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2011030707 - Project 10-21 - MG Construction - 123 W. Main Street Building ImprovementsMEETING DATE: 03/07/11 ITEM NO: COUNCIL AGENDA REPORT �g 6AS0 DATE: MARCH 2, 2011 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: PPW JOB NO. 10 -21 — 123 EAST MAIN STREET BUILDING IMPROVEMENTS A. AUTHORIZE THE TOWN MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH MG CONSTRUCTORS & ENGINEERS INC. IN AN AMOUNT NOT TO EXCEED $62,654.19. B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY IN AN AMOUNT UP TO $7,000.00 C. AUTHORIZE REVENUE AND EXPENDITURE BUDGET ADJUSTMENT ESTABLISHING THE 123 EAST MAIN STREET REHABILITATION PROJECT IN THE AMOUNT OF $69,654.19 (INCLUDING CONTINGENCY), TO BE FULLY REIMBURSED TO THE TOWN BY THE LOS GATOS SARATOGA RECREATION DEPARTMENT. D. AUTHORIZE THE TOWN MANAGER TO EXECUTE A REIMBURSEMENT AGREEMENT WITH THE LOS GATOS SARATOGA RECREATION DEPARTMENT TO FULLY REIMBURSE THE TOWN FOR ALL CONSTRUCTION COSTS. RECOMMENDATIONS 1. Authorize the Town Manager to execute a construction contract with MG Constructors & Engineers Inc. in an amount not to exceed $62,654.19. 2. Authorize staff to executive future change orders to the construction contract as necessary in an amount up to $7,000.00 3. Authorize revenue and expenditure budget adjustment establishing the 123 East Main Street Rehabilitation Project in the amount of $69,654.19 (including contingency) to be fully reimbursed to the Town by the Los Gatos Saratoga Recreation Department. 4. Authorize the Town Manager to execute a reimbursement with the Los Gatos Saratoga Recreation Department to fully reimburse the Town for all construction costs. PREPARED BY : TODD CAPURSO Director of Parks and Public Works Reviewed by: J5)-Assistant Town Manager Town Attorney Clerk Administrator 7 \�,ance Community Development N:TPW\MANAGEMENT \COUNCIL \COUNCIL REPORTS\2011 Reports \March 7 \PPWIO 21 123EMainSt Bldglmprvmnls.Awardll.doex PAGE 2 MARCH 2, 2011 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 10 -21 -123 MAIN STREET BUILDING IMPROVEMENTS BACKGROUND Los Gatos Saratoga Recreation Department (LGSR) leases the property located at 123 East Main Sheet from the Town of Los Gatos, to utilize as their main office and operations building. As part of their lease agreement, and with approval from the Town, LGSR can elect to perform tenant improvements at their cost. The Town recently became aware that LGSR was considering making substantial improvements to the interior of the facility. The scope of the proposed project includes the removal and construction of new interior walls, repairs to the ceiling, new windows and doors, installation of new carpets, and painting. Due to the scope of work as well as staff experience with the public contract bid and award process, it was determined that this project should be managed by the Town of Los Gatos Department of Parks and Public Works. While the architectural design was performed by an architectural designer hired by LGSR, Town staff used the design plans to conduct the public bid process. While the contract will be managed by the Town, the building improvements will be funded by LGSR. To accomplish this, staff is proposing that the Town Council authorize the Town Manager to execute a reimbursement agreement between the Town and LGSR (separate from their lease agreement) to reimburse the Town for the full cost of the proposed building improvements. DISCUSSION For projects under a $100,000 construction cost, the Town's informal bid process allows staff to prepare a scope of work, plans and specifications, solicit bids from a minimum of three contractors, and award the contract to the lowest bidder. Staff solicited bids from four construction companies for this project. On January 5, 2011, two bids were received and the firm of TI Management Group was declared the lowest bidder for the project. On January 18, 2011, the Town Council awarded a construction contract to TI Management Group for this project. During the execution of the contract, TI Management Group informed the Town that they could not furnish construction bonds for the project as required by public bidding law. Despite efforts to resolve this issue, an acceptable resolution could not be reached and on February 7, 2011, the Town Council rejected all bids received and authorized staff to rebid the project. Staff has worked with representatives from LGSR and the project architect on refining the project scope of work and details in anticipation to rebid the project. The new bid package includes the project base bid plus five (5) add alternatives that LGSR can choose from to include in the project depending on the final bid costs. Staff using the Town informal bid process solicited new bids for the project from construction contractors and on March 2, 2011 Six (6) bids were received for the project (See Bid Sunnmary — Attachment 1). PAGE 3 MARCH 2, 2011 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 10-21-123 MAIN STREET BUILDING IMPROVEMENTS DISCUSSION (con't) Staff reviewed the bid results with LGSR representatives and it was determined that the final project that will accommodate the operational and financial needs of LGSR is the base bid plus all five (5) add - alternatives. The firm of MG Constructors & Engineers Inc. is the lowest responsible bidder for this project and has confirmed their availability and resources to perform the improvements. CONCLUSION Staff recommends that the Town Council authorize the Town Manager to execute a construction contract with MG Constructors & Engineers Inc. in an amount not to exceed $62,654.19 which includes the base bid and all five (5) add - alternatives for the project. Additionally, due to the variables associated with this particular type of construction, it is further recommended that the Town Council authorize staff to execute future change orders to the construction contract as necessary in an amount up to $7000 for additional quantities of work that may exceed those included in the original contract. Corresponding revenue and expenditure budget adjustments are also being recommended as part of their report in order to allow for the transfer of funds between the Town and LGSR. Additionally, a reimbursement agreement is being prepared for execution between the Town and LGSR for this project. Council authorization is required for the Town Manager to enter into this agreement. 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 Sufficient funds are available upon approval of the budget authorization by Town Council for the project budget of $69,654.19 (including $7000 of contingency) which is fully funded through the Reimbursement Agreement between the Town and the Los Gatos Saratoga Recreation Department. Attachments 1. Bid Swumary THIS PAGE INTENTIONALLY LEFT BLANK V tl > 5 . n s �A ag n� v o °' 9 c S 5 F' S N p Y p � 3 �y Y » a 2 y a R b R 9 °y9 an 3 c d N z s � a 9 9 H H a c� OR Tins PAGE INTENTIONALLY DEFT BLANK