03 Staff Report - Highway 9 Safety Improvement Project~0s•c~ta5
DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
OCTOBER 3, 2008
MAYOR AND TOWN COUNCIL
MEETING DATE: 1016/08
ITEM NO:
GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENTS PROJECT
411-812-0101
A. ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO
EXECUTE AN AMENDMENT TO THE CONSTRUCTION AGREEMENT
WITH HSR, INC. FROM $655,720 TO $772,579.
B. ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO
EXECUTE AN AMENDMENT TO THE CONSTRUCTION
MANAGEMENT AGREEMENT WITH CSG CONSULTANTS FROM
$119,000 TO $129,000.
C. ADOPT RESOLUTION ACCEPTING THE WORK OF HSR, INC. AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE
OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING
BY THE CLERK ADMINISTRATOR.
RECOMMENDATION:
I. Adopt resolution authorizing Town Manager to execute an amendment to the construction
agreement with HSR, Inc. from $655,720 to $772,579.
2. Adopt resolution authorizing Town Manager to execute an amendment to the construction
management agreement with CSG Consultants from $119,000 to $129,000.
3. Adopt resolution accepting the work of HSR, Inc. and authorizing the Town Manager to
execute certificate of acceptance and notice of completion for recording by the Clerk
Administrator.
BACKGROUND:
This project is a multi jurisdictional effort to improve safety for motorists, bicyclists, and
pedestrians.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
N:TNG1NEERINGIC0UNCIL REPoxrsM08 Reportsl05-17.iiighwiiy9.safty.improve.cert,doc
Reviewed by: Assistant Town Manager Town Attorney~~u~~,.,
Clerk Administrator <C Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENTS PROJECT
411-812-0101
OCTOBER 3, 2008
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 was designed and constructed by HSR, Inc. and included bicycle
safety improvements, shoulder widening, and signing and striping the road.
This project also addressed 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.
On November 19, 2007, The Town Council awarded the contract for this work to HSR, Inc. The
contracted work has been completed by HSR, Inc. and is accepted by the Parks and Public Works
Department.
DISCUSSION:
As the project progressed, changes were incorporated to address unforeseen site conditions. The
most significant change was the need to increase the amount of excavation as it was discovered
that existing pavement on Highway 9 was much thicker than anticipated and that the subgrade
was of an inadequate material to fulfill Caltrans requirements. In order to address this issue, the
existing subgrade had to be removed, replaced, and compacted to fulfill Caltrans specifications.
This resulted in an additional saw cutting, excavation, backf ll, and paving cost of $62,418.59.
In addition, requests were made by the Cities of Saratoga and Monte Sereno that added to the
scope of the project. These included:
• Installation of tree protection fencing in the City of Saratoga at a cost of $824.94.
• Additional surveying, plan changes, and movement of irrigation and electrical lines to
accommodate a median change at Highway 9 and Big Basin Way in Saratoga. The
intersection was modified after the plans for the Highway 9 Safety Improvement project
was finished. The additional work to accommodate the new intersection layout resulted in
an additional cost of $16,325.15.
• Construction of an AC pedestrian walkway and curb cut as requested by the City of
Saratoga at a cost of $3,201.34.
• Additional shoulder widening was requested by the City of Monte Sereno at an additional
cost of $14,171.76.
• Slope grading and erosion control blankets were requested by the City of Monte Sereno
at an additional cost of $12,280.00.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENTS PROJECT
411-812-0101
OCTOBER 3, 2008
CSG Consultants, Inc. provided civil construction management and inspection services. As the
scope had increased to accommodate the aforementioned changes, CSG's construction
management and inspection services also increased. An additional $10,000 for the additional
work has been added to their original $119,000 contract.
This project is largely funded through the CMAQ grant. The CMAQ grant will cover the
additional expenditures for the project. Staff is in the process of preparing documents for
reimbursement from Caltrans for the project and final close out.
The phase 2 of Highway 9 improvements that will focus on pedestrian safety elements will be
managed by the City of Saratoga as the lead agency with participation from Monte Sereno and
Los Gatos.
