02 Staff Report - PPW Job No. 03-40N o,MEETING DATE: 4/2/07
ITEM NO:
cos-catos COUNCIL AGENDA REPORT
DATE: MARCH 25, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: (PPW JOB NO. 03-40) VARIOUS TRAILS. PATHWAYS. AND PARKS
ASPHALT SURFACE IMPROVEMENT PROJECTS (0720, 0721, 0723, AND
2251)
A. ADOPT RESOLUTION DECLARING DURAN AND VENABLES, INC.
TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND
AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF
$151,405.50.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSTRUCTION CONTRACT AS NECESSARY UP TO AN
AMOUNT OF $15,000.
RECOMMENDATION:
1. Adopt resolution (Attachment 1) declaring Duran and Venables, Inc. to be the lowest
responsible bidder on the project and award a construction contract (Exhibit A) in the
amount of $ 151,405.50.
2. Authorize staff to execute future change orders to the construction contract as necessary
up to an amount of $15,000.
BACKGROUND:
This project includes resurfacing asphalt pathways on several of the Town's parks and trails and
a park parking lot. Specifically, the project locations are Blossom Hill Park, Belgatos Park, Los
Gatos Creek Trail Resurfacing, and the Kennedy Meadows Pathway Resurfacing project.
Staff conducted a bid process for this project in summer/fall 2006. The bids received were
deemed unacceptable on the basis of cost in excess of the project budget and Council accepted
staff's recommendation to reject the sealed bids.
PREPARED BY: KEVIN ROHANI 11.1;a
Interim Director of Parks and Public Works
NAB&E\COUNCIL REPORTS\03-40.various.trai Is. pathways. parks' asphalt. award, doc
Reviewed by: Assistant Town Manager
Clerk Administrator = Finance
Town Attorney
Zmunity Development
a r-
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: (PPW JOB NO. 03-40) VARIOUS TRAILS, PATHWAYS, AND PARKS
ASPHALT SURFACE IMPROVEMENT PROJECTS (0720,0721,0723, & 2251)
MARCH 25, 2007
DISCUSSION:
Staff worked over the past few months to refine the project scope of work and project budget.
This project will improve four different asphalt pathways, a parking lot and trails which are
maintained by the Town. Three of these locations are on Town property, within parks, and one
location is located within a special Assessment District. On February 20, 2007, Council approved
staffs recommendation and authorized a budget revenue adjustment in the amount of $140,000
in State Park Bond funds to increase the project budget for the three Town-owned sites and
provide sufficient funding to complete this project. The estimated cost for the pathway
improvement within the special assessment was not adjusted, as prior bids were at or below the
Engineer's estimate, and remained at $15,000. On February 20, 2007, Council also authorized
staff to advertise the project for bids.
Staff prepared plans and specifications for these improvements. Six bids for this project were
received on March 28, 2007. A summary of the bids received is attached to this report as
(Attachment 2).
Staff has checked all of the bids received and has determined that Duran and Venables, Inc.
is responsible and that its bid is responsive. It is recommended that the Council adopt the
attached resolution declaring Duran and Venables, Inc. to be the lowest responsible bidder on
this project and award a construction contract in the amount of $151,405.50.
