2010090708 - PPW Job No. 10-02 Pageant Grounds Access Improvement Design - redwood Engineering - Award BidtpW N OF
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COUNCIL/AGENCY AGENDA REPORT
AUGUST 26, 2010
MEETING DATE: 09/07/10
ITEM NO: - ,
MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY
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FROM: GREG CARSON, TOWN MANAGER/EXECUTIVEbIRECTOR
SUBJECT: PPW JOB NO. 10-02- PAGEANT GROUNDS ACCESS IMPROVEMENT
DESIGN PROJECT 831-1201
A. AUTHORIZE THE TOWN MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH REDWOOD ENGINEERING
CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $488,888.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSTRUCTION CONTRACT AS NECESSARY IN AN
AMOUNT NOT TO EXCEED $50,000.
RECOMMENDATION:
1. Authorize the Town Manager to execute a construction contract with Redwood
Engineering in an amount not to exceed $488,888
2. Authorize staff to execute future change orders to the construction conh•act as necessary
in au amount not to exceed $50,000.
BACKGROUND:
The adopted Capital Improvement Program for FY 2010/11 - 2014/15 designates fiuiding in the
amount of $990,000 for this project. Improved access to the Pageant Grounds was identified as a
fundamental component to the development of the new Library project. The existing location of
the emergency generator and cooling tower, which serves the Civic Center, prevents the
development of the Pageant Gro\uids site as a complement to the new Library. Staff was
duetted to explore alternative locations for this essential equipment. The design and
development of this project began in March of 2010 when the Town entered into an agreement
with Alfa Tech to provide design services for this project. The design was completed in July and
the construction documents were bid in August 2010.
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PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: ` %~ ~ ssistant Town Manager/Deputy Director p ~~_.._....._.___~_,__ ..__..__ ______.
own Attorney/General Counsel Clerk Administrator/Secretary
Finance -Community Development
N:\PPW\MANAGEMENT\COiJNCIL\CO[JNCIL REPORTS\2010 Reports\Sep[ember 7\10-02 Pageant Grounds award.doc
PAGE 2
AUGUST 26, 2010
MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY
SUBJECT: PPW JOB NO. 10-02 -PAGEANT GROUNDS ACCESS SITE
IMPROVEMENTS PROJECT 831-1201
DISCUSSION:
A new location for the equipment was identified near the rear of the Civic Center adjacent to the
mechanical room. This site will require the re-use of four current employee parking spaces. A
visual and sound attenuating enclosure will also be constructed as part of this project. During the
equipment evaluation process, it was determined the useful life of the current emergency
generator has been exceeded and its generating capacity falls short of the Civic Center's current
needs. Alfa Tech was directed to recommend an appropriate emergency generator replacement
and automatic transfer switch, to be included in the project. The cooling tower and its ancillary
components will be re-used in the new location.
Staff solicited bids for this project, and on August 25~', 2010, three bids were received as follows
(see Bid Summary, Attachment 2);
• Redwood Engineering Construction $488,888
• Bogard Construction $549,000
• Therma Inc. $619,036
After review and tabulation of the bid results, staff has determined that Redwood Engineering
Construction is a responsible entity and that its bid is most responsive to the Town's formal bid
process.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a construction
contract with Redwood Engineering Construction (Attachment 1) in an amount not to exceed
$488,888. It is further recommended that the Town Council/Redevelopment Agency authorize
staff to execute future change orders to the construction contract as necessary in an amount not to
exceed $50,000.
ENVIRONMENTAL ASSESSMENT:
Funding of this project is not a project defined under CEQA, and no further action is required.
PAGE 3
AUGUST 26, 2010
MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY
SUBJECT: PPW JOB NO. 10-02 -PAGEANT GROUNDS ACCESS SITE
IMPROVEMENTS PROJECT 831-1201
FISCAL IMPACT:
There are sufficient funds available for this project as demonstrated in the table below.
~
..., _ , . . .. .. .. ..... .. .