Ten percent of the faithful performance bond will remain in effect for a period of two years to
guarantee any needed repair and/or replacement caused by defective materials and workmanship.
The execution and recordation of the Certificate of Acceptance is now required to finalize the
Town's acceptance of the project. Staff recommends that the Certificate of Acceptance and
Notice of Completion be executed and recorded.
CONCLUSION:
Staff recommends that Council approve the amendments to HSR, Inc. and CSG Construction
agreements. In addition, staff recommends that Council approve the Certificate of Acceptance
and Notice of Completion for recording by the Clerk Administrator.
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 original contract for HSR, Inc. approved by Council was for $655,720, with a contingency
budget of $100,000, for a total project budget of $755,720. This project was completed by HSR
Inc. for $772,579, which was over the project budget by $16,859.
The original agreement with CSG Consultants, Inc. was for $119,000. This project was
completed for $129,000, which was over the budget by $10,000.
The overall adjustment for the project for both construction and inspection is $26,859. There are
sufficient funds in the project to cover the project budget adjustment.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENTS PROJECT
411-812-0101
OCTOBER 3, 2008
The Cities of Saratoga and Monte Sereno will pay their appropriate share of improvements as
previously agreed upon by the three municipalities.
Sufficient funds are available in this project's budget to accommodate the changes to the original
agreement amounts as noted in the total project budget table below.
HIGHWAY 9 SAFETY IMPROVEMENTS PROJECT 411-812-0101
Original Expenditures Contingency Change Change Over
Contract to Date Orders 1-8 Orders 9-11 Contract
HSR, Inc 655,720 (655,720) 100,000 (77,469) (39,390) (16,859)
CSG Consultants 119,000 (129,000) - - (10,000)
TOTALS 774,720 (784,720) 100,000 (77,469) (39,390) (26,859)
TOTAL PROJECT BUDGET TABLE
111GHWAY 9 SAFETY 11VIPROVhWt NT8 PROJECT 411=812-0101;
Approved Project Budget
FY 2007108 894,677
FY 2008/09 705,834
Total 1,600,511
Expenditures
FY 2007108
894,677
FY 2008109
2,176
Total
896,853
Encumbrances
FY 2008109 36,433
Requested Additions to Agreements 26,859
Available Balance
Attachments:
640,366
1. Resolution authorizing Town Manager to execute an amendment to the construction
agreement with HSR, Inc.
2. Resolution authorizing Town Manager to execute an amendment to the construction
management agreement with CSG Consultants.
3. Resolution accepting the work of HSR, Inc. (with Exhibit A) Certificate of Acceptance
and Notice of Completion.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AMENDMENT
TO THE CONSTRUCTION AGREEMENT WITH HSR, INC.
FROM $655,720 to $772,579 FOR
PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENT PROJECT
WHEREAS, In November, 2007 the Town Council awarded a contract for the Highway
9 Safety Improvement Project - PPW Job No. 05-17 to HSR, Inc. as the lowest responsible
bidder; and
WHEREAS, an amendment to the construction agreement with HSR, Inc. is necessary to
increase the amount from $655,720 to $772,579 to address unforeseen site conditions.
NOW THEREFORE BE IT RESOLVED, that the Town Manager is authorized and
directed to execute an amendment to the construction agreement with HSR, Inc. to increase the
amount from $655,720 to $772,579.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 6th day of October, 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
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AMENDMENT
TO THE CONSTRUCTION MANAGEMENT AGREEMENT
WITH CSG CONSULTANTS
FROM $119,000 to $129,000 FOR
PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENT PROJECT
WHEREAS, In November, 2007 the Town Council awarded a contract for the Highway
9 Safety Improvement Project - PPW Job No. 05-17 to CSG Consultants as the lowest
responsible bidder; and
WHEREAS, an amendment to the construction management agreement with CSG
Consultants is necessary to increase the amount from $119,000 to $129,000 due to increased
construction management and inspection services to accommodate unforeseen project changes.
