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06 Staff Report - Villa Avenue Retaining Wall Replacement ProjecttpW N 0 ~o"" Sos COUNCIL AGENDA REPORT DATE: MAY 16, 2007 MEETING DATE: 5/21/07 ITEM NO: 6 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE TOWN MANAGER SUBJECT: PPW JOB NO. 07-02 - VILLA AVENUE RETAINING WALL REPLACEMENT PROJECT 0406 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 $84,366. B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY UP TO AN AMOUNT OF $10,000. 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 $84,366. 2. Authorize staff to execute future change orders to the construction contract as necessary up to an amount of $10,000. BACKGROUND: This project will repair and replace a wooden retaining wall holding up the hillside along Villa Avenue between Fiesta Way and Jackson Avenue. This section of the wall failed in late 2006 due to considerable damage resulting from winter storms. This project is consistent with the Town's goals to improve public health and safety. tee, PREPARED BY: KEVIN ROHANI Interim Director of Parks and Public Works NIENGINEERING\COUNCIL REPORTS\07-02. villa. avenue. retaining. award. due Reviewed by: )-)Assistant Town Manager Town Attorney Clerk Administrator __IV Finance ommunity Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 07-02 - VILLA AVENUE RETAINING WALL REPLACEMENT PROJECT 0406 MAY 16, 2007 DISCUSSION: The retaining wall that failed was not reinforced and did not have a drainage system, causing it to deteriorate and fail. The new retaining wall will be reinforced with steel beams and pressure treated lumber, and have a drainage system behind the wall to prevent water damage to the wall. On April 16, 2007, Council approved plans and specifications for the Villa Avenue Retaining Wall Replacement project authorized staff to advertise the project for bids. On May 16, 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. 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 $84,366. Further, it is recommended that Council authorize staff to execute future change orders to the construction contract up to an amount of $10,000 due to the variables associated with this type of construction. The 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. It is anticipated that construction will begin on this project in 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: This project is funded with annual Retaining Wall Replacement Program funds. The remaining balance will carry forward to next year's Retaining Wall Program project. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 07-02 - VILLA AVENUE RETAINING WALL REPLACEMENT PROJECT 0406 MAY 16, 2007 VILLA AVENUE RETAINING WALL REPLACEMENT PROJECT PPW JOB # 07-14 Budget Encumbered Amount Remaining FY 2006/07 Fiscal Impact Funding To Date of Contract Balance 400-0406 Retaining Wall Repair Program Fund 175,776 9,349 84,366 82,061 TOTALS 175,776 9,349 84,366 82,061 TOTAL EXPENDITURES BY CATEGORY: Staff Labor - Materials (Blueprint/Copy Charges) 904 Design 8,490 Construction: Casey Construction 84,366 Construction Contingency - 10.000 TOTALS 9,394 84,366 10,000 Attachments: 1. Resolution declaring Casey Construction 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. 07-02 VILLA AVENUE RETAINING WALL REPLACEMENT PROJECT 0406 WHEREAS, bids were sought in conformance with State and Town law for PPW Job No.07-02 - Villa Avenue Retaining Wall Replacement project; and WHEREAS, Casey Construction Company submitted a 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. 07-02 - Villa Avenue 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 $84,366. 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 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 I E 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. 07-02 Villa Avenue Retaining Wall 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 four thousand three hundred and sixty six dollars) $8( 4,366), 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 H IJ 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. 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