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12 Staff Report - Loma Alta Curb, Gutter, and Sidewalk Reconstruction DATE: TO: FROM: SUBJECT: MEETING DATE: 6/7/04 ITEM NO. 􀁜􀁾 COUNCIL AGENDAREPORT MAY 27, 2004 􀁍􀁁􀁙􀁏􀁒􀁁􀁎􀁄􀁔􀁏􀁗􀁎􀁃􀁏􀁕􀁎􀁃􀁾 DEBRA J. FIGONE, TOWN MANAGER 􀀢􀁾􀁾􀁾􀁾􀁲􀀢􀀧􀀼􀀢􀀭􀀭􀀭 AWARD OF CONSTRUCTIONCONTRACT FORPROJECT 04-40 -LOMA . ALTA CURB, GUTTER. AND SIDEWALK CONSTRUCTION A. ADOPT RESOLUTION DECLARING CB CONCRETE CONSTRUCTION INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $29,450.00 B. AUTHORIZE STAFF TO ISSUE CHANGES ORDER TO THE CONSTRUCTION CONTRACT UP TO AN AMOUNT OF $5,000 RECOMMENDATION: 1. Adopt Resolution (Attachment 1) declaring CBConcrete Construction, Inc. to be the lowest responsible bidder on the project and awarding a construction contract (Exhibit A) in the amount of$29,450.00. 2. Authorize staff to issue change orders to the construction contract up to an amount of $5,000. BACKGROUND: The pedestrian access issues regarding Lorna Alta Avenue and Spreckles Avenue have been the topic of much discussion since last year. Currently there are no sidewalks for a section of Lorna Alta Avenue near Spreckles Avenue. Residents have been using private pathways on the Eastfield Ming Quong property as their way of getting around this area. This situation has been a security and privacy concern for Eastfield Ming Quong. Town staff began dialogues with the neighborhood residents and Eastfield Ming Quong last year. After many meetings and discussions, a final resolution was reached which was agreeable to most parties involved. The proposed plan will construct new curb, gutter, and sidewalk along Lorna Alta Avenue which will provide continuous . sidewalks to J ohnson Avenue and Sprekles Avenue. This project is funded by contributions from Eastfield Ming Quong· and a private development proj ect (construction ofcurb, gutter, and sidewalk has been a condition ofapproval for this proj ect) in this area, and is consistent with the Town's goals to improve public safety in neighborhoods. "{I n 􀁾􀀭􀀯􀀧 -􀁾􀁾 -L<-(/£,;('-'] PREPARED BY: ,JOHNE. CURTIS \ "Director ofParks and Public Works Reviewed by: 􀁾􀁁􀁳􀁳􀁩􀁳􀁴􀁡􀁮􀁴 Town Manager 􀁾􀁁􀁴􀁴􀁯􀁲􀁮􀁥􀁹__Clerk Finance Community Development Revised: 611104 1:06 pm Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\04-40.1oma.alta.c&g.&sidewalk.award.of.contract.wpd PAGE 2 􀁍􀁁􀁙􀁏􀁒􀁁􀁎􀁄􀁔􀁏􀁗􀁎􀁃􀁏􀁕􀁎􀁃􀁾 SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR PROJECT 04-40 -LOMA ALTA CURB, GUTTER, AND SIDEWALK CONSTRUCTION MAY 27, 2004 Eastfield Ming Quong has been very cooperative during this entire process and has worked with the neighbors and the Town in developing a plan which is being implemented. Their financial contribution is the main source of funding for this project. DISCUSSION: Staff prepared"plans and specifications for these improvements and used the informal bidding process (since the project will cost under $75,000)to soliCit bids from three contractors. Bids for the Loma Alta Avenue Curb, Gutter, and Sidewalk Project were received on May 27,2004. The following contractors submitted bids for this project: CB Construction Company Joseph J. Albanese, Inc. JJR Construction; Inc. $ 29,450.00 $ 30,001.00 $ 35,000.00 , Staff has checked all of the bids received and has determined that CB Concrete Construction Inc. is responsible and its bid is responsive. It is recommended that the Council adopt the attached Resolution declaring CB Concrete Construction, Inc. to be the lowest responsible bidder on the project and award a construction contract to this firm in the amount of $29,450.00. Further, it is recommended that the Council authorize stafftb execute future Change Orders to the construction contract up to an amount of $5,000. Given the variables associated with this type of construction, shiff should