09 Staff Report - Curb, Gutter, and Sidewalk Replacement Project'N N 0
i n
iospSOS COUNCIL AGENDA REPORT
DATE: SEPTEMBER 10, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 9115108
ITEM NO: Ci
SUBJECT: PPW JOB NO. 07-17 - FISCAL YEAR 08-09 - CURB GUTTER AND
SIDEWALK REPLACEMENT PROJECT 411-813-9921
A. ADOPT RESOLUTION DECLARING GOLDEN BAY CONSTRUCTION
COMPANY TO BE THE LOWEST RESPONSIBLE BIDDER ON THE
PROJECT AND AWARD A CONSTRUCTION CONTRACT IN THE
AMOUNT OF $165,585.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSTRUCTION CONTRACT AS NECESSARY UP TO AN
AMOUNT OF $16,000.
RECOMMENDATION:
I. Adopt resolution (Attachment 1) declaring Golden Bay Construction Company to be the
lowest responsible bidder on the project and award a construction contract (Exhibit A) in
the amount of $165,585.
2. Authorize staff to execute future change orders to the construction contract as necessary
up to an amount of $16,000.
BACKGROUND:
The adopted Capital Improvement Program designates funding for curb, gutter, and sidewalk
replacement projects and is consistent with the Town's goals to improve public safety and to
improve the quality of Town streets.
This project will repair and replace 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 and various service calls the Town receives from the residents. In
conjunction with the replacement of damaged concrete, tree roots are also pruned and root
barrier placed to minimize further damage to new curb, gutter, and sidewalks.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
N:TNGINEERINGICOUNCIL REPORT512008 Reportsl7-17.FY08-09.curb.guitter.sidewalk.replace.award.doc
Reviewed by: q5S Assistant Town Manager bLTown Attorney
Clerk Administrator _ Finance - C nmunity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 07-17 - FISCAL YEAR 08-09 - CURB, GUTTER, AND
SIDEWALK REPLACEMENT PROJECT 411-813-9921
SEPTEMBER 10, 2008
DISCUSSION:
On August 18, 2008, the Town Council approved plans and specifications for the Curb, Gutter,
and Sidewalk Replacement Project and authorized staff to advertise the project for bids.
On September 10, 2008, four (4) bids were received for this project. See Bid Summary
(Attachment 2). Staff reviewed the bids received and has determined that Golden Bay
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
Golden Bay Construction Company to be the lowest responsible bidder on the project and award
a construction contract to this company in the amount of $165,585.
Further, it is recommended that Council authorize staff to execute future change orders to the
construction contract up to an amount of $16,000 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 October 2008.
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 Curb, Gutter, and Sidewalk Replacement Project 411-813-9921 was approved by Council on
August 18, 2008. Sufficient funds are available for the proposed agreement as detailed below:
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 07-17 - FISCAL YEAR 08-09 - CURB, GUTTER, AND
SIDEWALK REPLACEMENT PROJECT 411-813-9921
SEPTEMBER 10, 2008
CURS, GUTTER, AND SIDEWALK REPLACEMENT
PROJECT4 1-813-9921`
FY 2008/09 Expended/ Proposed
Remaining:
Budget Encumbered Available Contract
Budget
FY 2008/09 Fiscal Impact & CarryForward To Date Balance Amount
If Approved .
Project: 411-813-9921 $ 244,884 $ 25,653 $ 219,231 $ 181,585
$ 37,646
TOTALS $ 244,884 $ 25,653 $ 219,231 $ 181,585 $ 37,646
:TOTAL EXPENDITURES BY CATEGORY
Staff Labor
Materials
Engineering Design
Construction $ 25,653 $ 165,585
Contingency 16,000
TOTALS $ 25,653 $ 181,585
Attachments:
1. Resolution declaring Golden Bay 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
GOLDEN BAY CONSTRUCTION COMPANY
FOR PPW JOB NO. 07-17
FISCAL YEAR 08-09 - CURB, GUTTER, AND
SIDEWALK REPLACEMENT PROJECT
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No. 07-17 - Curb, Gutter, and Sidewalk Replacement Project; and
WHEREAS, Golden Bay Construction Company submitted a bid which the Town
Council deems to be responsive to the Town's solicitation; and
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that Golden Bay Construction Company
is declared to be the lowest responsible bidder for PPW Job No. 07-17 - Curb, Gutter, and
Sidewalk Replacement Project; and
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 $165,585.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $16,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 15th day of September, 2008, 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
Attachtnent 1
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
("Owner") and Golden Bay 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. 07-17 - Curb, Gutter, and Sidewalk 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 sixty five thousand five hundred eighty five dollars)
$165,585, 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.
Exnibit A
E. TIME OF COMPLETION
The Work called for herein shall be fully completed in sixty (60) 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:
Golden Bay Construction Company
Greg Larson, Town Manager
RECOMMENDED BY:
Todd Capurso
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