09 Staff Report - Equipment Installation Civic Center Chiller/Cooler~o ~N o,MEETING DATE: 8/7/06
ITEM NO:
Ck
5 COUNCIL AGENDA REPORT
~g GASO
DATE: AUGUST 14, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: PROJECT 04-64 - INSTALLATION OF EQUIPMENT FOR THE CIVIC
- - - - - -CENTER -CHILLER/COOLING TOWER REPLACEMENT------ -
ADOPT RESOLUTION ACCEPTING WORK OF THERMA CORPORATION
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY THE CLERK ADMINISTRATOR
RECOMMENDATION:
Adopt resolution accepting work of Therma Corporation and authorizing the Town Manager to
execute Certificate of Acceptance and Notice of Completion for recording by the Clerk
Administrator.
BACKGROUND:
The project involved the installation of the replacement, Chiller and Cooling Tower purchased by
the Town under the Federal GSA purchase program. The project also included the removal and
replacement of the existing main air handling unit, domestic hot water storage tank, associated
asbestos, abatement, and the removal of inoperative and unused H.V.A.C. components.
DISCUSSION:
On January 17, 2006, the Town Council awarded the contract for this work to Therma
Corporation as the lowest responsible bidder. The start of the actual installation of equipment
was significantly delayed due to lead time for the contractor to acquire contractor supplied
components and the discovery of additional asbestos abatement. On July 14, 2006, the project
was substantially completed. The replacement of these key components of the H.V.A.C. system
and the addition of a modern computerized building control system will result in immediate
savings on both electric and natural gas energy, and result in long and reliable service from the
system. The execution and recordation of the Certificate of Acceptance is now required to
finalize the,Town's acceptance of the project.
PREPARED BY: JOHN E. CURTIS
Director of Parks an blic Works
N:\B&E\CNCLRPTS\04-64.installation of equip.c.c. chiller-cooling towencert
Reviewed by: PS~_Assistant Town Manager 01 Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT 04-64 - INSTALLATION OF EQUIPMENT FOR THE CIVIC
CENTER CHILLER/COOLING TOWER REPLACEMENT
AUGUST.14, 2006
The contracted work has been completed by Therma Corporation and is accepted by the Parks
and Public Works Department. 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. Staff recommends that the Certificate of Acceptance and
Notice of Completion be executed and recorded.
CONCLUSION:
___Staffxecommends that CounciLapprove_the_Certificate-ofAcceptance_and-Notice_o-f-Completion--
for recording by the Clerk Administrator.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301(c). A
Notice of Exemption will/will not be filed.
FISCAL IMPACT.
The FY 2005-06 Building Maintenance Program budget provides funding for the Civic Center
Chiller Replacement Project, (account # 6695-84553), in the amount of $495,867. The entire
project was completed for $495,298, within the revised budget, as described in the following
chart:
CIVIC CENTER CHILLING COOLER TOWER REPLACEMENT
FY 2005-06
Account 6695-84553
Expended/
Budget Encumbered Remaining
Funding To Date Balance
495,867 495,298 569
TOTALS
495,867 495,298 569
TOTAL EXPENDITURES BY CATEGORY:
Advertising & Blueprints
1,059
Equipment
104,346
Engineering Design
30,900
Consultation Services
4,184
Construction/Services
354,809
TOTALS
Attachments:
495,298
Resolution accepting work of Therma Corporation (with Exhibit A) Certificate of Acceptance
and Notice of Completion.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF.THE TOWN OF LOS GATOS
ACCEPTING WORK OF THERMA CORPORATION
FOR PROJECT 04-64 - INSTALLATION OF EQUIPMENT FOR THE CHILLER/COOLING
TOWER REPLACEMENT IMPROVEMENTS AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY CLERK ADMINISTRATOR
- - -WHEREAS,-on January-17,-2006,-the-Town-Manager-awarded-the-contract-for-this work----
to Therma Corporation, as the lowest responsible bidder; and
WHEREAS, on January 17, 2006 the Town Council authorized staff to issue change
orders to the construction contract up to an amount of $30,000.
WHEREAS, Therma Corporation substantially completed the project in conformance
with the Town's informal bid process and pursuant to Council approval; and
WHEREAS, ten percent of the performance bond provided by Therma Corporation shall
remain in place for two years until August 21, 2008 to guarantee the work; and
WHEREAS, the work on Project 04-64 - Installation of Equipment for the
Chiller/Cooling Tower Replacement 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 21st day of August, 2006 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
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
PROJECT 04-64 - INSTALLATION OF EQUIPMENT FOR THE CHILLER/COOLING
TOWER REPLACEMENT IMPROVEMENTS
TO WHOM IT MAY CONCERN:
We do hereby certify that Therma Corporation substantially completed the work on July 14,
2006, called for in the agreement with the Town of Los Gatos dated February 1, 2006. The
work is outlined in the Town's informal 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 Project 04-64 - Installation of Equipment for the Chiller/Cooling Tower
Replacement Improvements located in the TOWN OF LOS GATOS, County of Santa Clara,
State of California and was completed, approved and accepted August 21, 2006.
The Surety accompanying the contract/agreement is the Safeco Insurance Company of America.
Bond No.: 6352005
Date: January 27, 2006
TOWN 'OF LOS GATOS
By:
Director of Parks and Public Works
By:
Town Manager
EXHIBIT A
I, DEBRA J. FIGONE, 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 2006 at Los Gatos, California.
DEBRA J. FIGONE, TOWN MANAGER
Town of Los Gatos - - - - - - - - - - - - - -
RECOMMENDED BY:
Director of Parks and Public Works
Date:
APPROVED AS TO FORM:
Town Attorney
Date:
TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGEMENT
State of California
County of Santa Clara
On before me, MARLYN RASMUSSEN, Clerk Administrator, personally appeared
DEBRA J. FIGONE, Town Manager, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that-he/she exomted the saIIle in
his/her authorized capacity, and that by his/her signature on the within instrument the entity upon
behalf of which the person acted, The Town of Los Gatos, executed the instrument.
WITNESS my hand and official seal:
Clerk Administrator of the Town of Los Gatos
Los Gatos, California
CAPACITY CLAIMED BY SIGNER:
Municipal Officer of the Town of Los Gatos
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Certificate of Acceptance and Notice of Completion
Project 04-64 - Installation of Equipment for the Civic Center
Chiller/Cooling Tower Replacement Improvements
Number of Pages: 2
Date of Document:
Signer(s) Other than Named Above: None