05 Staff Report - Highway 9 Safety Improvement Project~i W N 0
DATE:
TO:
FROM:
SUBJECT
COUNCIL AGENDA REPORT
OCTOBER 25, 2007
MAYOR AND TOWN COUNCIL
MEETING DATE: 11/19/07
ITEM NO:
pu~
PAMELA JACOBS, INTERIM TOWN MANAGER
PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY
OVEMENT PROJECT
0614
A. ADOPT RESOLUTION DECLARING HSR, INC. TO BE THE LOWEST
RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A
CONSTRUCTION CONTRACT IN THE AMOUNT OF
$655,720.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSTRUCTION CONTRACT AS NECESSARY UP TO AN
AMOUNT OF $100,000.
RECOMMENDATION:
1. Adopt resolution (Attachment 1) declaring HRS, Inc. to be the lowest responsible bidder
on the project and award a construction contract (Exhibit A) in the amount of $655,720.
2. Authorize staff to execute future change orders to the construction contract as necessary
up to an amount of $ 100,000.
BACKGROUND:
This project is a multi-jurisdictional effort to improve safety for motorists, bicyclists, and
pedestrians. The Town of Los Gatos, City of Saratoga, and City of Monte Sereno applied for and
received a Congestion Mitigation and Air Quality (CMAQ) grant for a pedestrian and bicycle
safety enhancement project in 2005.
The first phase of the work is to design and construct bicycle safety improvements, including
some widening of shoulders, signing and striping the road. This phase also addresses some of the
pedestrian facility needs of Highway 9 route by installing 2 lighted crosswalks systems at
Intersection of Highway 9 with Massol Avenue in Los Gatos and with Vickery Avenue in
Saratoga. Project design for this phase started in fall 2006, and final construction documents
were prepared and approved by Caltrans in fall 2007.
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
NAENGINEERING\COUNCIL REPORTS\O5-] 7.highway9.safety.improve.award.revised.doe
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENT PROJECT 0614
OCTOBER 25, 2007
The next phase of the work is to address various deficiencies for pedestrians on Highway 9. A
wide range of options and features will be considered for such facilities. This task will require
extensive analysis of needs for pedestrian facilities in each municipality along the Highway 9
route.
nTgCT iccrnN-
On September 17, 2007, the Town Council approved plans and specifications for the first phase
of Highway 9 Safety Improvement project and authorized staff to advertise the project for bids.
On October 24 2007, five (5) bids were received for this project. See (Attachment 2) Bid
Summary.
Staff reviewed the bids received and has determined that HSR, Inc. 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 HSR, Inc. to be the
lowest responsible bidder on the project and award a construction contract to this company in the
amount of $655,720.
Further, it is recommended that Council authorize staff to execute future change orders to the
construction contract up to an amount of $100,000 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 December 2007 and completed by April 2008.
CONCLUSION:
Staff recommends that the Council accept the staff recommendations noted above.
ENVIRONMENTAL ASSESSMENT:
This project is Categorically Exempt pursuant to Sections 15301 (c), and 15303 (e), and 15304
(b) of the State CEQA guidelines.
FISCAL IMPACT:
This project has a total budget of $1,165,000, including matching funds (prorated based upon
amount of improvements per jurisdiction) from the cities of Saratoga, Monte Sereno and Los
Gatos. Expenditures to date include design, staffing, consultant services, and blue print charges
totaling $241,230, plus construction management expenses of $119,000. The current available
budget balance of $1,254,770 is sufficient to meet the costs of this contract, plus staffing and
inspection, and contingency needed to complete this project. The following chart describes the
project's budget:
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENT PROJECT 0614
OCTOBER 25, 2007
Highway 9 Safety Improvements Project
PPW Job #05-17
Expended/
Budget Encumbered
Remaining
Amount
Remaining
FY 2005/06 Fiscal Impact
Funding To Date
Balance
of Contracts
Balance
Project: 400-0614
50,000
50,000
50,000
-
Project: 410-0614
1,565,000 241,230
1,323,770
824,720
499,050
TOTALS
1,615,000 241,230
1,373,770
874,720
499,050
TOTAL EXPENDITURES BY CATEGORY:
Staff Labor
3,495
Materials
118
Engineering Design
237,480
Consultant Services
Advertising
137
Construction Management:#1 CSG
119,000
Construction Contract: #2 HSR
655,720
Contin enc : HSR
100,000
TOTALS
241,230
874,720
1. Resolution declaring HSR, Inc. 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
HSR, INC.
