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10 Staff Report - Santa Cruz Avenue ResurfacingMEETING DATE: 5/16/05 ITEM NO. 10 COUNCIL/AGENCY AGENDA REPORT DATE: MAY 2, 2005 TO: MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVEL MENT AGENCY FROM: DEBRA J. FIGONE, TOWN MANAGER/EXECUT D TOR SUBJECT: AWARD OF CONSTRUCTION CONTRACT FORPROJECT 04-13 -SANTA CRUZ AVENUE RESURFACING A. ADOPT RESOLUTION DECLARING DURAN AND VENABLES, INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $538,500.00 B. AUTHORIZE STAFF TO ISSUE CHANGES ORDER TO THE CONSTRUCTION CONTRACT UP TO AN AMOUNT OF $70,000 RECOMMENDATION: 1. Adopt Resolution (Attachment 1) declaring Duran and Venables, Inc. to be the lowest responsible bidder on the project and awarding a construction contract (Exhibit A) in the amount of $538,500.00 2. Authorize staff to issue change orders to the construction contract up to an amount of $70,000. BACKGROUND: At the Town Council meeting on February 22, 2005, Council gave staff direction to proceed with preparation of construction documents for placement of an asphalt overlay on Santa Cruz Avenue. This decision to place an asphalt overlay instead of reconstructing the street was reached after receiving public input from merchants and residents of the area and evaluation of the project impacts both from an operational and economic perspective by the Council: On March 21, 2005, the Town Manager/Executive Director approved the plans and specifications for the S anta Cruz Avenue Resurfacing Proj ect and authorized staff to advertise the proj ect for bids. This project will involve removal of approximately four inches of existing asphalt surfacing and replacement with four inches of new asphalt overlay. This work requires closing the Santa Cruz Avenue from Main Street to Highway 9 for a two-week construction period. Z. PREPARED BY: e0irector E. CURTIS of Parks and Public Works Reviewed by: sistant Town Manager AJ/ Attorney -Clerk--,e- zFinance Community Development Revised: 5/2/05 1:54 pm Reformatted: 5/30/02 NAB&E\COUNCIL REPORTS\04-13.santa.cruz.ave.resurfacing.wpd PAGE 2 MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR PROJECT 04-13 -SANTA CRUZ AVENUE RESURFACING MAY 2, 2005 DISCUSSION: Sealed bids for the Santa Cruz Avenue Resurfacing Project were received by the Cleric Administrator on April 27, 2005. Five (5) bids were submitted and a summary of the bids received is attached (Attachment 2). Staff has carefully checked all of the bids received, including references, and has determined that Duran and Venables, Inc. is the lowest responsive bidder. It is recommended that the Council/Agency adopt the attached Resolution declaring Duran and Venables, Inc. to be the lowest responsible bidder on the project and award a construction contract to this firm in the amount of $538,500.00. Further, it is recommended that the Council/Agency authorize staff to execute future Change Orders to the construction contract up to an amount of $70,000. Given the variables associated with this type of construction and the amount of the recommended contract, staff should be able to manage the construction 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 of work that may exceed those included in the awarded contract. This project will implement a wide range of measures which have been discussed and approved by the Council previously over the past months to minimize construction impacts to the downtown community. There will also be a marketing campaign for Los Gatos during the summer months to promote the local merchants and products in downtown Los Gatos and throughout the Town. If the Council/Agency acts as recommended, the contractor could begin work on the project on July 11, 2005 and complete the work by July 22, 2005, barring any unforseen delays with weather or other issues. CONCLUSION: Staff recommends that the Council accept the staff recommendations 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. PAGE 3 MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR PROJECT 04-13 -SANTA CRUZ AVENUE RESURFACING MAY 2, 2005 FISCAL IMPACT: The construction cost for this project is $538,500 and a $70,000 contingency. There is firnding in Project 930-0217, per the Adopted FY 2004/05 Capital Improvement Program Budget as demonstrated below: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RDA Downtown Street Reconstruction 930-0217 Prior Years Fiscal Year Actual FY 2005-06r Funding Source Recap Total Adjusted Expended/Encumbered! Available , Budget Or Planned To Date =Balance FY 2003/04 Adopted Budget $ 2,810,000 $ 1,019,405 j $ 1,790,595 Total RDA Downtown Street Reconstruction 930-0217 $ 2,810,000 S 1,019,405 S 1,790,595 FY2004/05 FY2004/05 Carry Forward 1,790,595 $ 122,039 . Proposed Reconstruction ,.