09 Staff Report - Blossom Hill Sidewalk Construction~o4N of MEETING DATE: 12/18/06
ITEM NO:
!ps A ~~S COUNCIL AGENDA REPORT
DATE: DECEMBER 6, 2006
TO: MAYOR AND TOWN COUNCIL
r
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT PROJECT 07-12- (PPW-JOB NO: 064 1) -BLOSSOM HILL ROAD SIDEWALK
CONSTRUCTION (UNIVERSITY AVENUE TO ROBERTS ROAD)
A. ADOPT RESOLUTION DECLARING ROBERT A. BOTHMAN, INC. TO
BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND
AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF
$153,120.
B. AUTHORIZE BUDGET ADJUSTMENT OF $36,120 TO INCREASE
PROJECT BUDGET FROM $117,000 TO 153,120.
C. AUTHORIZE TRANSFER OF $21,441 FROM STREET RESTRIPING
PROGRAM (0710) TO BLOSSOM HILL ROAD SIDEWALK PROJECT
(0712).
D. AUTHORIZE TRANSFER OF $14,679 FROM CURB, GUTTER AND
SIDEWALK PROGRAM (0349) TO THE BLOSSOM HILL ROAD
SIDEWALK PROJECT (0712),
RECOMMENDATION:
1. Adopt resolution declaring Robert A. Bothman, Inc. to be the lowest responsible bidder
on the project and award a construction contract in the amount of $153,120.
2. Authorize budget adjustment of $36,120 to increase project budget from $117,000 to
$153,120.
3. Authorize transfer of $ 21,441 from Street Restriping Program (0710) to Blossom Hill
Road Sidewalk Project (0712).
4. Authorize transfer of $14,679 from Curb, Gutter and Sidewalk Program (0349) to the
Blossom Hill Road Sidewalk Project (0712),.
PREPARED BY: (tOHN E. CURTIS
rector of Parks and Public Works
NAB&E\COUNCIL REPORTS\06-11.B.H.RD.sidewalk.construction.award.doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator ~ Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT 0712 (PPW JOB NO. 06-11) BLOSSOM HILL ROAD SIDEWALK
CONSTRUCTION (UNIVERSITY AVENUE TO ROBERTS ROAD)
DECEMBER 6, 2006
BACKGROUND:
This project will install a sidewalk and curb and gutter on the 'south side of Blossom Hill Road,
between University Avenue and West Roberts Road across from Oak Meadow Park. Although
an existing sidewalk is located on the north side of.Blossom Hill Road next to Oak Meadow
Park, some pedestrians. tend to use the opposite side of the road along the curb line where there is
no designated pedestrian walkway. Additionally, there are no designated bicycle lanes on either
side of this. short section. of roadway; bicycle lanes -end- and begin. at_ the West Roberts Road
intersection on Blossom Hill Road.
DISCUSSION:
Following preparation of plans and specifications for these improvements, staff determined
authorized funding was insufficient to complete this project and requested a budget adjustment
from $95,000 to $117,000 on November 11, 2006. Two bids for the Blossom Hill Road Sidewalk
Construction project were received on November 29, 2006, fewer than staff expected to receive.
Both bids exceeded the adjusted budget amount, due to the continued high demand for concrete,
which was not expected to be the case during the winter. Staff expects that the bids would not
come in lower if this project was `rebid, and thus is recommending additional funding as
discussed in the fiscal section below.
A summary of the bids received is attached to this report. Staff has checked both bids received
and has determined that Robert A. Botbman, Inc. is responsible and that its bid is responsive. It
is recommended that the Council adopt the attached Resolution declaring Robert A..Bothman,
Inc. to be the lowest responsible bidder on this project and award a construction contract in the
amount of $153,120. The construction of this project is anticipated.to begin in January 2007.
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:
The project's budget was increased from $95,000 to $117,000 by Town Council on November
11, 2006, after engineers revised the project budget. The lowest bid was $36,120 higher than the
estimate. It is recommended to increase the project budget by transferring funds from two related
annual programs with remaining balances: $21,441 from the Street Restriping Program (0710)
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT 0712 (PPW JOB NO. 06-11) BLOSSOM HILL ROAD SIDEWALK
CONSTRUCTION (UNIVERSITY AVENUE TO ROBERTS ROAD)
DECEMBER 6, 2006
and $14,679 from the Curb, Gutter and Sidewalk Program (0349). The following chart details the
project budget and funding transfer recommendations:
BLOSSOM HILL ROAD SIDEWALK PROJECT #0712
Approved
Amount
Revised
Amount Balance
FY 2006/07 Fiscal Impact
Budget
of Transfer
Budget
of Contract of Account
Project: 400-0712 GFAR
117,000
117,000
117,000
Project:- -400=0710-""- Street RestripingProgninTransfir
-
21441
21,441
21,441
Project: 400-0349 Curb,Gutter & Sidewalk Transfer
14,679
14,679
14,679
TOTALS
117,000
36,120
153,120
153,120
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Materials
Engineering Design
Construction Management
-
Construction
153,120
TOTALS
153,120
Attachments:
1. Resolution awarding construction contract (Exhibit A) to Robert A. Bothman, Inc.
2. Bid Summary
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
ROBERT A. BOTHMAN, INC.