FOR PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENT PROJECT
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No.05-17 - Highway 9 Safety Improvement Project; and
WHEREAS, HSR, Inc. 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 HSR, Inc. is declared to be the lowest
responsible bidder for PPW Job No. 05-17 - Highway 9 Safety Improvement 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 $655,720.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $100,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 19th day of November, 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 HSR, 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. 05-17 - Highway 9 Safety 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 (six hundred and fifty five thousand seven hundred and twenty
dollars) $655,720), 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.
E. TIME OF COMPLETION
The Work called for herein shall be fully completed in ninety (100) 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:
HSR, Inc.
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)
Exhibit A
d
V
U
d
C
O
C
~ O
n
~ O
N
N
d ~
Q a
N O
~ U
O Q
13k
a
O E9
H A
~ O C
O O
ig U
o
0
o
0
o
0
o
0
o
0
o
0
o
0
0
0
0
o
0
o
0
0
0
0
0
0
0
0
-
0
-
19
0
0
0
0
0
0
0
0
0
0
O
0
o
0
o
0
o
0
o
0
0
0
0
0
0
0
0
°o
0
0
0
0
0
0
0
0
0
0
0
6
0
6
0
0
6
0
0
0
°0
0
0
0
0
0
0
0
0
0
6
0
0
6
0
rn
N
6
O
0
O
0
O
0
O
0
V
N
N
O
N
t C)
p~
6
N
0
4
0
N
0
O
0
V
0
O
0
O
0
N
0
~
0
0
(
0
O
0
°
0
~A
0
tq
O
q
N
n
(A
N
O
N
n
N
0
0
0
O
0
n
M
C O
0 (n
(!1
N
N
O
O
N
a
a
N
N
N
M
O
N
O
N
O
M
N
w
N
n
N
d:
~j
N
M
^
(n
N
to
rn
M
N
^
V
N
O
N
N
M
_¢Q
U
c o (u
o N
U
°
°
0
0
o
°
°
0
p
o
0
0
0
O
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
0
o
0
0
0
°
0
o
0
0
o
0
°
0
°
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
°
0
0
o
w O U
E 0
0
0
O
0
p
O
O
o
N
0 N
O
to
uj
tO
0
0
0
0
M
0
N
N
0
N
N
0
0
O
O
O
M
(°O
M
M
O
N
0
,
0
0
0
112 E
M
N
N
N
M
~
N
M
C7 h tq
v'
O
O
O
O
°
O
O
O
O
O
O
O
O
O
O
O
V
O
O
O
O
O
O
O
O
O
O
O
O
O
s{
°
O
O
O
O
O
O
O
O
O
O
O
O
0
0
1
0
(1)
O
0
0
t o
OO
O
O
O O
6
O
0
N
o
r
`
N
6
,6
M
O
0
O
to
o
O
°
O
0
(P
0
O
0
O
o
D
°
M
N
(n
M
n
O
O
O
O
°
0
0
N
0
(A
O
R
t~
M
n
m
m
N
0
0
0
0
0
0
N
N
O
N
n
r
N
O
OJ
O
N
C
O
n
N
O
rn
p
h
o
(n
V
o
to
,
r
in
rn
O
m
_
M
N
~
(
(
D
M
N
N
t
D
c00
m
U m
fA
a
° U
O m p
m
o
o
O
o
O
o
o
o
N
O
O
o
o
O
o
r
0
°
0
0
o
O
0
0
0
O
0
0
0
0
O
0
0
0
0
0
0
N
O
O
to
t
p
N
(n
0
0
O
0
°
°
`
O
l6 (p
~
O
°
N
I~
n
N
N
N
O
p
O
(n
O
O
n
O
N
0
to
O
O
O
pj
M
fM
pt
M
O
p
M
°
N
~
N
n
V
O
V'
V
O
0
0
0
O
U
O N
mN C
m
N
n
N
p
N
~
(
N
O
N
V
N
r
r
(
rn
(O
0
O
M
N
O
0
0
O
0
O
O
0
O
0
0
O
0
O
0
O
O
O
O
O
o
O
c
o
o
O
l
o
O
O
O
0
0
p
0
p
O
O
O
O
O
0
O
0
O
0
O
0
O
0
O
0
O
O
O
O
O
O
O
O
D
0
o
O
0
O
0
O
o
N
(3i
h
O
0
"
d'
o
M
o
N
N
D
O
6
O
o
O
°
N
o
(p
0
m
0
p
0
N
O
O
N
N
o
o
(n
N
N
0
N
N
W
0
°
O
O
W
G
_
°
0
0
M
Q
N
N
O
N
N
h
}
N
O
N
r
M
N
h
°
N
r
o
r
rn
M
N
N
O
m
O
M
M
(n
W
O
(
N
O
N
M
M
m o
>
N
N
m
N
N
n
(
f
N
d
V
warn
c)
-
o
o
o
o
0
0
°
0
°0
0
o
o
0
o
0
0
0
0
ffi
a
21.