...,. ...,.,_, ~ ,._ -_, _ ti _ _. . -.
ExpendecP Proposed -
FY2009/10 Encumbered Remaining FY 2010/11 Contract Aiailable-,
FY 2010/11 Budget To Date Carry EonYnrd Budget Amount `Balance
411-831-1201 $ - $ - $ - $ 925,000 $ 509,601 $" ,415,399`,
911-831-1201 65,000 35,712 29,288 29,288. 29,288
TOTALS $ 65,000
__ $ 954,288 $ 538,889 ~~~
p$ 415,399,`
TOTALIXPIND~T~7RI~SB~'C
1T'EGO~tY i
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_ .. ... .,.. _ ._
,.. , ,w,
Coustroctian $ 488,889
TOTALS
AttaChnlentS:
538,889
L Construction contract with Redwood Engineering Construction
2. Bid Summary
TATS PAGE
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Attachment 1
CONTRACT
This Agreement is dated for identification this 7th day of September, 2010, and is made
by and between the TOWN OF LOS GATOS, a California municipal corporation, whose
address is 110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and
REDWOOD ENGINEERING CONSTRUCTION, whose address is 2336 EI Camino Real,
Redwood City, CA 94063 (hereinafter "CONTRACTOR").
NOW, THEREFORE, the parties agree:
ARTICE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT.
That for and in consideration of the payments and agreements hereinafter mentioned, to
be made and performed by the said TOWN, and under the conditions expressed in the two bonds
hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost
and expense, to do all the work and furnish all the materials and equipment necessary to
construct and complete, in accordance with the plans and specifications hereinafter mentioned, in
a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or his
representative, of the. TOWN OF LOS GATOS, California, all the works and improvements
described, mentioned and set forth in those plans and specifications on file in the Office of the
Parks and Public Works Department of said TOWN, entitled:
"Plans and Specifications for
Town Project #10-02 Pageant Grounds Access Site Improvements"
which said plans and specifications and all the documents therein contained, including the
TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such
reference made part of this contract.
ARTICLE IL• CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exhibit "A," which is
attached hereto and incorporated by reference herewith, as full compensation for furnishing all
materials and equipment and for doing all the work described in the contract documents; also for
all loss or damage as provided in the contract documents in the prosecution of the work until its
acceptance by the Town Council of the TOWN OF LOS GATOS, and for well and faithfully
completing the work, and the whole thereof, in the manner and according to the contract
documents, plans and specifications, and the requirements of the Town Engineer. The TOWN
shall pay the CONTRACTOR (Four Hundred Eighty Eight Thousand Eight Hundred Eighty
Eight Dollars) $488,888 which shall supersede any other amount specified in the Contract
Documents.
ARTICLE III: ACCEPTANCE BY TOWN
The said TOWN hereby promises and agrees with the said CONTRACTOR to employ,
and does hereby employ the said CONTRACTOR to provide the materials and to do the work
according to the terms and conditions herein contained and referred to, for the prices aforesaid,
and hereby contracts to pay the same at the time, in the manner and upon the conditions above
set forth; and the said parties for themselves their heirs, executors, administrators, successors and
assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Section B:3 of the TOWN's Bid Form and which are hereby made a
part of this contract. Inasmuch as the work called for under this contract concerns a needed
public improvement, the time of performance and completion of this work is of the essence of
this contract. It is expressly understood and agreed by the parties hereto that all the work called
for under this contract, in all its parts and requirements, shall be completed in 150 calendar days.
ARTICLE V: HOURS OF LABOR
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25)
for each workman employed in the execution of the contract by him or by any subcontractor for
each calendar day during which any workman is required or permitted to labor more than eight
(8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and
all amendments thereto.
ARTICLE VI: APPRENTICES
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor
Code governing the employment of apprentices by the CONTRACTOR or any subcontractor
under him. CONTRACTOR and any of his subcontractors shall comply with the requirements
of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance
with the said sections regardless of any other contractual or employment relationships alleged to
exist.
