2009122111 Staff ReportMEETING DATE: 12/21/09
ITEM NO:
COUNCIL AGENDA REPORT
DATE: DECEMBER 10, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
I 1
SUBJECT: PPW JOB NO. 04-68 — ROBERTS ROAD BRIDGE RECONSTRUCTION
PROJECT 411-818-0802
A. ADOPT RESOLUTION DECLARING JONES BROTHERS ENTERPRISES
INCORPORATED TO BE THE LOWEST RESPONSIBLE BIDDER ON
THE PROJECT AND AWARD A CONSTRUCTION CONTRACT IN AN
AMOUNT NOT TO EXCEED $2,075,429.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSTRUCTION CONTRACT AS NECESSARY IN AN AMOUNT
NOT TO EXCEED $300,000.
C. AUTHORIZE A BUDGET ADJUSTMENT FROM THE ANNUAL STREET
RESURFACING PROGRAM OF $150,000 TO BE APPROPRIATED TO
THIS PROJECT.
RECOMMENDATION:
1. Adopt Resolution (Attaclunent 1) declaring Jones Brothers Enterprises Incorporated to be
the lowest responsible bidder on the project and award a construction contract (Exhibit
A) in an amount not to exceed $2,075,429.
2. Authorize staff to execute future change orders to the construction contract as necessary
in an amount not to exceed $300,000.
3. Authorize a budget adjustment from the Annual Street Resurfacing program of $150,000
to be appropriated to this project.
BACKGROUND:
The adopted Capital Improvement Program designates funding for various street repairs and
resurfacing projects, and is consistent with the Town goals of improving public safety and the
quality of Town streets. The Town utilizes local funds in conjunction with available grants to
fund these various projects. The Town has been able to secure a Highway Bridge Replacement
and Rehabilitation Program (HBRR) grant from Caltrans for the design and construction of this
proj ect.
\ 6S) c_.,3
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: c3 Assistant Town Manager Town Attorney
Clerk Administrator 9Yinance Community Development
N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2009 reports\December 21\04-68.roberts.road.bridge.award.doc
PAGE 2
DECEMBER 10, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 04-68 — ROBERTS ROAD BRIDGE RECONSTRUCTION
PROJECT—411-818-0802
BACKGROUND (cont'd):
In accordance with Caltrans guidelines, staff requested construction funding for the project in
winter 2008. During the period, the State of California was going through severe budget
challenges and all State -funded projects were put on hold. However, staff continued to
collaborate with Caltrans over a several month period and endeavored to keep this project on the
Caltrans active funding list. As result of these efforts, funding for the construction of this project
was secured on August 24, 2009. This construction funding also includes an amount of nearly
$1,000,000 for additional elements of the project, such as: the replacement of failed retaining
walls along Roberts Road; construction of curb, gutter, and sidewalk; and roadway
reconstruction. The Caltrans grant funds 88.5% of all project costs, and the Town's match of
local funds is 11.5%.
DISCUSSION:
This project will include the construction of a single span bridge on Roberts Road across Los
Gatos Creek, replacement of failing retaining walls on both sides of Roberts Road from the
bridge west to Brickway Court, and reconstruction of the Roberts Road from the new bridge to
Brickway Court. Additionally, the construction will include curb, gutter, and sidewalk on the
south side of Roberts Road.
At the regular Town Council meeting held November 2, 2009, the Town Council approved plans
and specifications for the Roberts Road Bridge Reconstruction Project and authorized staff to
advertise the project for bids.
On December 9, 2009, ten bids were received for this project. The Bid Summary is hereby
attached as (Attachment 2).
Staff reviewed all bids received. After tabulating the bid results, staff determined that Jones
Brothers Enterprises Incorporated is a responsible entity and that its bid is most responsive to the
Town's foinial bid process.
The first phase of the construction will involve utility relocations and roadway and retaining wall
improvements which will continue until spring 2010. It is anticipated that the existing bridge
will be kept open until April 2010. At that time, the bridge will be closed for demolition,
removal and construction of the new bridge. It is anticipated the construction of this project will
begin in January 2010 and be completed by December 2010.
PAGE 3
DECEMBER 10, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 04-68 — ROBERTS ROAD BRIDGE RECONSTRUCTION
PROJECT—411-818-0802
CONCLUSION:
Staff recommends the Town Council adopt the attached Resolution declaring Jones Brothers
Enterprises Incorporated the lowest responsible bidder on the project and award a construction
contract in an amount not to exceed $2,075,429.00.
It is further recommended that Council authorize staff to execute future change orders to the
construction contract in an amount not to exceed $300,000. The change order amount is
adequate to cover the cost of unforeseen circumstances that may arise during the course of
construction, or for additional scope of work that may exceed those included in the award of the
contract due to the variables associated with this type of construction.
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 for this project as demonstrated in the fiscal table below.
ROBERTS ROAD BRIDGE' RECONSTRUCTION PROJECT
Adjusted FY 2009/10 Proposed
Project Budget Project Prior Yrs. FY 2009/10 Expended/Enc Contract Committed Available
FY 2009/10 Fiscal Impact Budget Adjustment Budget Expenditures Budget To Date Amount Funds Balance
411-818-0802 $ 295,720 $ 150,000 $ 445,720 $ 4,516 $ 441,204 6 5,151 S 273,174 5 47,862 6 115,017
421-818-0802 1,881,600 1,385,150 3,266,750 408,515 2,858,235 29,851 2,102,255 368,326 357,803
TOTALS SS 2,177,320 $ 1,535,150 $ 3,712,470 S 413,031 $ 3,299,439 $ 35,002 $ 2,375,429 $ 416,188 S 472,820
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor 1,080
Materials 4,071
Engineering/Design 29,851
Construction
Construction Management
Construction Support
Contingency
2,075,429
300,000
270,888
145,300
TOTALS $ 35,002 $ 2,375,429 $ 416,188
Attachments:
1. Resolution declaring Jones Brothers Enterprises Incorporated as the lowest responsible
bidder and awarding a construction contract (Exhibit A) in an amount not to exceed
$2,075,429.00
2. Bid Summary
Attaclunent 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
JONES BROTHERS ENTERPRISES INCORPORATED
FOR PPW JOB NO. 04-68
ROBERTS ROAD BRIDGE RECONSTRUCTION
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No.04-68 — Roberts Road Bridge Reconstruction; and
WHEREAS, Jones Brothers Enterprises Incorporated submitted a 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 Jones Brothers Enterprises Incorporated is
declared to be the lowest responsible bidder for PPW Job No. 04-68 — Roberts Road Bridge
Reconstruction 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 the amount of $ 2,075,429.00.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $300,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 21st day of December, 2009, 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 Jones Brothers Enterprises Incorporated hereinafter referred to as
("Contractor"). Owner and Contractor, for the consideration hereinafter named, agrees as
follows:
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of PPW
Job No. 04-68 — Roberts Road Bridge Reconstruction Project.
B. CONTRACT PRICE
As full 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 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 (two -million seventy -five -thousand four -hundred twenty-nine
dollars) $2,075,429.00, 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 there from.
E. TIME OF COMPLETION
The Work called for herein shall be fully completed by December 17, 2010.
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 ,20
TOWN OF LOS GATOS, by: CONTRACTOR, by:
Jones Brothers Enterprises Incorporated
Greg Larson, Town Manager (Signature)
RECOMMENDED BY: (Print Name)
Todd Capurso (Address)
Director of Parks and Public Works
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney (City, State, Zip)
ATTEST:
Jackie Rose, Clerk Administrator (Contractor's License Number)