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04 Staff Report - Oak Meadow Park Retaining Wall Replacementto~N 0 MEETING DATE: 2/5//07 ITEM NO: toS-GA~oS COUNCIL AGENDA REPORT DATE: JANUARY 18, 2007 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: PROJECT 0715 (PPW JOB NO. 05-16) AWARD OF CONSTRUCTION CONTRACT FOR OAK MEADOW PARK RETAINING WALL REPLACEMENT A. ADOPT RESOLUTION DECLARING CASEY CONSTRUCTION, INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $45,460. B. AUTHORIZE STAFF TO ISSUE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT UP TO AN AMOUNT OF $5,000. C. AUTHORIZE BUDGET REVENUE ADJUSTMENT OF $10,460 IN STATE PROPOSITION 12 PARK BOND FUNDS FOR PROJECT 410-0715 D. AUTHORIZE BUDGET EXPENDITURE ADJUSTMENT OF $10,460 IN STATE PROPOSITION 12 PARK BOND FUNDS FOR PROJECT 410-0715 RECOMMENDATION: I . Adopt Resolution (Attachment 1) declaring Casey Construction, Inc. to be the lowest responsible bidder on the project and award a construction contract (Exhibit A) in the amount of $45,460. 2. Authorize staff to issue change orders to the construction contract up to an amount of $5,000. 3. Authorize budget revenue adjustment of $10,460 in State Proposition 12 Park Bond Funds for Project 410-0715. 4. Authorize budget expenditure adjustment of $10,460 in State Proposition 12 Park Bond Funds for Project 410-0715. PREPARED BY: KEVIN ROHANI Interim Director of Parks and Public Works N:AB&E\COUNCIL REPOR'i'S\05-16.oak.meadow.park. retaining wall.award.doc Reviewed by. Assistant Town Manager Town Attorney Clerk Administrator -01 Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PROJECT 0715 (PPW JOB NO. 05-16) AWARD OF CONSTRUCTION CONTRACT FOR OAK MEADOW PARK RETAINING WALL REPLACEMENT JANUARY 18. 2007 BACKGROUND: The Oak Meadow Park Retaining Wall Replacement Project was approved in the FY 2008/09 Capital Improvement Program to replace the retaining wall that is holding the Bocce Ball Courts' hillside. Due to considerable damage during the January 2006 wet winter storms, the retaining wall failed in several sections and needs replacement as soon as possible during the current fiscal year 2006/07. On November 20. 2006. Council approved staff's recommendation to include the Oak Meadow Park Retaining Wall Replacement Project in the Capital Improvement Project Budget for FY 2006/07. Funding and expenditures were revised to $51,500 to complete the project, of which $40.000 was estimated for construction and $11,500 for engineering design expenditures. Authorization was given by the Council to advertise the project. DISCUSSION: For projects under $100,000 construction costs, the Town's informal bid process does not require public advertising and the preparation of a set of complete plans and specifications for a project. This informal bid process allows staff to prepare a scope of work, solicit bids from minimum of three (3) contractors and award the contract to the lowest responsible bidder. The Town uses this process for small and uncomplicated projects. Bids for the Oak Meadow Park Retaining Wall Project were received on January 10, 2006. See (Attachment 3) bid summary. Staff has checked all of the bids received and has determined that Casey Construction, Inc. is responsible and that its bid is responsive to the Town's informal bid process. It is recommended that the Council adopt the attached Resolution that would declare Casey Construction, Inc. to be the lowest responsible bidder on the project and award a construction contract to this company in the amount of $45,460. It is anticipated that construction will begin on this project in mid February 2007. The lowest bid is $5,460 over the estimated construction cost. Adding a $5,000 contingency creates a $10,460 budget shortfall to complete this project. Staff recommends the allocation of $10,460 in State Proposition 12 Park Bond funds to meet the project's construction cost needs. 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 COUNCIL SUBJECT: PROJECT 0715 (PPW JOB NO. 05-16) AWARD OF CONSTRUCTION CONTRACT FOR OAK MEADOW PARK RETAINING WALL REPLACEMENT JANUARY 18, 2007 FISCAL IMPACT: The Oak Meadow Park Retaining Wall Replacement Project is approved for $51,500, of which $11,500 has been encumbered for the engineering design and $40,000 is the remaining balance for construction expenses. This construction contract and contingency totals $50,460. To complete this project, an adjustment of $10,460 in State Proposition 12 Park Grant funds is recommended as follows: NING W FY 2006/07 Fiscal Impact _ OM Park Retaining Wall-Reserve for Capital Projects Fund OM Park Retaining Wall-State Park Bond Fund TOTALS TOTAL EXPENDITURES BY CATEGORY: Staff Labor Materials Engineering Analysis & Design Construction Construction Continaencv Budget Encumbered Budget Revised Amount Remaining Funding to Date Adjustment Budget This Contract Balance 11,5() 11,500 - - - 40,000 10.460 50,460 50,460 - 51,500 11,500 10,460 50,460 50,460 11,5(X) 45.460 1. Resolution declaring Casey Construction, Inc. to be the lowest responsible bidder (with Exhibit A) Construction Contract 2. Bid Summary RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CASEY CONSTRUCTION, INC. FOR PPW JOB NO. 05-16 OAK MEADOW PARK RETAINING WALL REPLACEMENT PROJECT 0715 WHEREAS, bids were sought in conformance with State and Town law for PPW JOB No. 05-16 - Oak Meadow Park Retaining Wall Replacement; and WHEREAS, Casey 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 of Santa Clara, State of California, that Casey Construction, Inc. is declared to be the lowest responsible bidder for PPW JOB No. 05-16 - Oak Meadow Park Retaining Wall 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 $45,460. BE IT FURTHER RESOLVED that staff is authorized to execute future change orders, as necessary, up to an amount of S5,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of February, 2007, 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 I CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") and Casey 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 PPW JOB No. 05-16 - Oak Meadow Park Retaining Wall Replacement Project 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 (forty five thousand, four hundred and sixty dollars) ($45,460), 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. 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. E. TIME OF COMPLETION The Work called for herein shall be fully completed within sixty (60) working days of Contractor's receipt of the Notice to Proceed. EXHIBIT A W is . 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of , 20 TOWN OF LOS GATOS, by: CONTRACTOR, by: Casey Construction, Inc. Debra J. Figone Town Manager RECOMMEND BY: Kevin Rohani, Interim Director Parks and Public Works APPROVED AS TO FORM: Orry P. Korb Town Attorney ATTEST: Jackie Rose Clerk Administrator (Signature) (Contractor's License Number) U v ~ by W m Q ~ h O H n N N y O o ~ O ° 0 o V O CD C) N O N U- N Z U o N O B N (q O m C C M Q O C ~ n O Ln u 1> Q) O C Q (p m U 4 Q C.0 6 O 0 U Q O ID m O rn 00 0 0 ~ a rn .U v T N U ) C o o O U , ° > C m a)= m In y S U (.0 W = Lr -,t o 0 0 0 0 V oo °o ~ z o 0 R y ~ 47 L N N O O O O C O m C rte" LLoll W o O v .4 t i G O O O 'a:+ N tcf o ~ Q. G G p O ,O O.~ O G .O a., u u • O N N ~ 3 0 v, u A r G .o v ~ H ,.o I ATTACHMENT 2 m