Further, it is recommended that Council authorize staff to execute future change orders to the
construction contract up to an amount of $15,000. The variables associated with this type of
construction and 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 award of contract. The construction of this project is
anticipated to be completed by June 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.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: (PPW JOB NO. 03-40) VARIOUS TRAILS, PATHWAYS, AND PARKS
ASPHALT SURFACE IMPROVEMENT PROJECTS (0720,0721,0723, & 2251)
MARCH 25, 2007
FISCAL IMPACT:
FY 2006/07 Capital Improvement Program budgets provide sufficient funding to complete each
of the four projects. Specifically, funding is approved from two different funding sources as
follows: three of the four projects are town-owned properties, and their funding source is from
the State Proposition 12/40 Parks Bond grant fund. These three projects will utilize the
remaining balance of State Proposition 12 Park Grant funds, and begin to utilize the State
Proposition 40 Park Bond funds. Any remaining balance of unused grant funds will become
available for the remaining approved parks projects. The one other project for this contract is
located within a Special Assessment District (Kennedy Meadows), and its funding source is from
that District's account (2251). Any remaining balance from the Kennedy Meadows Pathway
project will go back to the District's fund balance. The following four charts describe each
project budget in detail:
BELGATOS PARK PATHWAYS AND PARKING LOT RESURFACING PROJECT
Program 410-0720
Budget Encumbered Contract Remaining
2006/07 Fiscal Impact Funding to Date Amount Balance
;atos Park Resurfacing-State Park Bond Funds 95,000 - 59,233 35,767
TALS 95,000 - 59,233 35,767
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Materials
Construction
53,933
Construction Contingency
5,300
TOTALS
59,233
BLOSSOM HILL PARK RESURFACING PROJECT
Program 410-0721
Budget Encumbered
Contract
Remaining
FY 2006/07 Fiscal Impact Funding to Date
Amount
Balance
Blossom Hill Park Resurfacing -State Park Bond Funds 85,000
56,033
28,967
TOTALS 85,000 -
56,033
28,967
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Materials
Construction
51,033
Construction Contingency
5,000
TOTALS
56,033
I
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: (PPW JOB NO. 03-40) VARIOUS TRAILS, PATHWAYS, AND PARKS
ASPHALT SURFACE IMPROVEMENT PROJECTS (0720,0721,0723, & 2251)
MARCH 25, 2007
LOS GATOS CREEK TRAIL RESURFACING AND RESTRIPING PROJECT
Program 410-0723
FY 2006/07 Fiscal Impact
LG Creek Trail Resurfacing & Restriping-State Park Bond Funds
TOTALS
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Materials
Construction
Construction Continaencv
Budget Encumbered
Contract
Remaining
Funding to Date
Amount
Balance
55,000
39,740
15,260
55,000 -
39,740
15,260
36,140
TOTALS
KENNEDY MEADOWS PATHWAY RESURFACING
Program 2251
Budget Encumbered
Contract
Remaining
FY 2006/07 Fiscal Impact
Funding to Date
Amount
Balance
Kennedy Meadows Lighting
& Landscape District funds 15,000
11,300
3,700
TOTALS
15,000 -
11,300
3,700
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Materials
Construction
10,300
Construction Contingency
1,000
TOTALS
11,300
Attachments:
1. Resolution declaring Duran and Venables, 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
DURAN AND VENABLES, INC.
FOR PPW JOB NO. 03-40
VARIOUS TRAILS, PATHWAYS,
AND PARKS' ASPHALT SURFACE IMPROVEMENTS
FOR PROJECT 410-0340
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No. 03-40 - Various Trails, Pathways, and Parks' Asphalt Surface Improvements; and
WHEREAS, Duran and Venables, 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 Duran and Venables, Inc. is declared to be
the lowest responsible bidder for PPW Job No. 03-40 - Various Trails, Pathways, and Parks'
Asphalt Surface 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 $151,405.50.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $15,000.
ATTACHMENT 1
R
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 2nd day of April, 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
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
"Owner") and Duran and Venables, Inc. (hereinafter referred to as "Contractor"). Owner and
Contractor, for the consideration hereinafter named, agrees as follows:
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of PPW
Job No. 03-40 - Various Trails, Pathways, and Parks' Asphalt Surface 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 (one hundred fifty one thousand four hundred and five dollars and
fifty cents) ($151,405.50), 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
r,
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 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:
Debra J. Figone, Town Manager
RECOMMENDED BY:
Kevin Rohani
Interim Director of Parks and Public Works
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
ATTEST:
Jackie Rose, Clerk Administrator
CONTRACTOR, by:
Duran and Venables, Inc.
(Signature)
(Print Name)
(Address)
(City, State, Zip)
(Contractor's License Number)
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