°O
O
O
D
N
0
t(
1
O
N
N
6
0
0
M
o
f00
O
o
°
O
O
p
O
p
-
°
-
M
N
O
0
N
0
N
N
N
O
N
N
V
M
r
r
N
N
U
N
•
•
r
(
N
M
260
n
N
~ -
o
o
°
0
°
0
0
o
0
o
D
o
o
0
0
0
0
o
0
o
0
o
0
o
0
0
0
0
0
0
0
0
0
°
0
0
0
0
0
0
0
°
0
0
0
o
0
o
0
o
0
o
0
0
0
o
°
0
o
o
0
o
o
v
-
o
5
0
0
.
o
0
0
to
0
N
0
0
0
0
0
c0
0
N
0
O
0
N
0
O
0
°
°
°
o
o
°0
M
0
N
0
O
0
o
0
0
0
N
0
N
0
O
0
0
O
r
o
o
0
p
o
0
n
m
(N
N
O
.
o
rn
N
N
N
n
"T
O
O
to
O
to
N
^
n
4
O
O
m
rn
to
N
N
O
O
N
O
m
o
0
M
N
m
m
N
M
M
tD
d'
V
7
M
to
M
M
^
M
rn
N
h)
M
N
p
i
rn
N Q
U
,p (n0
0
°
O
O
O
o
o
O
O
q
O
O
o
0
o
0
O
o
0
°
0
0
O
O
O
O
O
O
m
m
0
0
o
0
0
x U
O
~
I
o
N
D
O
D
O
O
°
(V
O
N
D
Tq
V
O
(P
h
6
N
O
0
N
0
M
M
O
n
O
o
0
O
(n
0
o
QI
7
IC
i : ~
M
o
M
(n
01
rn
m
N
1
1
N
N
0
N
M
d (n
i
O
f
O
O
O
O
O
o
O
o
o
o
8
°
D
o
O
.
D
o
O
O
O
O
O
O
O
O
O
O
O
O
O
O
0
°
O
0
O
0
O
0
O
O
O
O
O
O
O
0
o
0
0
0
0
0
0
0
o
O
O
O
o
O
c
O
J~
'
0
O
0
O
0
O
0
0
0
r
O
O
h
O
O
N
m
O
0
o
7
o
0
0
0
O
V'
O
N
0
N
0
O
0
0
O
pp
(0
M
O
0
0
o
0
°
O
0
h
"
(
N
o
o
ri
N
m
0
N
N
N
h
m
N
O
(A
o
't?
N
V
N
N
O
(11
N
a
m
c6
M
N
V
N
O
H
O
yj
N
m
I
M
(
n
N
a
N
M
-
.
V
N
M
M
N
ON
d
w
Q
Q~
6 O~
^
0
O
0
O
0
O
0
D
O
O
o
o
°O
O
o
0
°
0
0
°
O
°
o
O
O
o
°
O
°
°O
O
O
o
°
°
0
O
0
°
0
o
C¢
M
O
O
O
h
O
M
N
N
N
N
O
N
7
n
M
N
o
N
O
N
°
(n
°
M
N
^
tp
N
((j
a
N
N
M
N
O
S M (C
y
1
0
0O
0( _ O
7 OO
O
O
C
-
"
c
c '
O
O
O
:
O
O
.
N
m
r
tn
~
~
-`I
N
V
tn
u
I
O
tn
.
Q
rn
N "
t~
I E
O
N
O
M
I
-
°
0
0 -
o
°o
o
o
g
c
c
o
of
0
0
W
i\
t'
S.
O
0.
O
75
0
o
m
N
AO U
u p
0
O ~
23
d G
O
A
v
N sCr
v ar
> w
w N
v ~
3 0
ap
R~
G
~ O
v p
r b
O
s t
b
Attachment 2