FOR PPW JOB NO. 06-11
BLOSSOM HILL ROAD SIDEWALK CONSTRUCTION
(UNIVERSITY AVENUE TO ROBERTS ROAD)
FOR CAPITAL PROJECT 07-12
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No. 06-11 - Blossom Hill Road Sidewalk Construction - (University Avenue to Roberts Road);
and
WHEREAS, Robert A. Bothman, 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 of Santa Clara, State of California, that Robert A. Bothman, Inc. is declared to be
the lowest responsible bidder for PPW Job No. 06-11 - Blossom Hill Road Sidewalk
Construction - (University Avenue to Roberts Road).
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 $153,120.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 18th day of December, 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 ATTACHMENT 1
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
"Owner") and Robert A. Bothman, 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 PPW
Job No. 06-11 - Blossom Hill Road Sidewalk Construction - (University Avenue to Roberts
Road) 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 (One hundred and fifty three thousand one hundred and twenty
dollars) 153120 , 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.
EXHIBIT A
E. TIME OF COMPLETION
The Work called for herein shall be fully completed by (60) 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 two (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:
Robert A. Bothman, Inc.
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. Korb, Town Attorney
(City, State, Zip)
ATTEST:
Jackie Rose
Clerk Administrator
(Contractor's License Number)
U
U
•N
U
N
rz
G
O
O
O
H
Ufa
t
H ~
~ O
m o N
G v ~
Q ~ r
O
~ Z
a ~ r
ai
U o
G G W
N
G N 4
U
0
ti
o N
r ~
O O~
n rj)
O ti O
E- pq u
(o
°
°
-
0 o
°
o
°
0
°o
°o
°o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
°
0
o
0
N
-
if)
U
0
0
0
0
0
0
6
6
6
c
m
o
m
o
o
°
0:)
O
O LO
W
r
r
0
D7
0
0
CO
0
(O
o
m
0
o
o
N
W
r
r
T
N
(O
LO
CO
O
N
O
LO
O
N
m
LO
(D
r
r
r
N
C6
tO
N
N
r
(h
O
C Q
c U
Q r
j
°
4(° u
0
C)
o
0
0
0
0
O
0
;
0
o
0
0
LO
0
O
0
0
C)
O-O C
m
C6
r
(6
6
C6
C
O
0
0
~
N
l
~
O
°
r
0
Lf)
0
0
0
0
O
0 0
CO
r
CV
(O
r
r
co
OD
r
LO
r
l
r
r
N
C7
t
0
CO
o I
(D
N
o
O
o
O
o
o
°
°
O
o
O
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
O
O
J.
0
O
0
00.
0
m
O
O
0
.O
0
.0.
0
00
0
.00
0
O
0
r
r
0
O
CO
0
O
01
0
O.
O
0
00
r
U)
4
N
r
,It
LO
C6
r
m
N
N
d'
to
O
Ci-T
L O W
o Q Q
m U
Q N
"
0
°
0
0
0
0
0
0
0
0
0°
°
0
0
0
0
0
°
°o
7 0
0
'
0
co
N
0
LO
0
O
O
O
0
0
O
W
r
p
~
-0 0
.
N
O
N
(
O
'
m
N
C)
ro O (n
a
O
OIOI _ O
1
O O o O' O O
0 O O d O O
C3
6 Lo Lo ° o o:
'N 'n 'D 0
r m co O O
_
i
Q
LL
LL
LL
Q
LL
Q
LL
LL
LL
LL
LL
LL
CO
(n
z.-
W
W
w
J
w
w
J
W
0
J
J
J
_1
J
J
J
(O
0
0
p
C11
O
O
(0p
~r)
C
CD
0
LO
-
0
C)
~
N
r
r
Ch
N
co
m
r
1
J
F.
O
>
!
N
E
U
o
O
a
C
m
s
ate.
U
'O
N
CA
CO OD
C\1
N
(N
co
0
co
_O
0
O
C
O
«S
N
-
ca
-
cU
-
RS
m
of
O
4-
W
z
co
0 cl,
6
0
0
0
0
m
~
U
J
0
0
0
0
0
0
C
z
O
Y
U
LL
U
U
U
U
U
U
(p
N
c
N
C:L
a)
3
p
d
O
O
N
co
c6
(6
>
o
E
w
m
O
C
U
'a
in
.
3
U
N
-
0
-
0
-
0
-
0
-
0
~j
65
-
-
JID
0
0
0
O
>
O
>
O
z
z
z
Z
r
N
m
V
t0
(D
r
CO
W
O
r
r
N
c~
7
[O
O
0
v
Ni
C,
'CS
N 0
O
N
N
O
z~
~i
O 0
~ 'L3
GL ~
o .
o
v ~
ti
O 2
•
V rd
O O
O U
3 0
~ O
v .a
V i
.Ni
Ha
N
X
E
7
N
m
N
N
.3
rn
a
x
n
E
O
i
J
Q
U
JO
C
N
E
t
W
U
O
0
U
a
LO
`n
Oi
co
0
0
N
ATTACHMENT 2
N