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10 Staff Report - Retaining Wall Replacementow ~ aF ios ca3~g COUNCIL AGENDA REPORT DATE: SEPTEMBER 10, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 9115108 ITEM NO: i o SUBJECT: PPW JOB NO. 07-10 - FISCAL YEAR 08-09 -RETAINING WALL REPLACEMENT AT UNIVERSITY AVENUE AND WOODED VIEW DRIVE PROJECT 411-815-9930 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 $169,679. B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY UP TO AN AMOUNT OF $16,000. 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 $169,679. 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 the retaining wall projects and is consistent with the Town's goals to improve public safety. This project will repair and replace two failed retaining walls on University Avenue and Wooded View Drive that failed last winter during the rainy season. DISCUSSION: On August 18, 2008, the Town Council approved plans and specifications for the Retaining Wall Replacement Project at University Avenue and Wooded View Drive and authorized staff to advertise the project for bids. PREPARED BY: TODD CAPURSO Director of Parks and Public Works NAENCINEER1NG1COUNCIL REPORM2008 Reportsl7-IO.FY08-09.retaining.wall.repaleement.at.univ.woodedvie%v.drive.acvard.doc Reviewed by: ~ ~ Assistant Town Manager i' k~Town Attorney Clerk Administrator Finance `~'6rnmunity Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 07-10 -FISCAL YEAR 08-09 -RETAINING WALL REPLACEMENT AT UNIVERSITY AVENUE AND WOODED VIEW PROJECT 411-815-9930 SEPTEMBER 10, 2008 On September 10, 2008, three (3) bids were received for this project. See Bid Summary (Attachment 2). Staff reviewed the bids 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 $169,679. 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 Retaining Wall Replacement Project at University Avenue and Wooded View Drive Project 411-815-9930 was approved by Council on August 18, 2008. Sufficient funds are available for the proposed agreement as detailed below: RETAINING WALL REPLACEMENT PROJECT 411-§15-9930: Fy 2008109 Expended/ Proposed Remaining Budget Encumbered Available Contract Budget FY 2008109 Fiscal Impact & Carryforward To Date Balance Amount 4f Approved Project: 411-815-9930 $ 561,483 - $ 561,483 $ 185,679 $ 375,804 TOTALS $ 561,483 _ $ 561,483 $ 185,679 $ 375,804 `TOTAL EXPENDITi3RES Rl C`A I EGORY: Staff Labor Materials Engineering Design Construction $ 169,979 Contingency 16,000 TOTALS $ 185,979 PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 07-10 -FISCAL YEAR 08-09 -RETAINING WALL REPLACEMENT AT UNIVERSITY AVENUE AND WOODED VIEW DRIVE PROJECT 411-815-9930 SEPTEMBER 10, 2008 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. 07-10 RETAINING WALL REPLACEMENT PROJECT AT UNIVERSITY AVENUE AND WOODED VIEW DRIVE WHEREAS, bids were sought in conformance with State and Town law for PPW Job No.07-10 - Retaining Wall Replacement Project at University Avenue and Wooded View Drive Project; and WHEREAS, Casey 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 Casey Construction Company is declared to be the lowest responsible bidder for PPW Job No. 07-10 Retaining Wall Replacement Project at University Avenue and Wooded View Drive. 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 $169,679. 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 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. 07-10 Retaining Wall Replacement Project at University Avenue and Wooded View Drive; 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 nine thousand six hundred seventy nine dollars) $169,679, 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 11, 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 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) TOWN OF LOS GATOS CLERK DEPARTMENT BID SUMMARY PROJECT: PROJECT 07-10_ University Avenue & Wooded View Retaining Wall Replacement Proj ect DATE: September 10, 2008 TIME: 10:00 A.M. BY; Jackie Rose 7y BIDDER CONFIRMED BID NET BID Anderson Pacific 1390 Norman Avenue Santa Clara, CA 95054 $190,000.00 Casey Construction 620 Handley Trail Emerald Hills, CA 94062 $169,679.00 Joseph J. Albanese P.O. Box 667 Santa Clara, CA 95052-0667 $215,000.00 ATTEST: DA'I'S: N:ICLKIBondslBID SUMMARYIBid Summary Proj 07-10,wpd