be able to manage the constructibn work and the change order amount is adequate to cover the cost of unforeseen circumstances that may arise during the course' of construction, and/or for addItional quantities ofwork that may exceed thoseinc1uded 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 project is defined under CEQA but is Categorically Exempt (Section 15301@). A Notice of Exemption will not be filed. PAGE 3 MAYOR AND TO\VN COUNCIL SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR PROJECT 04-40 -LOMA ALTA CURB, GUTTER, AND SIDEWALK CONSTRUCTION MAY 27, 2004 FISCAL IMPACT: The adopted Capital Improvement Program 400-0349 contains sufficient funds for the Curb, Gutter and Sidewalk Project as displayed below: . FY2002/03 Curb, Gutter and Sidewalk 400-0349 FY2002/03 Adopted Budget Total Curb, Gutter and Sidewalk 400-0349 FY2002-03 . Fiscal Year Actual FY2003-04 Adjusted Expended/Encumbered Available Budget Or Planned To Date Balance $ 177,637 $ 171,376 $ 6,261 FY2003/04 FY2003/04 CarryForward FY2003/04 New Allocation JRR Contingency Propos ed Contract Proposed Contingency Total Curb, Gutter and Sidewalk 400-0349 $ 6,261 315,000 321,261 $ 185,192 50,000 29,450 5,000 269,642 $ 51,619 Eastfield Ming Quong has agreed to contribute $35,000 towards this project, which will be credited to Capital Improvement Program 400-0349. Attachments: 1. Resolution (with Exhibit A) Construction Contract 2. Proposed Map of Area RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CB CONCRETE CONSTRUCTION INC. FOR PROJECT 04-40 LOMA ALTA CURB, GUTTER, AND SIDEWALK CONSTRUCTION WHEREAS, bids were sought in conformance with State and Town law for Project No. 0440 -Lorna Alta Curb, Gutter, and Sidewalk Construction; and WHEREAS, CB Concrete Construction Inc. submitted the lowest 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 ofSanta Clara, State ofCalifornia, that CB Concrete Construction Inc. is declared to be the lowest responsible bidder for Project No. 04-40 -Lorna Alta Curb, Gutter, and Sidewalk Construction. BE IT FURTHERRESOLVED that the Town Manager is hereby authorized and directed to execute a construction contract (Attached as Exhibit A) for said project on behalf ofthe Town in the amount of $29,450.00. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as necessary, up to art amount of $5,000. Attachment 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the 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 GATOS/LOS GATOS, CALIFORNIA CONTRACT THIS AGREEMENT is between the Town ofLos Gatos (hereinafterreferred to as "Owner") and CB Concrete 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 of the work for the construction of Project No. 04-40 -Lorna Alta Curb, Gutter, and Sidewalk Construction 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 beencountered in the prosecution ofthe 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 ofthe 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 (twenty nine thousand four hundred fifty dollars ($29,450), 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, Ownershall issue a Notice to Proceedwith 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 ofContractor, 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 by (30) working days of Contractor's receipt of the 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 of recording of the Notice ofCompletion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of ,20__. TOWN OF LOS GATOS, by: Debra J. Figone, Town Manager RECOMMENDED BY: John E. Curtis Director of Parks and Public Works APPROVED AS TO FORM: Orry P. Korb, Town Attorney ATTEST: Marian V. Cosgrove, Town Clerk CONTRACTOR, by: (Signature) (Print Name) (Address) (City, State, Zip) (Contractor's License Number) N+J s:: ClJ E .c ·uttl +J +J c:(