05 Staff Report - Fascial Year 2007-08 Curb Gutter and Sidewalk RepairtOw N 0 MEETING DATE: 9/4//07
ITEM NO:
co GA(pS COUNCIL AGENDA REPORT
DATE: AUGUST 22, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: PAMELA JACOBS INTERIM TOWN MANAGER
SUBJECT: PPW JOB NO. 07-05 - FISCAL YEAR 2007-08 CURB. GUTTER, AND
SIDEWALK REPAIR AND REPLACEMENT PROJECT (400-0349)
A. ADOPT RESOLUTION DECLARING CB CONSTRUCTION COMPANY
TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND
AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF
$105,800.
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 CB Construction Company to be the lowest
responsible bidder on the project and award a construction contract (Exhibit A) in the
amount of $105,800.
2. Authorize staff to execute future change orders to the construction contract as necessary
up to an amount of $15,000.
BACKGROUND:
This project repairs and replaces damaged curbs, gutters, and sidewalks throughout Town. The
location for repairs and replacement work were identified throughout the past year by Parks and
Public Works Department staff. In conjunction with the replacement of damaged concrete, tree
roots are also pruned to minimize further damage to new curb, gutter, and sidewalks.
DISCUSSION:
On July 18, 2007, during legislative recess of the Town Council, the Town Manager approved
plans and specifications for the Curb, Gutter, and Sidewalk Repair and Replacement project and
authorized staff to advertise the project for bids. On August 15, 2007, three (3) bids were
received for this project. See (Attachment 2) Bid Summary.
PREPARED BY: KEVIN ROHANI r...
Interim Director of Parks and Public Works
N:AENGINEERINGTOUNCIL REPORTS\07-05.FY07-08.curb.gutter. sidewalk.award. doc
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 07-05 - FISCAL YEAR 2007-08 CURB GUTTER AND
SIDEWALK REPAIR AND REPLACEMENT PROJECT (400-0349)
AUGUST 22, 2007
Staff reviewed the bids received and has deterniined that CB Constriction 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
CB Construction Company to be the lowest responsible bidder on the project and award a
construction contract to this company in the amount of $105,800.
Further, it is recommended that Council authorize staff to execute future change orders to the
construction contract up to an amount of $15,000 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 constriction will begin on
this project in October 2007.
CONCLUSION:
Staff recommends that the Council accept the staff recommendations noted above.
ENVIRONMENTAL ASSESSMENT:
This is aproject as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice
of Exemption will not be filed.
FISCAL IMPACT:
The FY 2007/08 Curb, Gutter and Sidewalk Repair Project (400-0349) was approved by Council
on May 7, 2007. The following chart describes the project's budget:
CURB, GUTTER AND SIDEWALK REPLACEMENT PROJECT
PPW Job # 07-05
Expended/
Proposed
Remaining
Budget Encumbered
Contract
Budget
FY 2007/08 Fiscal Impact Funding To Date
Amount
If Approved
Project: 400-0349 200,000 -
105,800
94,200
TOTALS 200,000 -
105,800
94,200
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
Materials -
Engineering Design -
Construction - 105,800
Contingency - -
TOTALS - 105,800
A ttac,hn,antc•
1. Resolution declaring CB 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
CB CONSTRCCTION COMPANY
FOR PPW JOB NO. 07-05 - FISCAL YEAR 2007-08
CURB, GUTTER, AND SIDEWALK REPAIR AND REPLACEMENT PROJECT
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No.07-05 - Curb, Gutter, and Sidewalk Repair and Replacement Project; and
WHEREAS, CB 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 CB Construction Company
is declared to be the lowest responsible bidder for PPW Job No. 07-05 - Curb, Gutter, and
Sidewalk Repair and Replacement Project.
BE IT FURTHER RESOLVED that the Interim 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 $105,800.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $15,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 4th day of September, 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 CB 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. 07-05 - Fiscal Year 2007-08 Curb, Gutter, and Sidewalk Repair and 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 (one hundred five thousand eight hundred dollars)
$105,800), 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 fifty (50) 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:
CB Construction Company
Pamela Jacobs, Interim 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)
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ATTACHMENT 2
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