06 Staff Report - Town Plaza Filtration System
DATE: TO: FROM: COUNCIL AGENDA REPORT FEBRUARY 4, 2009 GREG LARSON, TOWN MANAGER MEETING DATE: 2/17/09 ITEM NO: SUBJECT: PPW JOB NO, 08-14 -TOWN
PLAZA FOUNTAIN FILTRATION SYSTEM PROJECT A. ADOPT RESOLUTION DECLARING PACIFIC WATER ART INCORPORATED TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONTRACT IN THE AMOUNT
OF $300,000. B. AUTHORIZE STAFF TO ISSUE CHANGE ORDERS TO THE CONTRACT UP TO AN AMOUNT OF $4,000. RECOMMENDATION: 1. Adopt Resolution (Attachment 1) declaring Pacific Water Ali Incorporated
to he the lowest responsihle hidder on the project and award a contract (Exhibit A) in the amount of $300,000. 2. Authorize staff to issue change orders to the contract up to an amount
of $4,000. BACKGROUND: The Town Plaza Interactive Fountain was constmcted as a part of the Town Plaza ReconstTUction Project in 2003. The fOlmtain was built with the most current and
state-of-the-art filtration system for that time period. Since that time, technological improvements have been made in water treatment and new regulations require municipalities to enhance
the treatment of interactive fOlmtains. On December 15,2008, the Council approved plans and specifications for construction of an ultraviolet filtration system for the Town Plaza fOlmtain.
This project will provide enhanced water U'eatment and filU'ation for the fOlmtain using EPA approved technology. This new filtration system also meets the new regulations adopted by
the County Health Depmirnent that have been placed on interactive fountains Countywide. PREPARED BY: TODDCAPURSO Director of Parks and Public Works N:\PPW\MANAGEMEN'l\COUNCIL\COUNCIL
REPORTS\COUNCIL REPORTS\2Q09 reports\08-14.plaza.foulltain.award.doc b;: 1JjLTown .. ___Cl(;rk Administrator
-6'CLFinance__Comrllll1lity Development
PAGE 2 FEBRUARY 17,2009 MAYOR AND TOWN COUNCIL SUBJECT: PROJECT 08-14 -TOWN PLAZA FOUNTAIN FILTRATION SYSTEM DISCUSSION: Construction of an ultraviolet water filtration system is a highly
specialized trade. Unlike typical public works projects, where many contractors can bid on one project, there are only a few contractors who can complete this specialized task. On February
4, 2009, one (I) bid was received for this project. Staff has checked the bid received and has determined that Pacific Water Art Incorporated is a responsible entity and that its bid
is responsive to the Town's formal bid process. It is recommended that the Council adopt the attached Resolution that would declare Pacific Water Art Incorporated to be the lowest responsible
bidder on the project, and award a contract to this company in the amount of $300,000. It is recommended that the Council authorize staff to execute future Change Orders to the contract
up to an amount of $4,000. It is anticipated that the work on this project will start in March 2009 and be completed by May 2009. CONCLUSION: Staff recommends that the Council accept
the staff recommendations noted above. ENVIRONMENTAL ASSESSMENTS: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Sufficient funds are available
to pay for this project. ..Town Plaza Filtration System PROJECT 411-831-4201 Available Bndget FY 2008/09Fiscal Impact Funding Project 411-831-4201 $ 335,878 TOTALS $ 335,878 TOTALI'XPENnI'rtjRES:BY
CNrIj;GORy,: EngineeringlDesign Project Construction Contingency TOTALS Expended/Proposed Encumbered Contract Available To Date Amount Balance $ 31,378 $ 304,000 $ 500 $ 31,378 $ 304,000
$ 500 $ 31,378 $ 300,000 4,000 $ 31,378 $ 304,000
PAGE 3 FEBRUARY 17, 2009 MAYOR AND TOWN COUNCIL SUBJECT: PROJECT 08-14 -TOWN PLAZA FOUNTAIN FILTRAnON SYSTEM Attachments: Resolution declaring Pacific Water Art Incorporated as the lowest
responsible bidder including Town Plaza Fountain Filtration System Contract (Exhibit A).
Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE AWARD AND EXECUTION OF CONTRACT WITH PACIFIC WATER ART INC. FOR PPW JOB NO. 08-14 -TOWN
PLAZA FOUNTAIN FILTRATION SYSTEM PROJECT WHEREAS, bids were sought in conformance with State and Town law for PPW Job No. 08-14 -Town Plaza Fountain Filtration System Project; and WHEREAS,
Pacific Water Art Inc. submitted the lowest bid which the Town Council deems to be responsive to the Town's solicitation dated December 15,2008. NOW THEREFORE, BE IT RESOLVED by the
Town Council of the Town of Los Gatos that Pacific Water Art Inc. declared to be the lowest responsible bidder for PPW Job No. 08-14 and that the Town Manager is authorized to execute
a contract (attached as Exhibit A) for said project on behalf of the Town in the amount of $300,000. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $4,000. PASSED AND ADOPTED at a regular meeting of the Town Council Council of the Town of Los Gatos, California, held on the 17th day of February, 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 refelTed to as "Owner") and Pacific Water Art Inc. (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. 08-14 -Town Plaza fonntain Filtration System 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, aud for well and faithfully completing the work, and the whole thereof,
in the mamler and according to the Contract Documents, Owner shall pay (three hundred thousand dollars), $300,000, 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 aTe intended
to be conelated 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. 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 fully liable for any damage or injury sustained by Owner or third persons resulting therefrom. E. TIME OF COMPLETION The Work called for herein shall be fully completed
within forty (40) working days of Contractor's receipt ofthe 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 therefrom which shall appear within a period of2 years from the date ofrecording of the Notice ofCompletion. IN WITNESS WHEREOF, the parties hereto
have executed this Agreement as of day of ,2009. TOWN OF LOS GATOS, by: Greg Larson, Town Manager RECOMMENDED BY: Todd Capurso, Director Parks and Public Works APPROVED AS TO FORM: Ony
P. Korb, Town Attomey ATTEST: Jackie Rose, Clerk Adminish'ator by: Pacific Water Art Inc. (Signature) (Print Name) (Address) (City, State, Zip) (Contractor's License Number)