2009122109MEETING DATE: 12/21/09
ITEM NO
COUNCIL AGENDA REPORT
DATE: DECEMBER 9, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 04-68 — ROBERTS ROAD BRIDGE RECONSTRUCTION
PROJECT - CONSTRUCTION MANAGEMENT SERVICES
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
GHIRARDELLI ASSOCIATES INC. TO PROVIDE CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES IN AN AMOUNT NOT TO
EXCEED $270,888.
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager to execute a Professional
Services Agreement (Exhibit A) with Ghirardelli Associates Inc. to provide construction
management and inspection services in an amount not to exceed $270,888.
BACKGROUND:
The Roberts Road Reconstruction Project will construct a new single span bridge on Roberts
Road, along with other roadway and utility improvements funded by grants from a Caltrans
Highway Bridge Replacement program and a Rehabilitation Program.
DISCUSSION:
Federally funded projects such as Roberts Road Bridge mandate complex requirements with
regard to construction management and inspection services. In order to accommodate these
requirements, and due to the fact the Town does not have in-house resources, proposals were
solicited for construction management and inspection services based on Caltrans' specific
guidelines.
Two consulting firms responded and submitted proposals for providing construction
management and inspection services for the Roberts Road Bridge Reconstruction project. Staff
reviewed the proposals and determined the consulting firms of Ghirardelli Associates, Inc. and
Harris Associates Inc. met the basic qualifications for the project and were consequently invited
to interview with staff.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Assistant Town Manager _\i/__ Town Attorney
Clerk Administrator inance Community Development
o
N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2009 reports\December 21\04-68.roberts.road.bridge.construction.mgmt.agr.doc
PAGE 2
DECEMBER 10, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 04-68 — ROBERTS ROAD BRIDGE RECONSTRUCTION
PROJECT — CONSTRUCTION MANAGEMENT SERVICES
DISCUSSION (cont'd):
After the interviews were held, which included confirmation of each firm's ability and
qualifications for this particular project, staff requested and received cost proposals from each
firm as follows:
• Ghirardelli Associates Inc. $270,888
• Harris Associates Inc. $277,160
The attached proposal and scope of work from Ghirardelli Associates Inc. is attached as (Exhibit
B). Ghirardelli Associates Inc. was determined to be the most qualified and cost effective firm
for this project.
CONCLUSION:
Staff recommends the Town Council adopt a Resolution authorizing the Town Manager to
execute an Agreement with Ghirardelli Associates Inc. to provide construction management and
inspection services for the Roberts Road Bridge Reconstruction project.
ENVIRONMENTAL ASSESSMENT:
This project is Categorically Exempt pursuant to Sections 15301 (c), and 15303 (e), and 15304
(b) of the State CEQA guidelines.
FISCAL IMPACT:
There are sufficient funds available for this project as demonstrated in the table below.
ROBERTS'ROAVBRIDGE RECONSTRUCTIONDROJECT:
Adjusted FY 2009/10 Proposed
Project Budget Project Prior Yrs. FY 2009/10 Expended/Enc Contract Committed Available
FY 2009/10 Fiscal Impact Budget Adjustment Budget Expenditures Budget To Date Amount Funds Balance
411-818-0802 $ 295,720 $ 150,000 $ 445,720 $ 4,516 $ 441,204 $ 5,151 $ 31,152 $ 289,884 $ 115,017
421-818-0802 1,881,600 1,385,150 3,266,750 408,515 2,858,235 29,851 239,736 2,230,845 357,803
TOTALS $ 2,177,320 $ 1,535,150 $ 3,712,470 $ 413,031 $ 3,299,439 $ 35,002 $ 270,888 $ 2,520,729 $ 472,820
:TOTAL EXPENDITCiRES BY CATEGORY
Staff Labor
Materials
Engineering/Design
Construction
Construction Management
Construction Support
1,080
4,071
29,851
270,888
2,375,429
145,300
TOTALS
Attachments:
$ 35,002 $ 270,888 $ 2,520,729
1. Resolution authorizing Town Manager to execute a professional services agreement with
Ghirardelli Associates Inc.
(Exhibit A) Agreement
(Exhibit B) Proposal
Attachment 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
GHIRARDELLI ASSOCIATES INC.
TO PROVIDE CONSTRUCTION MANAGEMENT
AND INSPECTION SERVICES FOR
PPW JOB NO. 04-68 — ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT
WHEREAS, the 2009/10 Capital Improvement Program budget includes funding
for the for PPW Job No.04-68 Roberts Road Bridge Reconstruction Project — Construction
Management Services; and
WHEREAS, proposals were sought in conformance with State and Town
Law for the Roberts Road Bridge Reconstruction project construction management services; and
WHEREAS, it is necessary for the Town Council to secure professional services
to provide engineering construction management and inspection services for the Roberts Road
Bridge Reconstruction project; and
WHEREAS, the Town Council has selected the firm of Ghirardelli Associates
Inc. to provide the necessary professional services for construction management and inspection
services for the Roberts Road Bridge Reconstruction project.