Information relative to apprenticeship standards and other requirements may be obtained
from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San
Francisco, California or from the Division of Apprenticeship Standards at its branch offices.
ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR subrecipient or subcontractor shall not discriminate on the basis.of
race, color, national origin or sex in the performance of this contract. CONTRACTOR shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts.
Failure by CONTRACTOR to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as recipient
deems appropriate.
ARTICLE VIH: INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR is an independent contractor, and all persons working
for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and
employees, and said persons shall not be deemed agents, servants or employees of TOWN.
ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS
CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics,
writings, recordings and other tangible materials regardless of form or format, including, without
limitation, electronically transmitted documents and ACAD files, and other collateral materials
collected, compiled, drafted, prepared, produced and/or generated in the performance of this
Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such
documents to TOWN upon TOWN's request. In the event that this Agreement is terminated
prior to completion of the scope of work, CONTRACTOR shall provide all such data and
documents to TOWN forthwith.
ARTICLE X: INSURANCE
a. Commercial General Liability/Automobile Liability Insurance:
CONTRACTOR shall obtain and maintain Commercial General Liability
insurance and Automobile Liability insurance in the amount of One Million Dollars ($1,000,000)
per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply
separately to this contract or the general aggregate limit shall be twice the required occurrence
limit. CONTRACTOR'S insurance coverage shall be written on an occurrence basis.
b. Workers' Compensation Insurance:
CONTRACTOR shall obtain and maintain statutory Workers'
Compensation insurance and Employer's Liability insurance in the amount of One Million
Dollars ($1,000,000) per accident.
CONTRACTOR is familiar with the Workers' Compensation laws of
California (generally contained in Section 3700 of the Labor Code), including those provisions
which provide for specific exemptions from the requirement that all employers must carry
Workers' Compensation insurance, and CONTRACTOR maintains they are exempted under the
law from the requirement to maintain Workers' Compensation insurance coverage.
In addition, during the term of any work for TOWN under said agreement: (1) CONTRACTOR
will not employ any person in any manner so as to become subject to the Workers'
Compensation laws of California, or (2) should CONTRACTOR become subject to the Workers'
Compensation provisions of Section 3700 of the Labor Code for any reason,
CONTRACTOR shall forthwith comply with those provisions and send evidence of financial
compliance to TOWN.
c. Acceptability of Insurers: Insurance is to be placed with insurers with a current
Best Rating of A:VII unless otherwise acceptable to TOWN.
d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall
be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be
received and approved by TOWN before work commences, and insurance must be in effect for
the duration of the contract. The absence of insurance or a reduction of stated limits shall cause
all work on the project to cease. Any delays shall not increase costs to TOWN or increase the
duration of the project.
e. Other Insurance Provisions:
(1) The TOWN OF LOS GATOS, its officers, officials, employees and
volunteers are to be covered as additional insured by Endorsement CG 20 10 11 85 or other
endorsement approved by Town Attorney for Commercial General and Automobile Liability
coverage..
(2) For any claims related to this project, CONTRACTOR'S insurance
coverage shall be primary and any insurance or self-insurance maintained by TOWN, its officers,
officials, employees and volunteers shall not contribute to it.
(3) Each insurance policy required shall be endorsed that a thirty (30) day
notice be given to TOWN in the event of cancellation or modification to the stipulated insurance
coverage.
(4) In the event CONTRACTOR employs subcontractors as part of the
work covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that
all subcontractors comply with the same insurance requirements that are stated in this
Agreement.
(5) Approval of the insurance by TOWN or acceptance of the
Certificate of Insurance by TOWN shall not relieve or decrease the extent to which
CONTRACTOR may be held responsible for payment of damages resulting from
CONTRACTOR'S services or operation pursuant. to this Agreement, nor shall it be deemed a
waiver of TOWN'S rights to insurance coverage hereunder.
