04 Staff Report - 25 Fiesta Way Annexpow N of MEETING DATE: 12/05/05
ITEM NO.
5~'4 i t tt
°os COUNCIL AGENDA REPORT
S G AZ
DATE: NOVEMBER 30, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR PROJECT 05-18 -
25 FIESTA WAY ANNEX ADA IMPROVEMENTS
A. ADOPT RESOLUTION DECLARING GKI CONSTRUCTION AND
DEVELOPMENT TO BE THE LOWEST RESPONSIBLE BIDDER ON
THE PROJECT AND AWARDING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF $63,500.
B. AUTHORIZE STAFF TO ISSUE CHANGE ORDERS TO THE
CONSTRUCTION CONTRACT UP TO AN AMOUNT OF $5,000.
C. AUTHORIZE TRANSFER OF $5,250 FROM BUILDING
MAINTENANCE FUND 6695 TO 400-0539-49695.
D. AUTHORIZE BUDGET ADJUSTMENT TO INCREASE
APPROPRIATIONS IN AMOUNT OF $5,250 IN ACCOUNT 400-0539-
82002.
E. IF ADDITIONAL CDBG-ADA FUND SOURCE IS NOT APPROVED
BY COUNTY AS ANTICIPATED, AUTHORIZE TRANSFER OF
$7,537 FROM BUILDING MAINTENANCE FUND 6695 TO 400-0539-
49695.
RECOMMENDATION:
1. Adopt Resolution (Attachment 1) declaring GKI Construction and Development to be the
lowest responsible bidder on the project and awarding a construction contract (Exhibit A)
in the amount of $63,500.
2. Authorize staff to issue change orders to the construction contract up to an amount of
$5,000.
3. Authorize transfer of $5,250 from Building Maintenance Fund 6695, to 400-0539-49695_
4. Authorize budget adjustment to increase appropriations in the amount of $5,250 in account
400-0539-82002.
5. If additional CDBG-ADA fund source is not approved by County as anticipated, authorize
transfer of $7,537 from Building Maintenance Fund 6695 to 400-0539-49695.
. CURTIS
PREPARED BY: ii=011
of P
arks and Public Works
Reviewed by: Assistant Town Manager _Town Attorney Clerk Administrator
__Ikjinance Community Development _ Revised: 11/30/05 9:41 am
Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\05-18.fiesta.way.ada.improve.award.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR PROJECT 05-18.z
25 FIESTA WAY ANNEX ADA IMPROVEMENTS
NOVEMBER 30, 2005
BACKGROUND:
On September 6, 2005, Council approved the plans and specifications for the Fiesta Way Annex
ADA Improvements authorizing staff to advertise the project forbids. This component of the prof ect
addresses the need to provide appropriate access for a public structure, as required or recommended
by the Americans with Disabilities Act (ADA). Improvements include external sidewalk and
driveway ramps and internal improvements to provide improved ADA access. This project will
modify an existing Town-owned structure for use by Town staff for offices and meeting rooms.
The Town utilizes Community Development Block Grant (CDBG) ADA grants each year to
construct various projects that improve the accessibility of public facilities in Town. Over the past
three years, projects have been completed in the Civic Center complex and both museums in Town
to enhance their accessibility for users.
DISCUSSION:
Bids for the Fiesta Way Annex ADA Improvements were received on November 9, 2005 and GKI
Construction and Development was the lowest bidder for this project. (Attachment 2)
Staff has checked the bid received and has determined that GKI Construction and Development
is responsible and its bid is responsive. It is recommended that the Council adopt the attached
Resolution declaring GKI Construction and Development to be the lowest responsible bidder on the
project and award a construction contract to this firm in the amount of $63,500.
Further, it is recommended that the Council authorize staff to execute future Change Orders to the
construction contract up to an amount of $5,000. 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 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. The construction of this project is anticipated to be completed by January 31, 2006.
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 15301c). A Notice
of Exemption will not be filed.
PAGE 3
MAYOR AND TOWN COUNCEL
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR PROJECT 05-18 -
25 FIESTA WAY ANNEX ADA M'ROVEMENTS
NOVEMBER 30, 2005
FISCAL IMPACT:
The ADA compliance work at 25 Fiesta Avenue was approved for funding with Federal Community
Development Block Grant (CDBG) funds. The project cost estimate is $63,500 with a $5,000
contingency, bringing the total project budget to $68,500. The current fiscal year balance available
for this project is $55,713. The remaining balance of $14,561 will be allocated from two fiend
sources if authorized by Council: $7,537 in prior year carry forward of ADA funds (as scheduled to
be reported and recommended for transfer to this project on December 5, 2005, in a separate report
to Council), and the remaining $5,250 from the Building Maintenance unappropriated Fund B glance.
If the County does not approve the $7,537 CDBG allocation for this project, that amount funding
will be drawn from the Building Maintenance unappropriated Fund Balance.
The project's budget is demonstrated as follows:
CDBG ADA Improvements-25 Fiesta Way
Engineering
Project #05-18 (0539)
Available
Expended/
Proposed Remaining
Budget
Encumbered
Available
Contract Budget
FY 2005/06 Fiscal Impact
Funding
To Date
Balance
Amount If Approved
Project 400/410-0539
86,422
30,709
55,713
55,713 -
Prior Year ADA Carry Forward
7,537
7,537 -
Budget Adjustment from 6695
-
-
5,250
5,250 -
TOTALS
86,422
30,709
68,500
68,500 -
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
-
Materials
-
Engineering/Design
Construction
-
63,500 -
Construction Management
-
Contingency
-
5,000 -
TOTALS
68,500 -
Attachments:
1. Resolution authorizing (Exhibit A) Construction Contract with GKI Construction and
Development
2. Certified Bid Tabulation
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
GKI CONSTRUCTION AND DEVELOPMENT
FOR PROJECT 05-18
25 FIESTA WAY ADA IMPROVEMENTS
WHEREAS, bids were sought in conformance with State and Town law for Project
05-18 - 25 Fiesta Way ADA Improvements; and
WHEREAS, GKI Construction and Development 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 ofthe Town ofLos
Gatos, County of Santa Clara, State of California, that GKI Construction and Development is
declared to be the lowest responsible bidder for Project 05-18 - 25 Fiesta Way ADA Improvements.
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 $63,500.00.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change
orders, as necessary, up to an amount of $5,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the day of , 2005, 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
1
Attachment 1
CONTRACT
THIS AGREEMENT is betweenthe Town of Los Gatos (hereinafter referred to as "Owner")
and GKI Construction and Development (hereinafter referred to as "Contractor"). Owner and
Contractor, for the consideration hereinafter named, agree as follows:
A. SCOPE OF WORK
Contractor shall famish all materials and perform all of the work for the construction of PROJECT
#05-18 - 25 Fiesta Way ADA Improvements 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 for well and faithfully completing the Work, and
the whole thereof, in the manner and according to the Contract Documents, Owner shall pay six
three thousand five hundred dollarsl ($63,500.00), 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][[, 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 TWENTY (20) working days of
Contractor's receipt of the Notice to Proceed.
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 H, 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:
Debra J. Figone, Town Manager
CONTRACTOR, by:
RECOMMEND BY:
John E. Curtis
Director of Parks and Public Works
(Contractor's License Number)
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
ATTEST:
Marlyn Rasmussen, Clerk Administrator
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Attachment 2