPLICATION TO THE PLANNING COMMISSION; Architecture and Site
Application: S-00-123; Property Location: 315 Pennsylvania Avenue. Property Owner/Applicant:
Mike Grabill. Appellant: Duino Giordano. Carried by a vote of 4 ayes. Mr. Blanton was absent.
VERBAL COMMUNICATIONS
Ray Davis, resident, spoke of large houses being built in the hillsides and asked that Council take some
actions to stop this.
HEARINGS
DOWNTOWN PARKING MANAGEMENT/FUNDING HOLIDAY PROGRAM/HEARING (11.36)
Mayor Pirzynski announced that this was the time and place so noted to consider a draft downtown
parking management plan and to authorize $98,600 from the General Fund Reserve for parking for the
2001 Downtown Holiday Parking Program. He noted that five subjects could be dealt with tonight:
The Downtown Holiday Parking Program; East Main -Civic Center Parking Program; Uniform
Residential Parking Restrictions; Leasing of Private Property for Parking; Verizon Parking Lot Lease
supplying additional Parking Spaces for the Downtown.
Pat Gibson, consultant for Kaku and Associates, who conducted an analysis of the downtown parking
needs, gave an overview of the draft parking management plan. Using the high and low of the
percentages that the community and staff believe will work, the study identified a need for 75 to 150
new spaces needed for comfortable parking in the downtown. He spoke of sharing these spaces, both
through the north end of Town and the south end. He noted that employee permits are the most
effective way to allow some employees to park in the core area and some employees to park outside the
core. The study suggests more unlimited parking zones in the core than we have today.
He spoke of St. Mary's offering parking for a portion of time in the evenings and also allowing the
private sector to lease their private parking lots. With 20 to 35 spaces available privately, they may be
able to lease those spaces to the employees. All downtown parking would be for two hours except by
permit, and there would be full permit parking in the evenings. The preferential parking districts would
be treated alike, and he suggested adding more streets to the parking permit areas. He spoke of St.
Mary's school program that would keep the school turn over parking out of the businesses and save the
parking for customers. St. Mary's does impact lot six in the mornings, and the school can supply
enough on site parking to serve their needs. When weddings and funerals are held they will open their
sports area for parking.
TC: D 13: MM090401
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