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town
of Los Gatos hereby approves the attached Agreement (Exhibit A) with Ghirardelli Associates
Inc. to provide construction management and inspection services in connection with the Roberts
Road Bridge Reconstruction project at a cost not to exceed $270,888.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized
and directed to execute said agreement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 2ISt day of December, 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
PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
THIS AGREEMENT is entered into this day of , 2009, by and
between the Town of Los Gatos, State of California, herein called the "Town", and Ghirardelli
Associates Inc., engaged in providing Construction Management and Inspection Services herein
called the "Consultant".
RECITALS
A. The Town is considering undertaking activities in connection with PPW Job No. 04-68
Roberts Road Bridge Reconstruction Project.
B. The Town desires to engage a professional consultant to provide construction
management and inspection services in conjunction with the Roberts Road Bridge
Reconstruction project, because of Consultant's experience and qualifications to perform
the desired work.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
i. Scope of Services. The Consultant shall provide construction and inspection
services as outlined in the attached proposal.
ii. Time of Performance. The services of the Consultant are to commence
upon the execution of this Agreement and issuance of a Town purchase
order, with completion of the project by December, 2010.
iii. Compliance with Laws. The Consultant shall comply with all applicable
laws, codes, ordinances, and regulations of governing federal, state and local
laws. Consultant represents and warrants to Town that it has all licenses,
permits, qualifications and approvals of whatsoever nature which are legally
required for Consultant to practice its profession. Consultant represents and
warrants to Town that Consultant shall, at its sole cost and expense, keep in
effect or obtain at all times during the term of this Agreement any licenses,
permits, and approvals which are legally required for Consultant to practice
its profession. Consultant shall maintain a Town of Los Gatos business
license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
iv. Sole Responsibility. Consultant shall be responsible for employing or
engaging all persons necessary to perform the services under this
Agreement.
v.
Information/Report Handling. All documents furnished to Consultant
by the Town and all reports and supportive data prepared by the
Consultant under this Agreement are the Town's property and shall be
delivered to the Town upon the completion of Consultant's services or
at the Town's written request. All reports, information, data, and
exhibits prepared or assembled by Consultant in connection with the
performance of its services pursuant to this Agreement are confidential
until released by the Town to the public, and the Consultant shall not
make any of the these documents or information available to any
individual or organization not employed by the Consultant or the
Town without the written consent of the Town before such release.
The Town acknowledges that the reports to be prepared by the
Consultant pursuant to this Agreement are for the purpose of
evaluating a defined project, and Town's use of the information
contained in the reports prepared by the Consultant in connection with
other projects shall be solely at Town's risk, unless Consultant
expressly consents to such use in writing. Town further agrees that it
will not appropriate any methodology or technique of Consultant
which is and has been confirmed in writing by Consultant to be a trade
secret of Consultant.
vi. Compensation. Compensation for Consultant's professional services
shall not exceed (two -hundred -seventy thousand eight -hundred eighty-
eight dollars) $270,888, and payment shall be based upon Town
approval of each monthly invoice and progression of the work.
Billing shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or
draft form.
Payment shall be net thirty (30) days.
All invoices and statements to the Town shall reference the Town's purchase order
number and be addressed as follows:
Invoices: Statements:
Town of Los Gatos Town of Los Gatos
Attn: Accounts Payable Attn: Finance Department
P.O. Box 655 P.O. Box 655
Los Gatos, CA 95031 Los Gatos, CA 95031
vii. Availability of Records. Consultant shall maintain the records
supporting this billing for not less than three years following
completion of the work under this Agreement. Consultant shall make
these records available to authorized personnel of the Town at the
Consultant's offices during business hours upon written request of the
Town.
viii Project Manager. The Project Manager for the Consultant for the work
under this Agreement shall be Randall Bruner.
ix. Assignability and Subcontracting. The services to be performed under
this Agreement are unique and personal to the Consultant. No portion
of these services shall be assigned or subcontracted without the written
consent of the Town.
x. Notices. Any notice required to be given shall be deemed to be duly
and properly given if mailed postage prepaid, and addressed to:
To Town: To Consultant:
Todd Capurso, Director
Town of Los Gatos Parks & Public Works
41 Miles Avenue
Los Gatos, CA 95031
or personally delivered to Consultant to
Consultant designates in writing to Town.
Randall Bruner, VP
Ghirardelli Associates Inc.
