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04 Staff Report - PPW Job No. 04-60~oN 0 MEETING DATE: 4/2/07 ITEM NO: cos Gatos COUNCIL AGENDA REPORT DATE: MARCH 22. 2007 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: (PPW JOB NO. 04-60) - BALZER FIELD RESTROOM REMODEL AND EXPANSION PROJECT (0608) A. ADOPT RESOLUTION DECLARING SANTA CLARA VALLEY CORPORATION TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $139.752 B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY UP TO AN AMOUNT OF $10,000 C. AUTHORIZE BUDGET ADJUSTMENT OF $21,398 FROM RESERVE FOR CAPITAL PROJECTS TO THIS PROJECT (0608) INCREASING THE PROJECT BUDGET TO $176,398 D. AUTHORIZE BUDGET EXPENDITURES UP TO $176,398 FOR THIS PROJECT (0608) RECOMMENDATION: 1. Adopt resolution (Attachment 1) declaring Santa Clara Valley Corporation to be the lowest responsible bidder on the project and award a construction contract (Exhibit A) in the amount of $139,572. 2. Authorize staff to execute future change orders to the construction contract as necessary up to an amount of $10,000. 3. Authorize budget adjustment of $21,398 from Reserve for Capital Projects to this project (0608) increasing the project budget to $176,398. 4. Authorize budget expenditures up to $176,398 for this project (0608). ~ PREPARED BY: KEVIN ROHANI Interim Director of Parks and Public Works N A&,FvC01JNC11- REPORTS\04-60.balzer field restroom remode1.REV1SED.award doc Reviewed by: 014--)) Assistant Town Manager aL Town Attorney Clerk Administrator - Finance Communitv Development ~ R PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: (PPW JOB NO. 04-60) - BALZER FIELD RESTROOM REMODEL AND EXPANSION PROJECT (0608) MARCH 22, 2007 BACKGROUND: This project will expand and remodel the existing restroom and snack shack building at Balzer Field. The project is consistent with the Town's goals to improve public health and safety and meets the eligibility requirements for this State grant program. DISCUSSION: On January 16, 2007, Council approved plans and specifications for the Balzer Field Restroom Remodel and Expansion and authorized staff to advertise the project for bids. Subsequently, on February 14, 2007, the Clerk Administrator received only one bid from Santa Clara Valley Corporation in the amount of $168,538. The bid received was deemed unacceptable on the basis of cost and lack of other bids. Staff had determined that it would be more prudent to rebid this project again to receive more bids and a better cost. Therefore, on February 20, 2007, Council rejected the bid and authorized staff to re-advertise the project for bids. On March 21, 2007, five (5) bids were received for this project. See (Attachment 2) Bid Summary. The apparent low bidder ($136,900), Richwood Development Managers does not have a contractor's license and indicated they were planning to use their sub-contractor's license for the project. Both the bid documents and Town regulations clearly state that the main contactor must have a contractor's license in bidding any town projects. For this reason, the bid from Richwood Development Managers does not meet the Town's bidding rules and is therefore disqualified from consideration. The second low bidder ($139,572), was Santa Clara Valley Corporation who submitted a bid that conformed to the bidding guidelines and is recommended for award of contract. Staff has checked all of the bids received and has determined that Santa Clara Valley Corporation is a responsible entity and that its bid is responsive to the Town's formal bid process. It is recommended that the Council adopt the attached Resolution that would declare Santa Clara Valley Corporation to be the lowest responsible bidder on the project and award a construction contract to this company in the amount of $139,572. It is anticipated that construction will begin on this project in April 2007. The project's funding was approved on January 16, 2007 in the amount of $155,000, of which $141,174 is from State Proposition 12 Park Bond grant funds and $13,826 from Town matching GFAR funds. The contract amount ($139,572) provides a $1,602 balance to the current budget. However, additional funding of $21,398 is needed to provide sufficient funding for the construction contingency ($10,000) and