04 Staff Report - FY 2009/10 Curb, Gutter, Sidewalk Replacement Project~pW N 0~
~OS'°GAt05
DATE:
TO:
FROM:
MEETING DATE: 8/17/09
ITEM NO:
COUNCIL AGENDA REPORT
AUGUST 6, 2009
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 09-11 - FY 2009/10 CURB, GUTTER, AND SIDEWALK
REPLACEMENT PROJECT 411-813-9921
A. ADOPT RESOLUTION DECLARING RP ENGINEERING
CONSTRUCTION COMPANY TO BE THE LOWEST RESPONSIBLE
BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION
CONTRACT IN AN AMOUNT NOT TO EXCEED $87,608.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSTRUCTION CONTRACT AS NECESSARY IN AN
AMOUNT UP TO $20,000.
RECOMMENDATION:
1. Adopt resolution declaring RP Engineering Construction Company to be the lowest
responsible bidder on the project and award a construction contract in an amount not to
exceed $87,608.
2. Authorize staff to execute future change orders to the construction contract as necessary
in an amount up to $20,000.
BACKGROUND:
This project repairs and replaces damaged curbs, gutters, and sidewalks throughout Town. The
locations 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.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Assistant Town Manager Fown Attorney
Cleric Administrator Finance Community Development
N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2009 reportsWigust 17\09-11.curb. gutter. sidewalk. award doc
PAGE 2
AUGUST 6, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 09-11 - FY 2009/10 CURB, GUTTER SIDEWALK
REPLACEMENT PROJECT
DISCUSSION:
On July 2, 2009, during legislative recess of the Town Council, the Town Manager approved
plans and specifications for this project and authorized staff to advertise the project for bids. The
Town Council accepted this action at the regular meeting held August 3, 2009.
On August 5, 2009, seven bids were received for this project (Attachment 2, Bid Summary).
Staff reviewed the bids and determined that RP Engineering Construction Company is the most
responsible entity and is responsive to the Town's informal bid process.
It is recommended the Town Council adopt a Resolution (Attachment 1) declaring
RP Engineering Construction Company to be the lowest responsible bidder for the project and
award a construction contract (Exhibit A) in an amount not to exceed $87,608.
It is further recommended the Town Council authorize staff to execute future change orders to
the construction contract as necessary in an amount up to $20,000. Due to the variables
associated with this particular type of construction, this change order amount is adequate to
cover the cost of unforeseen circumstances during the course of construction or for additional
quantities of work that may exceed those included in the contract. Staff anticipates construction
of this project to be completed by October 2009.
CONCLUSION:
Staff recommends the Town Council adopt a Resolution declaring RP Engineering Construction
Company to be the lowest responsible bidder on the project and award a construction contract in
an amount not to exceed $87,608. Staff further recommends Town Council authorize the
execution of future change orders to the construction contract as necessary in an amount up to
$20,000.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301c).
A Notice of Exemption will not be filed.
PAGE 3
AUGUST 6, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 09-11- FY 2009/10 CURB, GUTTER, SIDEWALK
REPLACEMENT PROJECT
FISCAL IMPACT:
There are sufficient funds available to pay for this project as demonstrated below.
CURB, CUTTER AND SIDEWALK REPLACEMENT
PROJECT 411-813-9921
Available
Expended/
Proposed
Budget
Encumbered
Contract
Available
FY 2009/10 Fiscal Impact
Funding
To Date
Amount
Balance
GFAR
$ 150,000
$ 212
$ 107,608
$ 42,180
TOTALS
$ 150,000
$ 212
$ 107,608
$ 42,180
TOTAL EXPENDITURES BY CATEGORY:
Project Construction
$ 87,608
Contingency
20,000
TOTALS
107,608
Attachments:
1. Resolution declaring RP Engineering Construction Company to be the lowest responsible
bidder and awarding a construction contract (Exhibit A)
2. Bid Summary
Attachment 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
RP ENGINEERING CONSTRUCTION COMPANY FOR
PPW JOB NO. 09-11 FY 2009/10 CURB, GUTTER, SIDEWALK REPLACEMENT PROJECT
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No. 09-11 - FY 2009/10 Curb, Gutter, and Sidewalk Replacement Project; and
WHEREAS, RP Engineering Construction Company submitted the lowest 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 RP Engineering Construction Company is
declared to be the lowest responsible bidder for PPW Job No. 09-11- FY 2009/10 Curb, Gutter,
and Sidewalk replacement project.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute a construction contract (Exhibit A) for said project on behalf of the Town in
an amount not to exceed $87,608.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, in an amount up to $20,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17t" day of August, 2009, 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
Exhibit A
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
"Owner") and RP Engineering Construction Company (hereinafter referred to as
"Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows:
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of PPW
Job No. 09-11 - FY 2009/10 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 (Eighty-seven thousand six-hundred seven dollars and fifty cents)
($87,607.50), 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 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 , 2009.
TOWN OF LOS GATOS, by:
CONTRACTOR, by:
RP Engineering Construction Company
Greg Larson, Town Manager
RECOMMENDED BY:
Todd Capurso
Director of Parks and Public Works
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
(Signature)
(Print Name)
(Address)
(City, State, Zip)
ATTEST:
Jackie Rose, Cleric Administrator
(Contractor's License Number
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