2375 Zanker Road, Suite 235
San Jose, CA 95131
such address or such other address as
xi. Independent Contractor. It is understood that the Consultant, in the
performance of the work and services agreed to be performed, shall act
as and be an independent contractor and not an agent or employee of
the Town. As an independent contractor he/she shall not obtain any
rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Consultant may perform
some obligations under this Agreement by subcontracting, but may not
delegate ultimate responsibility for performance or assign or transfer
interests under this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Consultant shall be compensated for its
costs and expenses in preparing for, traveling to, and testifying in such matters at its
then current hourly rates of compensation, unless such litigation is brought by
Consultant or is based on allegations of Consultant's negligent performance or
wrongdoing.
xii. Conflict of Interest. Consultant understands that its professional
responsibilities are solely to the Town. The Consultant has and shall
not obtain any holding or interest within the Town of Los Gatos.
Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives
nor shall it enter into any such holdings or agreements. In addition,
Consultant warrants that it does not presently and shall not acquire any
direct or indirect interest adverse to those of the Town in the subject of
this Agreement, and it shall immediately disassociate itself from such
an interest should it discover it has done so and shall, at the Town's
sole discretion, divest itself of such interest. Consultant shall not
knowingly and shall take reasonable steps to ensure that it does not
employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it
has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement, Consultant shall
promptly notify Town of this employment relationship, and shall, at
the Town's sole discretion, sever any such employment relationship.
xiii. Equal Employment Opportunity. Consultant warrants that it is an
equal opportunity employer and shall comply with applicable
regulations governing equal employment opportunity. Neither
Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the
basis of age, sex, color, race, marital status, sexual orientation,
ancestry, physical or mental disability, national origin, religion, or
medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing
Act.
xiv. Insurance.
A. Minimum Scope of Insurance:
i.
Consultant agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and
his/her firm to an amount not less than: one million dollars
($1,000,000) combined single limit per occurrence for bodily injury,
personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract,
an Automobile Liability insurance policy ensuring him/her and his/her
staff to an amount not less than one million dollars ($1,000,000)
combined single limit per accident for bodily injury and property
damage.
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the
contract, professional liability insurance in amounts not less than
$1,000,000 which is sufficient to insure Consultant for professional
errors or omissions in the performance of the particular scope of work
under this agreement.
B. General Liability:
i.
The Town, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of Consultant, premises owned or used by the Consultant.
This requirement does not apply to the professional liability insurance
required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers.
Any insurance or self -insurances maintained by the Town, its officers,
officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the Town, its officers, officials,
employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to state
that coverage shall not be suspended, voided, cancelled, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the Town. Current certification of such
insurance shall be kept on file at all tunes during the term of this agreement with the
Clerk Administrator.
D. In addition to these policies, Consultant shall have and maintain Workers'
Compensation insurance as required by California law and shall provide evidence of
such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
XV .
xvi.
Indemnification. The Consultant shall save, keep and hold harmless
indemnify and defend the Town its officers, agent, employees and
volunteers from all damages, liabilities, penalties, costs, or expenses in
law or equity that may at any time arise or be set up because of
damages to property or personal injury received by reason of, or in the
course of performing work which may be occasioned by a willful or
negligent act or omissions of the Consultant, or any of the Consultant's
officers, employees, or agents or any subconsultant.
Waiver. No failure on the part of either party to exercise any right or
remedy hereunder shall operate as a waiver of any other right or
remedy that party may have hereunder, nor does waiver of a breach or
default under this Agreement constitute a continuing waiver of a
subsequent breach of the same or any other provision of this
Agreement.
xvii. Governing Law. This Agreement, regardless of where executed, shall
be governed by and construed to the laws of the State of California.
Venue for any action regarding this Agreement shall be in the Superior
Court of the County of Santa Clara.
xviii. Termination of Agreement. The Town and the Consultant shall have
the right to terminate this agreement with or without cause by giving
not less than 15 days written notice of termination. In the event of
termination, the Consultant shall deliver to the Town all plans, files,
documents and reports performed to date by the Consultant. In the
event of such termination, Town shall pay Consultant an amount that
bears the same ratio to the maximum contract price as the work
delivered to the Town bears to completed services contemplated under
this Agreement pursuant to (Exhibit A) hereto, unless such termination
is made for cause, in which event, compensation, if any, shall be
adjusted in light of the particular facts and circumstances involved in
such termination.
xx.
Amendment. No modification, waiver, mutual termination, or
amendment of this Agreement is effective unless made in writing and
signed by the Town and the Consultant.
Disputes. In any dispute over any aspect of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees,
including costs of appeal.
xxi. Entire Agreement. This Agreement (Exhibit A), including (Exhibit B)
attached hereto, constitutes the complete and exclusive statement of
the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary
this Agreement, unless hereafter made in writing and signed by the
party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as
of the date indicated on page one (1).