(6) If, for any reason, CONTRACTOR fails to maintain insurance
coverage that is required pursuant to this contract, the same shall be deemed a material breach of
contract. TOWN, at its sole option, may terminate this contract and obtain damages from
CONTRACTOR resulting from said breach. Alternately, TOWN may purchase such required
insurance coverage, and without further notice to CONTRACTOR, TOWN may deduct from
sums due to CONTRACTOR any premium costs advanced by TOWN for such insurance.
ARTICLE XI: HOLD HARMLESS
CONTRACTOR hereby agrees to and shall hold TOWN, its elective and appointive
boards, commissions, officers, agents, registered volunteers, and employees harmless from any
liability for damage or claims for damage for personal injury, including death, as well as from
claims for property damage and any other claims of any sort whatsoever, including, but not
limited to, any liabilities, claims, losses, or expenses in any manner caused by, arising out of, or
in connection with, either directly or indirectly, the construction or installation of the work, the
guarding of the work, the use of improper materials in construction of the work, or the negligent,
willful, or intentional acts or omissions by CONTRACTOR or CONTRACTOR'S subcontractors,
agents, or employee operations under this Agreement, whether such operations by
CONTRACTOR or by any of CONTRACTOR'S subcontractors, or by any one or more persons
directly or indirectly employed by, or acting as agent for CONTRACTOR or any of
CONTRACTOR'S subcontractors during the progress of the work or at any time before its
completion and final acceptance, excepting suits and actions brought by the CONTRACTOR for
default of this Agreement or arising from the sole active negligence or willful misconduct of the
TOWN. The Town Council may retain so much of the money due to the CONTRACTOR as
shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits
or claims for damages as aforesaid.
CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option
of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney)
and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, and
employees from any suits or actions at law or in equity arising out of the execution, adoption or
implementation of this Agreement (exclusive of any such actions brought by CONTRACTOR),
such indemnification to include all costs of defense, judgments, and any awards of attorneys'
fees.
Should any accident or incident causing death, personal injury or property damage occur
between the date CONTRACTOR is notified that its General Liability and/or Workers
Compensation Insurance is canceled and the effective date of such cancellation,
CONTRACTOR'S obligation to indemnify, defend and save harmless the TOWN, as provided
for hereinabove, shall in no manner be affected by the fact that the TOWN had not received the
notice of cancellation prior to the date of such accident or incident.
ARTICLE XII: BONDING REQUIREMENT
CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for
Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by
the TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds
for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial
Management Service and shall be listed on the most current Treasury Circular 570 as contained
in the Federal Register.
ARTICLE XIII: MAINTENANCE AND GUARANTY
CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may
determine, any finished product in which defects of materials or workmanship may appear or to
which damage may occur because of such defects, during a one (1) year period subsequent to the
date of final acceptance.
This article does not in any way limit the guaranty on any items for which a longer
guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period,
nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied
warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty
certificates upon completion of the project.
ARTICLE XIV: SHORING FOR
If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or
greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of
the Labor Code shall also be applicable.
ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES
This Agreement shall be construed and enforced pursuant to the laws of the State of
California. Should any legal action be brought by a parry for breach of this Agreement or to
enforce any provision herein, the prevailing parry of such action shall be entitled to reasonable
attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable
attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on
comparable fees of private attorneys practicing in Santa Clara County.
ARTICLE XVI: INTERPRETATION OF CONTRACT
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR,
then this instrument shall control and nothing herein shall be considered as an acceptance of the
said terms of said proposal conflicting herewith.
ARTICLE XVII: AMENDMENTS AND CHANGE ORDERS
This Agreement may be amended from time to time as necessary by formal and written
amendment or authorized change order executed by the Town Manager or designee and principal
acting on behalf of the CONTRACTOR.
ARTICLE XVIII: DBE RESPONSIBILITIES
For projects that are State or Federal funding; With respect to Disadvantaged Business
Enterprises, CONTRACTOR shall do the following:
(1) Pay each subcontractor under this prime contract for satisfactory performance of
its contract no later than ten (10) days from the receipt of each payment the prime contractor
receives from TOWN. Any delay or postponement of payment from the above-referenced time
frame may occur only for good cause following written approval of TOWN. This clause applies
to both DBE and non-DBE subcontractors.