~..._..v Costs ~ _ . u $ _ 157,000 . rasand Venables Contract ,ProPsedD ° $ 538,500 Proposed Duran and Venables Contingency $ . 70,000 ,Proposed Main Street Resurfacing $ . 10,000 P ropos ed Main S tre et S tr eets cape $ 400,000 Total RDA Downtown Street Reconstruction 930-0217 $ 1,790,595 ! $ 1,417,539 $ 373,056 Attachments: 1. Resolution awarding Construction Contract (Exhibit A) to Duran and Venables, Inc. 2. Bid Summary RESOLUTION 2005 RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO DURAN AND VENABLES, INC. FOR PROJECT 04-13 - SANTA CRUZ AVENUE RESURFACING WHEREAS, bids were sought in conformance with State and Town law for Project No. 04- 13 - Santa Cruz Avenue Resurfacing; and WHEREAS, Duran and Venables, Inc. submitted the lowest bid which the Town Council/Redevelopment Agency deems to be responsive to the Town's solicitation. WHEREAS, public improvements are of benefit to the project area or the immediate neighborhood of the project area; and WHEREAS, no other reasonable means offinancing such public improvements are available to the community; and WHEREAS, the Redevelopment Agency's contribution to the cost of the public improvement will assist in elimination of one or more blighting conditions in the project area; and NOW, THEREFORE, BE IT RESOLVED by the Town Council/Redevelopment Agency of the Town of Los Gatos, County of Santa Clara, State of California, that Duran and Venables, Inc. is declared to be the lowest responsible bidder for Project No. 04-13 - Santa Cruz Avenue Resurfacing. BE IT FURTHER RESOLVED that the Town Manager/Executive Director 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 $ 538,500.00 BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as necessary, up to an amount of $70,000. Attachment 1 PASSED AND ADOPTED at a regular meeting of the Town Council/Redevelopment Agency of the Town of Los Gatos, California, held on the day of , 2005, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR/SECRETARY OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CONTRACT THIS AGREEMENT is between the Town of Los Gatos Redevelopment Agency (hereinafter referred to as "Owner") and Duran and Venables, 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 #04-13 Santa Cruz Avenue Resurfacing 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 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 forwell and faithfully completing the Work, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay five hundred thirty eight thousand five hundred dollars ($538,500.00), 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 II, 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. Exhibit A E. TIME OF COMPLETION The Work called for herein shall be fully completed within the time frame as defined in Part II, Section 8-1.02 of these Specifications and are incorporated herein by reference the same as though set out in full. 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 II, 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 O F L O S G A T O S CONTRACTOR, by: Duran and Venables REDEVELOPMENT AGENCY, by: Inc. Debra J. Figone, Town Manager/ Executive Director RECOMMEND BY: John E. Curtis Director of Parks and Public Works APPROVED AS TO FORM: Orry P. Korb, Town Attorney/ General Counsel ATTEST: Marlyn Rasmussen, Clerk Administrator/Secretary of the Redevelopment Agency (Signature) (Print Name) (Address) (City, State, Zip) (Contractor's License Number) d d Q H y ~ U U ~ • 'H .a P, bc U H v O N y G e~ fy ~ _N (+1 01 O N HC o U m [0 cn Cq y 0 0 0 o p o 00 O O O p o O O 00 O o O O O ° O . 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O Co - M Co M Co N y p o o p O O 0 0 o 0 O O O O O O O O O O o 0 0 O 0 O O O o O O o O O O o . O o O O O O O CJ 0 0 O 0 0 O 0 O O O O O O O ~ O O O O o 0 O O 0 0 O O O O 0 0 N O d; N 0 O O O O V (D E - O 0 N (D N N M m N O ~ o N r m . N C7 7 V N O O 0- O O O O 0 O O 0 O O 'O B 0 0 0 0 0 0 O O O O 0 O O 0 O 0 O 0 O 0 OO 0 0 O O ° O O O O O O 0 O 0 O 0 o ? (tn') O M itJ 1 r (O r r N M ( O 00 ° r d' J ( O O y O CD M N N b ti C F G O v ~ N N o G O . 'Y N N ~ O V .r yv, Ul G u v 3 0 a ~ ~ a v ° u u F a Attachment 2