Town of Los Gatos, by: Ghirardelli Associates Inc., by:
Greg Larson, Town Manager (Signature)
Recommended by: (Print Name)
Todd Capurso (Address)
Director of Parks and Public Works
Approved as to Form:
Orry P. Korb, Town Attorney
ATTEST:
Jackie Rose, Clerk Administrator
GShir ardelli
December 16, 2009
Mr. Kevin Rohani, P.E.
Town Engineer
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95031
Dear Mr. Rohani,
Ghirardelli Associates Inc. is pleased to submit our cost proposal to provide
construction management services to the Town of Los Gatos for the Roberts
Road Bridge Reconstruction Project.
The following is a detailed scope of services that the Ghirardelli Associates team
will provide under this contract:
• Perform all Resident Engineer inspection, testing, and contract
administration functions as required by Caltrans and Town Standard
Specifications, the Project Special Provisions, and Caltrans Local Program
Manual and Caltrans Construction Manual.
• Act as project coordinator and point of contact for all communications
between the contractor,
the construction surveyor, designer, Caltrans and the Town.
• Conduct a pre -construction conference
• Review and monitor the contractor's construction schedule. Record the
progress of construction activity throughout the course of the work.
• Work and coordinate with the design engineer to resolve problems that
may arise during the course of construction.
• Evaluate, negotiate and prepare change orders cts required.
• Coordinate and conduct shop drawing reviews and RFIs with the
contractor and the design engineer.
• Coordinate and review control staking and surveying with the contractor's
construction survey firm.
• Prepare monthly progress payments and separate payment requests for
those items which are being funded from unique sources,
• Coordinate with utility companies regarding any required relocations.
• Identify and negotiate potential claims.
• Conduct regular coordination and safety meetings, including preparation
of the agenda and minutes, to insure the work progresses as scheduled.
2375 Tanker Road, Suite 235 + San Jose, California 95131
Ghirardelli
ASSOCIATES
• Develop and maintain construction document files.
• Perform all field inspection activities.
• Perform materials testing to verify compliance with contract documents.
• Obtain concurrence with the contractor for the weekly statement of
working days.
• Coordinate with the Town Public Works Project Manager regarding detours,
staging and project status.
• Collect and furnish as -built information to the designer for preparation of as -
built drawings.
• Prepare all construction reports during the course of the work to the project
completion level. Prepare final construction report and conduct final
inspection/walkthrough.
• Submit all records and documents to the Town upon final completion of the
project.
The attached spreadsheet provides a detailed breakdown of our proposed cost
of $270,888.00, including the hourly rates of our staff and a summary of hours to
be worked for each phase of the project.
We look forward to working with you on this exciting project. Please contact me
at (408) 930-3410 or at randy@ghirardelliassoc.com with any assistance you may
need in preparing the contract.
Singly,
1
andall Bruner, P.E.
Executive Vice President
..2-
EXHIBIT B
Town of Los Gatos
COST PROPOSAL
Roberts Road Bridge Replacement Protect
® Ghirardelli
ASSOCIATES
Ghirardelli Associates, Inc.
2375 Zanker Road, Suite 235
San Jose, CA 95131
(408) 435-5503
Preconstruction
Name/Classification Hourly Rate
Total Hours (2)
Amount
Randy Bruner, P.E.
Principal In Charge
No Charge
As Needed
No Charge
Charlie Krueger, P.E.
Project Manager/
Resident Engineer
$139.00
20
$ 2,780.00
Andy Bodo, E.I.T.
Assistant Resident Engineer ill$108.00
8
$ 864.00
Sub -Total
$ 3,644.00
Construction Phase
Name/Classification Hourly Rate
Total Hours (2)
Amount
Randy Bruner, P.E.
Principal In Charge
No Charge
As Needed
No Charge
Charlie Krueger, P.E.
Project Manager/
Resident Engineer
$139.00
800
$ 111,200.00
Andy Bodo, E.I.T.
Assistant Resident Engineer t'l
$108.00
1300
$ 140,400.00
Sub -Total
$ 251,600.00
Project Closeout
Name/Classification Hourly Rate
Total Hours (2)
Amount
Randy Bruner, P.E.
Principal In Charge
No Charge
As Needed
No Charge
Charlie Krueger, P.E.
Project Manager/
Resident Engineer
$139.00
20
$ 2,780.00
Andy Bodo, E.I.T.
Assistant Resident Engineer t'i
$108.00
8
$ 864.00
Sub -Total
$ 3,644.00
DIRECT COSTS
Materials Testing
As -Needed
$ 12,000.00
Sub -Total
$ 12,000.00
Total
$ 270,888.00
NOTES:
(1) Subject to Prevailing Wages
(2) Estimated Project Duration of 11 months which includes pre -construction and post -construction activities.
(3) Hourly rates include cost of vehicles, computers, cell phones and misc hand tools
14
Signature
/-Z /7/Y7
Date