(2) Release all retainage owed to a subcontractor for satisfactory completion of the
accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or
postponement of payment from the above-referenced time frame may occur only for good cause
following written approval of TOWN. This clause applies to both DBE and non-DBE
subcontractors.
ARTICLE XIX: PREVAILING WAGES
Reference is hereby made to copies of the general rate of per diem wages as determined
by the Director of the Department of Industrial Relations on file in the Department of Parks and
Public Works, TOWN OF LOS GATOS, Town Hall, which are available to any interested party.
For failure to pay the prevailing wages, the CONTRACTOR shall forfeit, as a penalty, to
the TOWN, Fifty Dollars ($50) for each workman for each calendar day or portion thereof who
is paid less than the stipulated prevailing wage for work done under this contract, in violation of
the provisions of the Labor Code, Sections 1770 to 1780, inclusive. In addition to said penalty,
the CONTRACTOR, or subcontractor, shall pay to each worker the difference between the
prevailing wage and the amount paid to said worker for each calendar day for which said worker
was paid less then the prevailing wage.
CONTRACTOR shall comply with the provisions of the Davis-Bacon Act, as amended
(40 USC 276a-376a-5), and related requirements as certified in CONTRACTOR's bid proposal.
ARTICLE XX: ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to the
subject matter herein. There are no representations, agreements or understandings (whether oral
or written) between or among the parties relating to the subject matter of this Agreement which
are not fully expressed herein.
ARTICLE XXI: PUBLIC RECORDS
The parties recognize and acknowledge that TOWN is subject to the California Public
Records Act, California Government Code Section 6250 and following. Public records are
subject to disclosure.
ARTICLE XXII: NOTICES
Any notice required to be given to CONTRACTOR shall be deemed to be duly and
properly given if mailed to CONTRACTOR, postage prepaid, addressed to:
REDWOOD ENGINEERING CONSTRUCTION
2336 El Camino Real
Redwood City, CA 94063
or personally delivered to CONTRACTOR at such address or at such other addresses as
CONTRACTOR may designate in writing to TOWN.
Any notice required to be given TOWN shall be deemed to be duly and properly given if
mailed to TOWN, postage prepaid, addressed to:
TOWN OF LOS GATOS
Bruce Smith, Capital Projects Manager
41 Miles Avenue
Los Gatos, CA 95030
or personally delivered to TOWN at such address or at such other addresses as TOWN may
designate in writing to CONTRACTOR.
ARTICLE XXIII: SECTION 7106 FORM
Attached to the Agreement is a fully executed and sworn non-collusion affidavit as
required by Section 7106 of the Califomia Public Contracts Code. Said affidavit is incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date first written above.
APPROVED AS TO CONTENT:
TOWN OF LOS GATOS by:
REDWOOD ENGINEERING
CONSTRUCTION by:
Greg Larson, Town Manager
Recommended by:
Todd Capurso, Director
Parks and Public Works
APPROVED AS TO FORM:
Michael Martello, Interim Town Attorney
Attest:
(Print Name)
Address:
Tax ID No. or SSAN:
(Signature)
(Title)
Jackie Rose, Clerk Administrator Corporate Seal
ATTACHMENT 2
TOWN OF LOS GATOS
CLERK DEPARTMENT
BID SUMMARY
PROJECT: PROJECT 10-02 Pageant Grounds Access Site Improvements Project
DATE: August 25, 2010 TIIviE: 10:00 A.M. BY; Jackie Rose
Redwood Engineering Construction
2336 El Camino Real Lowest Responsible $488,888..00
Redwood City, CA 94063 Bidder
Ben Cerney 925-819-2960
Bogard Construction
350 A Coral Street Second $549,000.00
Santa Cruz, CA 95060
Neil Buxxow 831-426-8191
ATTEST:
.DATE: f) ' ~ S ((~
Summary.wpd
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