additional electrical work ($13,000). To meet this funding shortfall, staff recommends a budget adjustment of $21,398 from Reserve for Capital Projects (GFAR) to increase the Town match so that all the remaining unspent Roberti Z. Berg Proposition 12 grant funds will be utilized this year, (which requires a town match), while not changing any of the State Proposition 12/40 Park Bond grant allocations to the current PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: (PPW JOB NO. 04-60) - BALZER FIELD RESTROOM REMODEL AND EXPANSION PROJECT (0608) MARCH 22, 2007 designated parks improvement projects. Any unused GEAR will revert back to the general fund. The recommended budget adjustment will provide sufficient funding to complete the project this fiscal year. 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 approved for $155,000 of which an estimated cost increase of $21,398 necessitates a budget adjustment from reserve for Capital Projects fund to increase the project budget to $176,398,. to provide sufficient funding for this project. Any unused GEAR will revert to the general fund. The following chart describes the project budget, funding sources and adjustment request: BALZER BASEBALL FIELD RESTROOM EXPANSION PROJECT Project 0608 Budget Budget Revised Contract Budget FY 2006/07 Fiscal Impact Funding Adjustments Budget Amount Balance State Proposition 12 Park Bond (Fund 410-0608) 141,174 - 141,174 141,174 Reserve for Future Capital Projects (Fund 400-0608) 13.826 21.398 3,224 8.398 26.826 TOTALS 155,000 21,398 176,398 149,572 26,826 "TOTAL EXPENDITURES BY CATEGORY: Staff Labor, Toivn Match 6.926 Design Consultant, Town Match 6,900 Electrical Contract, Town Match 13.000 Construction (Grant) 139,72 Construction Contingency (Grant & Town Match) 10,000 Attachments: 1. Resolution declaring Santa Clara Valley Corporation as the lowest responsible bidder (with Exhibit A) Agreement 2. Bid Summary MENEM L RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO SANTA CLARA VALLEY COORPORATION FOR PPW JOB NO. 04-60 BALZER FIELD RESTROOM REMODEL AND EXPANSION FOR PROJECT 0608 WHEREAS, bids were sought in conformance with State and Town law for PPW Job No. 04-60 - Balzer Field Restroom Remodel and Expansion; and WHEREAS, Santa Clara Valley Corporation 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 Santa Clara Valley Corporation is declared to be the lowest responsible bidder for PPW Job No. 04-60 - Balzer Field Restroom Remodel and Expansion. 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 $139,572. 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 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 MINNOW CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") and Santa Clara Valley Corporation (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. 04-60 - Balzer Field Restroom Remodel and Expansion 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 thirty nine thousand five hundred and seventy two dollars) $13( 9,72), 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 frilly liable for any damage or injury sustained by Owner or third persons resulting there from. 739° 7 - 73 ■ E. TIME OF COMPLETION The Work called for herein shall be fully completed in forty-five (45) 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 andlor 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: Santa Clara Valley Corporation Debra J. Figone, Town Manager (Signature) RECOMMENDED BY: (Print Name) Kevin Rohani (Address) Interim Director of Parks and Public Works APPROVED AS TO FORM: Orry P. Korb, Town Attorney (City, State, Zip) ATTEST: Jackie Rose. Clerk Administrator (Contractor's License Number) "I"O"WN OF LOS GATOS CLERK DEPARTMENT BID SUMMARY r _t PROJECT: BALZER FIELD REST ROOM REMODEL & EXPANSION _ PROJECT DATE: March 21, 2007 TIME: 10:00 A.M. BY: Jackie Rose BIDDEN ? CO F'IRTIED ~ NET BID Richwood Develo ment Mana ers BID ~ g p 16230 Shannon Road 0 1i D Los Gatos, CA 95032 f Kuehne Construction 933 Kifer Road, Suite B $ Sunnyvale, CA 94086 Santa Clara Valley Corporation 715 N. First Street, Suite 27 n San Jose, CA 95112 B-Bros. Construction, lnc_ 14610 Merced Street > r~ Y San Leandro, CA 94579 Silicon Valley Builders 111 W. St. John Street #950 t t / San Jose, CA 95113 ?ATE: t t f ATTACHMENT 2