NOW THEREFORE BE IT RESOLVED, that the Town Manager is authorized and
directed to execute an amendment to the construction management agreement with CSG
Consultants to increase the amount from $119,000 to $129,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 6th day of October, 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 2
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF HSR, INC. FOR PPW JOB NO. 05-17
HIGHWAY 9 SAFETY IMPROVEMENT PROGRAM
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
WHEREAS, on November - the Town Council awarded a contract for the Highway 9 Safety
Improvement Project - PPW Job No. 05-17 to HSR, Inc. as the lowest responsible bidder; and
WHEREAS, HSR, Inc. substantially completed the project in conformance with the Town's bid process
and pursuant to Council approval; and
WHEREAS, ten percent of the performance bond provided by HSR, Inc. shall remain in place for two
years until October 6,.2010 to guarantee the work; and
WHEREAS, the work on PPW Job No. 05-I7 - Highway 9 Safety Improvements is hereby accepted as
complete pursuant to the plans and specifications for the project.
NOW, THEREFORE BE IT RESOLVED, that the Town Manager is authorized and directed to
execute the Certificate of Acceptance and Notice of Completion attached as (Exhibit A) hereto.
BE IT FURTHER RESOLVED, that the Clerk Administrator is directed to transmit this Certificate of
Acceptance and Notice of Completion to the Recorder of Santa Clara County for recording.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 6th day of October, 2008 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED.
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHMENT 3
RECORDING REQUESTED BY:
TOWN OF LOS GATOS
PLEASE RECORD AND RETURN TO:
Clerk Administrator
P.O. Box 949
Los Gatos, CA 95031
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 05-17 - HIGHWAY 9 SAFETY IMPROVEMENT PROJECT
TO WHOM IT MAY CONCERN:
We do hereby certify that HSR, Inc. substantially completed the work on
August 1, 2008 called for in the agreement with the Town of Los Gatos dated December
3, 2007. The work is outlined in the Town's bid process prepared by the Town of Los Gatos and
generally consisted of furnishing all labor, materials, tools, equipment, and services required for
completion of the PPW Job No. 05-17 - Highway 9 Safety Improvement Project in the TOWN
OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and
accepted October 6, 2008.
The Surety accompanying the contract/agreement is the First National Insurance Company of
America.
Bond No.: 6500519
Date: November 28, 2007
By:
Acknowledgement Required
TOWN OF LOS GATOS
Director of Parks and Public Works
By:
Town Manager
Exhibit A
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW Job No. 05-17
Highway 9 Safety Improvements
I, GREG LARSON, the Town Manager of the Town of Los Gatos, have read the
foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know
the contents thereof. The same is true of my own knowledge, except as to the matters which are
therein alleged on information or belief, and as to those matters I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration
was executed on , 2008 at Los Gatos, California.
GREG LARSON, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Director of Parks and Public Works
APPROVED AS TO FORM:
Town Attorney
Date:
Date:
Notary Jurat Required
ACKNOWLEDGEMENT
State of California
County of Santa Clara
On before me, JACKIE ROSE, NOTARY
PUBLIC, personally appeared TODD CAPURSO and GREG LARSON, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the within instrument the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal:
Notary Public
(seal)
OPTIONAL
CAPACITY CLAIMED BY SIGNER:
Municipal Officers of the Town of Los Gatos
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Certificate of Acceptance and Notice of Completion
PPW Job No. 05-17 Highway 9 Safety Improvements
No. of Pages:
Date of Document:
Signer(s) Other than Named Above: Orly Korb
JURAT
State of California
County of Santa Clara
Subscribed and sworn to (or affirmed) before me, Jackie Rose, Notary
Public, on this day of , 2008
by personally
known to me or proved to me on the basis of satisfactory evidence to be
the person(s) who appeared before me.
Notary Public (SEAL)
OPTIONAL
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Affidavit to Accompany Certificate of Acceptance and Notice
of Completion - PPW Job No. 05-17 - Highway 9 Safety Improvements
Number of Pages: 1
Date of Document:
Signers Other than Named Above: Todd Capurso and Orry Korb