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06 Staff Report - PPW Job No. 06-07~i W N 0~ DATE: TO: FROM: - - - - - - SUBJECT:- COUNCIL AGENDA REPORT SEPTEMBER 12, 2006 MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANA JOB NO 0&07--- FOR FISCAL YEAR 2006-07 - PROJECT MEETING DATE: 9/18/06 ITEM NO: A. ADOPT RESOLUTION DECLARING CB CONSTRUCTION COMPANY TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $68,920.75 B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY UP TO AN AMOUNT OF $10,000 RECOMMENDATION: 1. Adopt resolution declaring CB Construction Company to be the lowest responsible bidder on the project and award a construction contract in the amount of $68,920.75. 2. Authorize staff to execute future change orders to the construction contract as necessary up to an amount of $10,000. BACKGROUND: This project funds the annual repair and replacement of damaged curbs, gutters, and sidewalks throughout Town. Locations for repair and replacement work are identified throughout the year by Parks and Public Works Department staff and requests received from the public. The primary cause of damage to the concrete curb, gutter, and sidewalks are tree roots near such facilities. In conjunction with the replacement of damaged concrete, tree roots are also pruned to minimize further damage to the new curb, gutter, and sidewalks. PREPARED BY: 10HN E. CURTIS Director of Parks and Public Works N, AB &E\COUNCIL REPORTS\06-07.curb.gutter.sw.awd.o£contract.doc Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator _MD Lyinance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 06-07 - CURB GUTTER & SIDEWALK REPLACEMENT FOR FISCAL YEAR 2006-07 - PROJECT 0349 SEPTEMBER 12, 2006 DISCUSSION: Staff prepared plans and specifications for these improvements. Three (3) bids for the Curb, Gutter, and Sidewalk Replacement project were received on September 6, 2006. A summary of the bids received is attached to this report. Staff has checked all of the bids received and has determined that CB Construction Company is responsible and that its bid is responsive. It is recommended that the Council adopt the attached Resolution declaring CB Construction Company to be the lowest responsible bidder on this project and award a construction contract in the amount of $68,920.75. Further, it is recommended that Council authorize staff to execute future change orders to the construction contract up to an amount of $10,000, for a total project amount of $78,921. Given the variables associated with this type of construction, this 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 November 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. FISCAL IMPACT: Funding is available from the FY 2006-07 Curb, Gutter and Sidewalk Project as follows: FY 2006-07 CURB, GUTTER AND SIDEWALK PROJECT Remaining Budget YTD Available Project Budget FY 2006/07 Fiscal Impact Funding Expenditures Funding Amount If Approved Project Funds 400-0349 138,232 35,000 103,232 78,921 24,311 TOTALS 138,232 35,000 103,232 78,921 24,311 TOTAL EXPENDITURES BY CATEGORY: Staff Labor Materials Construction - 68,921 - 10,000 TOTALS - 78,921 PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 06-07 - CURB, GUTTER, & SIDEWALK REPLACEMENT FOR FISCAL YEAR 2006-07 - PROJECT 0349 SEPTEMBER 12, 2006 Attachments: 1. Resolution awarding construction contract (Exhibit A) to CB Construction Company 2. Bid Summary RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CB CONSTRUCTION COMPANY FOR PPW JOB NO. 06-07 CURB, GUTTER, AND SIDEWALK REPLACEMENT FOR FISCAL YEAR 2006-07 WHEREAS, bids were sought in conformance with State and Town law for PPW Job - --No. 06=07-- Curb;-Gutter,-and Sidewalk-Replacement-Project-,--and- WHEREAS, - - - - CB Construction Company 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 of Santa Clara, State of California, that CB Construction Company is declared to be the lowest responsible bidder for PPW Job No. 06-07- Curb, Gutter, and Sidewalk Replacement 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 $68,920.75. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as necessary, up to an amount of $10,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of September, 2006, 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 CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") and CB Construction Company (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 PPW Job No. 06-07 - Curb, Gutter, and Sidewalk Replacement Project for Fiscal Year 2006-07 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 (sixty eight thousand nine hundred twenty dollars and seventy five cents)($68,920.75), 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 (30) 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 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 day of , 20 TOWN OF LOS GATOS, by: CONTRACTOR, by: CB Construction Company Debra J. Figone, Town Manager RECOMMENDED BY: John E. Curtis Director of Parks and Public Works (Signature) (Print Name) (Address) APPROVED AS TO FORM: Orry P. 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