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05 Staff Report - Johnson Avenue Storm Drain Improvements Project~J wN of MEETING DATE: 5/21/07 ITEM NO: tos~Ga.~os COUNCIL AGENDA REPORT DATE: MAY 15, 2007 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: PPW JOB NO. 07-03 - JOHNSON AVENUE STORM DRAIN IMPROVEMENTS PROJECT 0727 A. ADOPT RESOLUTION DECLARING CASEY CONSTRUCTION COMPANY TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $80,072. B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY UP TO THE AMOUNT OF $5,000. C. AUTHORIZE BUDGET ADJUSTMENT OF $16,937 FROM STORM DRAIN FUND (461) TO JOHNSON AVENUE STORM DRAIN IMPROVEMENT PROJECT 0727. D. AUTHORIZE EXPENDITURES UP TO $91,937 FOR JOHNSON AVENUE STORM DRAIN IMPROVEMENT PROJECT 0727 (INCLUDING $6,865 FOR EXPENDITURES TO DATE). RECOMMENDATION: 1. Adopt resolution (Attachment 1) declaring Casey Construction Company to be the lowest responsible bidder on the project and award a construction contract (Exhibit A) in the amount of $80,072. 2. Authorize staff to execute future change orders to the construction contract as necessary up to the amount of $5,000. 3. Authorize budget adjustment of $16,937 from Storm Drain Fund (461) to Johnson Avenue Storm Drain Improvement Project 0727. 4. Authorize expenditures up to $91,937 for Johnson Avenue Storm Drain Improvement Project 0727 (including $6,865 for expenditures to date). PREPARED BY: KEVIN ROHANI``~ Interim Director of Parks and Public Works NIENGINEERING\COUNCIL REPORTS\07-03 .johnson.avenue.s.d. improve.. doe ,..a,.m _ . _ .e_ .w Reviewed by i? aAssistant Town Manager own Attorney Clerk Administrator inance ommunity Development ■ PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 07-03 - JOHNSON AVENUE STORM DRAIN IMPROVEMENTS PROJECT 0727 MAY 15, 2007 BACKGROUND: This project will relocate a storm drain that is located on private property so that the property owner can expand their residence. This is a public storm drain that was installed decades ago without any easements on private property. The property owner is granting the Town a storm drain easement which will make it possible for Town crews to service this storm drain system. This project is consistent with the Town's goals to improve public health and safety. DISCUSSION: On April 4, 2007, Council approved plans and specifications for the Johnson Avenue Storm Drain Improvement Project and authorized staff to advertise the project for bids. On May 2, 2007, one (1) bid was received for this project. See (Attachment 2) Bid Summary. Staff has checked the bid received and has determined that Casey Construction Company is a responsible entity and that its bid is responsive to the Town's formal bid process. This bid is 6% above the engineer's estimate and is reflective of the current bidding environment in which few contractors pursue small construction jobs, such as this project. Contractors are generally more interested in larger and longer-term projects. Staff believes this bid is reasonable given the construction environment, and will not pursue re-bidding the project as it will not guarantee a lower bid. It is recommended that the Council adopt the attached Resolution that would declare Casey Construction Company to be the lowest responsible bidder on the project and award a construction contract to this company in the amount of $80,072. It is anticipated that construction will begin on this project in late 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. FISCAL IMPACT: Funding for the Johnson Avenue Storm Drain Project is currently budgeted with $75,000 from the Storm Drain One fund (461). Expenditures to date total $6,865 for engineering evaluation ($6,650) and printing charges ($215). PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 07-03 - JOHNSON AVENUE STORM DRAIN IMPROVEMENTS PROJECT 0727 MAY 15, 2007 An adjustment of $16,937 will provide the project necessary funding, including a $5,000 contingency above the contract amount, revising the total project budget to $91,937. The current balance in Strom Drain One fund (461) is $141,500, sufficient to meet this budget adjustment. Any remaining unspent funds will revert back to the Storm Drain One fund (461). The following chart describes this project's budget: ENGINEERING JOB #0703 Approved Budget Revised Encumbered Remaining Contract Remaining FY 2006/07 Fiscal Impact Budget Adjustments Budget to Date Budget Amount Balance Johnson Avenue Project (0727) 75,000 75,000 6,865 68,135 68,135 - Transfer in From Storm Basin Fund (0461) 16,937 16,937 16,937 11,937 5,000 TOTALS 16,937 91,937 6,865 85,072 80,072 5,000 TOTAL EXPENDITURES BY CATEGORY: staffing materials 215 engineering evaluation & design 6,650 Construction 80,072 Construction Contingency 5,000 TOTALS 6,865 80,072 5,000 Attachments: 1. Resolution declaring Casey Construction Company as the lowest responsible bidder (with Exhibit A) Agreement 2. Bid Summary RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CASEY CONSTRUCTION COMPANY FOR PPW JOB NO. 07-03 JOHNSON AVENUE STORM DRAIN IMPROVEMENT PROJECT 0727 WHEREAS, bids were sought in conformance with State and Town law for PPW Job No.07-03 - Johnson Avenue Storm Drain Improvement Project; and WHEREAS, Casey 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 Casey Construction Company is declared to be the lowest responsible bidder for PPW Job No. 07-03 - Johnson Avenue Storm Drain Improvement 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 $80,072. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as necessary, up to an amount of $5,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21St day of May, 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 1 CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") and Casey Construction Company (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. 07-03 Johnson Avenue Storm Drain Improvement 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 (eighty thousand seventy two dollars) S 072 , 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 in thirty (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: Casey Construction Company Debra J. Figone, Town Manager RECOMMENDED BY: Kevin Rohani Interim 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) o~ U v •N m O O ~ 4.4 e4; O ~ O N Q ~ N O 0; ~ O •N ~ H O ~ Q O p O ~ o a rn eZ' 4.4 eL U N v' o 0 O O o O O O 0 N O U O O O 0 O N Lo O 00 O o O O O r- CO 00 CO CD L tri c6 (0 Ld 64 L 0- = O u O O C) C) O fc c o ~ = 00 O O 6 O O 00 O O 0 ~ N (n O N N L N It co O rn , (D a) tt) o 0 0 0 C 0 o 0 c 0 o 0 0 U 0 0 Q 6 0 ° 6 0 0 a~ 0 0 0 0 Ln . 0 L6 06 U-1 (d 6c~ N W U) v 0 O p O 0 O 0 p O O 0 O L6 0 O O 0 0 O 0 0 p p o N W to W CA ti ti Q J Cn J J J W r o O rn r O N N M N c X W m Cn Z' ~ Y c o W a s O c ~ c: ~ ~ ~ 06 4.1 a ~ U) Q xs N - N - - cu °6 ° cu c cu c cu c Q U ~ atA 2 N c'7 It LO m G O m V ..y ~ v ~ O ccS L~ V O ~ N Q" N C N cz O ~ O N ~ N V N ~ O u 75 q) o U H ATTACHMENT 2 r U) x U) m Q N N t Q U 0 O0 2 Z Q Y 2 W U U rl- O 0 N N LO