11 Staff Report - Construction Contract for Project 03-49
DATE: COUNCIL AGENDA REPORT MARCH 31, 2004 MEETING DATE: 4/5/04 ITEM NO. J' TO: FROM: SUBJECT: I . MAYORANDTOWNCOUNCIL DEBRA J. FIGONE, TOWNMANAGER uJ,JN}D. AWARD
OF CONSTRUCTION CONTRACT FOR PROJECT 03-49 CURB, GUTTER, AND SIDEWALKREPAIRAND REPLACEMENT FORFISCAL YEAR 2003-04 A. ADOPT RESOLUTION DECLARlNG JJR CONSTRUCTION, INC. TO BE THE LOWEST
RESPONSIBLE BIDDER ON THE PROJECT AND AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $184,925.00 B. AUTHORIZE STAFF TO ISSUE CHANGES ORDER TO THE CONSTRUCTION CONTRACT UP TO AN AMOUNT
OF $80,000 RECOMMENDATION: 1. Adopt Resolution (Attachment 1) declaring JJR Construction, Inc. to be the lowest responsible bidder on the proj ect and awarding a construction contract
(Exhibit A) in the amount of$184,925.00. 2. Authorize staff to issue change orders to the construction contract up to an amount of$80,000. BACKGROUND: This project funds the annual repair
and replacement of deficient curbs, gutters, and sidewalks throughout Town. Location for repairs and replacement work are identified throughout the year by Parks and Public Works Department
staff. The primary cause.of damage to curbs, gutters, and sidewalks is tree root growth. The Town has many mature tress that were planted years ago, a,nd despite their beauty, have outgrown
the small planter areas which they are located in and their roots have grown under sidewalks, and in some cases, under the roadway causing uplifts and extensive damage. DISCUSSION: Over
the past 3 years, The Town has spent over $1 million dollars in replacing damaged concrete curbs, gutters, and sidewalks. We have been able to eliminate many areas with tripping hazards,
but the trees will continue to grow and so will the uplifting of curbs and sidewalks. PREPARED BY: CURTIS 'rector ofParks and Pu lie Works Reviewed by:
Town Manager ttomey __Clerk {C.........-Finance Community Development Revised: 3/31/04 '8: 17 am Refonnatted: 5/30102 N:\B&E\COUNCIL REPORTS\03-49.curb.gutter.sidewalk.award.of.c
ontract.wpd
PAGE2 , SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR PROJECT 03-49 CURB, GUTTER, AND SIDEWALK REPAIR AND REPLACEMENT FOR FISCAL YEAR 2003-04 MARCH
31, 2004 The 2003-04 fiscal year was the last year that we had a budget of over $300,000 for this work. Because of limited Town Capital Improvement funds, there has been discussions
about instituting a Townwide policy of cost sharing for removal and replacement of concrete, curb, gutter, and sidewalks. A number of municipalities have already such policies in place
and they share the cost ofcurb, gutter, and sidewalk replacement with the property owners on a 50150 basis. In light ofthe current budget challenges, the Council may want to consider
implementation ofsuch a cost sharing policyinLos Gatos. This concept will be discussed as part of the proposed Capital Improvement Program for FY 2004-08. Sealed bids for the Curb, Gutter,
SidewalkRepair, and Replacement Project were received on March 24, 2004. Four (4) bids were submitted and a summary of the. bids. received is attached ;is (Attachment 2). Staff has checked
all of the bids received and has detennined that JJR Construction, Inc. is responsible, and its bid is responsive. It is recommended that the Council adopt the attached Resolution declaring
JJR Construction, Inc. to be the lowest responsible bidder on the project and award a construction contract to this finn in the amount of$184,925.00. Further, it is recommended that
the Council authorize staffto execute future Change Orders to the construction contract up to an amount of$80,000. This gives us the opportunity to take advantage ofvery low bid prices
and perfonn other concrete repairs around the Town as part of this project. Given the variables associated with this type of construction, staff should be able to manage the construction
work and the change order amount is adequate to cover· the cost of unforeseen circUIl1stances that may arise during the course of construction, and/or for additional quantities of work
that may exceed those included in the awarded contract. The construction ofthis project is anticipated to be completed by July 2004. CONCLUSION: Staffrecommends that the Council accept
the staffrecommendations noted above. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA but is Categorically Exempt (Section 15301@). A Notice of Exemption will not be
filed. FISCAL IMPACT: There are sufficient funds in Project 400-0349 to fund the $184,925.00 contract and the $80,000 contingency, per the approved FY2003-04 Capital Improvemellt Program
as demonstrated on the next page. .. .
( --------\ \--./PAGE 3 SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR PROJECT 03-49 CURB, GUTTER AND SIDEWALK REPAIR AND REPLACEMENT FOR FISCAL YEAR 2003-04
MARCH 31, 2004 C'=·.==__ ActualJ !CurlJ, Gutter. and Sidewalk 400-0349
i Adjusted i I Budget! Or PlannedTo Date I Balance! I$ 177,637 I $ 171,376 I $
ITotal Curb, Gutter and Sidewalk 400-0349 I iJJR Contin enc I 80,000 I ITotal Curb, Gutter and Sidewalk 400-0349 ! $ 321,261 I $ 265,192 I $ 56,069 , Attachments: 1. Resolution (with
Exhibit A) Construction Contract with JJR, Construction, Inc. 2. Bid Tabulation Sheet ' ,, '
CONTRACT THIS AGREEMENTis between the Town ofLos Gatos (hereinafterreferred to as "Owner") and JJR Construction, 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 ofthe work for the construction ofProj ect #0349 -Curb,
Gutter, & Sidewalk Repair and Replacement for fiscal year 2003-04 in accordance with the Contract Documents. 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 ofthe nature ofthe work aforesaid, or from the actions ofthe elements, or from
any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution ofthe work until its acceptance byOwner, and for all risks o:t;;every description connected
with the Work, also for all expenses incurred by or in consequence of)he suspension or discontinuance ofwork, and for well and faithfully completing the Work, and the whole thereof,
in the manner and according to the Contract Documents, Owner shall pay one hundred eightyfour thousand nine hundred twenty five dollars ($184,925.00), which shall supersede any other
amount specified in the Contract Documents. C. CONTRACT DOCUMENTS All rights and obligations ofOwner 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 ofthis 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 ofequipment or materials on the site ofthe Work by Contractor before receipt ofthe 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 SEVENTY(70) working days of Contractor's receipt ofthe Notice to Proceed. , . Exhibit A
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 of2 years from the date ofrecording ofthe Notice ofCompletion. G. LIQillDATED 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 day of ,20__. TOWN OF LOS GATOS, by: D¥pra J. Figone, Town Manager RECOMMEND BY: John E. Curtis Director of Parks and Public
Works APPROVEDAS TO FORM: OrryP. Korb, Town Attorney ATTEST: Marian V. Cosgrove, Town Clerk CONTRACTOR, by: JJR Construction, Inc. (Signature) JJR. Construction, Inc. (Print Narne) (Address)
San Mateo, CA 94402 (City, State, Zip) (Contractor's License Number)
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT WITH JJR CONSTRUCTION, INC. FOR PROJECT 03-49 CURB, GUTTER, AND SIDEWALK REPAIR AND
REPLACEMENT FOR FISCAL YEAR 2003-04 WHEREAS, bids were sought in conformance with State and Town law for Project No. 0349 -Curb, Gutter, and Sidewalk Repair and Replacement for Fiscal
Year 2003-04; and <, WHEREAS, JJR Construction, mc. submitted the lowest bid whieh the Town Council deems to be responsive to the Town's solicitation. f.; t, NOW, THEREFORE, BE IT RESOLVED
by the ToWn Council of the Town ofLos Gdtos, County of Santa Clara, State of California, that JJR Construction, me. is declared to be the lowest responsible bidder for Project No.03-49
-Curb, Gutter, and Sidewalk Repair and Replacement for Fiscal Year 2003-04. BE IT FURTHERRESOLVED that the Town Manager is hereby authorized and directed to execute a construction contraet{Attached
as Exhibit A) for said project on behalfofthe Town in the amount of$184,925.00. BE BE ITFURTHER RESOLVED, that staffis authorized to execute future change orders, as necessary, up to
an amount of$80,000. " . Attachment 1
PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Los Gatos, California, held on the day of 2004, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN:
SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOSI LOS GATOS, CALIFORNIA
·... L .__ ......... . . _ ('" \ . ./TOWll ofLos Gatos Parks alld Public Works Department FY 0.v04 Curb, Gutter & Sidewidk Repair & Replacement Project #03-49 Certified Bid Tabulatioll
Bid opening: March 24, 20Q4. at 10:00 A.M. at the Civic Center ItenlNo, Descri tiOIl BASE BID SUMMARY 1 Sidewalk 2 Curb & Gutter 3 Root Prune 4 Demolition 5 ADA Ram s JJR Construction,
Inc. Joseph J. Albanese, Inc. CB Construction George Bianchi Construction 1120 9th Ave. PO Box 667 17484 ShelbumeWay 775-A Mabury Rd. San Mateo, CA 94402 Santa Clara, CA 95052 Los Gatos,
CA 95030 San Jose, CA 95133 nltPricJi. .lmlr(Jo.st u;#tJ>.riCl! IWn,Co.st 6.75 123525.00 8.50 155,550.00 8.90 162,870.00 9.90 181,170.00 34.00 41,650.00 41.00 50,225.00 45.00 55,125.00
49.50 60,637.50 50.00 5,750.00 ' 110.00 12650.00 140.00 16,100.00 192.50 22,137.50 3.00 3,000.00 6.00 6,000.00 4.00 4,000.00 6.60 6,600.00 1,100.00 11000.00 1,663.00 16,630.00 2400,00
24,000.00 1,988.00 19880.00 $184,925.00 $241,055.00 $262,095.00 $290,425.00 l::. i' -t 11 ') :r 3D+ .) This certifies that all bids were received sealed and opened on March 24, 2004,
and, that this isa/i;oif0PY bid tabulation with bids corrected for errors in addition & multiplication. By: .4/ / ,y