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21 Staff Report - Los Gatos Library Project~pW 0 los: G AtO~ MEETING DATE: 06/15109 ITEM NO: C;~ COUNCIL/AGENCY AGENDA REPORT DATE: JUNE 2, 2009 TO: FROM: SUBJECT: MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENTAGENCY GREG LARSON, TOWN MANAGER/EXECUTIVE DIRECTOR PPW JOB NO. 09.06 LOS GATOS LIBRARY PROJECT 411-281-2501 ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER/ EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SWINERTON MANAGEMENT & CONSULTING, INC.TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $347,598. RECOMMENDATION: Adopt a Resolution (Attachment 1) authorizing the Town Manager/Executive Director to execute a professional services agreement (Exhibit A) with Swinei ton Management & Consulting Inc. to provide construction management services in an amount not to exceed $ 347,598. BACKGROUND: The adopted FY 2008109-2012/13 Capital Improvement Program designates funding for the Los Gatos Library Project. This project will construct a new, modern 30,000 square foot library building on Villa Avenue. The design for this project is currently underway and it is anticipated that final bid documents will be ready by early 2010. Construction of the project is projected to begin by summer 2010, assuming no environmental or regulatory delays. DISCUSSION: A project of this magnitude requires a professional team of engineers and inspectors to manage and oversee its successful completion. This scope of management includes day to day inspection, administration of the contract, and management of the construction. Staff from the Town Manager's Office, Parks and Public Works Department, and Community Development Department formulated a plan on how best to utilize the project budget and maximize the resources for the construction of this project by leveraging internal staff resources. PREPARED BY: TODD CAPURSO Director of Parks and Public Works Reviewed by: Assistant Town Manager/Deputy Director Town Attorncy/Gencral Counsel Clerk Administrator/Secretary Finance Community Development N;IPPWIMANAGEMLN'CICOITNCILICOUNCIL REPORTS12009 reportA me 15109-06.library.new.constr.mgmt.project.doe PAGE 2 JUNE 2, 2009 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 09-06 - LOS GATOS LIBRARY PROJECT 411-281-2501 DISCUSSION (cont'd): It has been determined for this project that the day-to-day inspection of the work will be performed by Town Engineering and Building Inspectors. Other specialty inspections that Town staff is not able to perform will be provided through this contract in addition to overall project construction management. This approach will provide the Town with the best possible service and value for the project as well as efficiently utilize all available resources. In order to select a consultant to provide construction management and specialty inspections for the project, a Request For Qualifications (RFQ) was prepared and advertised. The Town received nine (9) responses to the RFQ. Interviews were held Monday, May 5, 2009. Based on these interviews, staff from the Town Manager's Office, Parks and Public Works, Police Department, and Community Development reviewed the proposals and selected the top three (3) firms. These firms were: • Swinerton Management & Consulting Inc. • Harris &Associates Inc. • Consolidated CM Inc. The results of the interviews along with subsequent proposal review and references determined that Swinerton Management & Consulting Inc. is the most qualified firm for this project. In addition to a very competitive fee for the work, staff believes that Swinerton Management & Consulting Inc. has a thorough understanding of this project's unique features and that they are best suited to work with Town staff on the construction of this project. Swinerton Management & Consulting Inc. will perform the overall construction management of this project and specialty inspections. The Town will provide the day to day inspection of the project utilizing Town staff or contract staffing as appropriate. The attached proposal (Exhibit B) and scope of work is responsive to the Town request for construction management services of the Los Gatos Library project. CONCLUSION: It is recornrnended that the Town Council/Redevelopment Agency adopt the attached Resolution authorizing the Town Manager/Executive Director to execute an Agreement with Swinerton Management & Consulting Inc. to provide construction management services for the Los Gatos Library project. ENVIRONMENTAL ASSESSMENT: This project is Categorically Exempt pursuant to Sections 15301 (c), and 15303 (e), and 15304 (b) of the State CEQA guidelines. PAGE 3 JUNE 2, 2009 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 09-06 -LOS GATOS LIBRARY PROJECT 411-281-2501 FISCAL IMPACT: Sufficient funds are available for this agreement as demonstrated in the table below: LOS GATOS LIBRARY PROJECT 411-821-2501 Available Expended/ Proposed Budget Encumbered Contract Available FY 2008109 Fiscal Impact Funding To Date Amount Balance 411-821-2501 $ 18,354,417 $ 1,783,266 $ 347,598 16,223,553 TOTALS $ 18,354,417 $ 1,783,266 $ 347,598 $ 16,223,553 TOTAL EXPENDITURES BY CATEGORY: Enviromnental Studies $ 100,758 Supplies 92 Design and Consulting Services 1,682,416 TOTALS $ 1,783,266 Attachments: Resolution authorizing Town Manager/Executive Director to execute a professional services agreement with Swinerton Management & Consulting Inc. (Exhibit A) Professional Services Agreement (Exhibit B) Proposal Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SWINERTON MANAGEMENT & CONSULTING, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR PPW JOB NO. 09-06 - LOS GATOS LIBRARY PROJECT WHEREAS, the 2008-09 Capital Improvement Program budget includes funding for the PPW Job No.09-06 Los Gatos Library Project; and WHEREAS, proposals were sought in conformance with State and Town Law for the Los Gatos Library Project; and WHEREAS, it is necessary for the Town Council/Redevelopment Agency to secure professional services to provide construction management services for the Los Gatos Library Project; and WHEREAS, the Town Council/Redevelopment Agency has selected the firm of Swinerton Management & Consulting Inc. to provide the necessary professional services for construction management for the Los Gatos Library Project; and NOW, THEREFORE,. BE IT RESOLVED that the Town. Council/Redevelopment Agency of the Town of Los Gatos hereby approves the attached Agreement (Exhibit A) with Swinerton Management & Consulting, Inc. to provide construction management in connection with the Los Gatos Project; at a cost not to exceed $347,598. BE IT FURTHER RESOLVED that the Town Manager/Executive Director is hereby authorized and directed to execute said agreement on behalf of the Town Council/Redevelopment Agency. PASSED AND ADOPTED at a regular meeting of the Town Council/Redevelopment Agency of the Town of Los Gatos, California, held on the 15t" day of June, 2009 by the following vote: COUNCILIAGENCY MEMBERS AYES: NAYS : ABSENT: ABSTAIN: SIGNED: MAYOR/CHAIR OF THE REDEVELOPMENT AGENCY LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR/SECRETARY OF THE REDEVELOPMENT AGENCY LOS GATOS, CALIFORNIA EXHIBIT A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES PPW JOB NO. 09-06 - LOS GATOS LIBRARY PROJECT THIS AGREEMENT is entered into this day of June, 2009, by and between the Town of Los Gatos Redevelopment Agency, State of California, herein called the "Town", and Swinerton Management & Consulting, Inc., engaged in providing Construction Management Services herein called the "Consultant". R VC IT AT .C A. The Town is considering undertaking activities in connection with PPW Job No. 09-06 Los Gatos Library Project. B. The Town desires to engage a professional consultant to provide construction management and inspection services in conjunction with the Los Gatos Library 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 (Exhibit B). 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 March 2012. 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 $347,598 and payment shall be based upon Town approval of monthly invoices by consultant. 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: Tn t~~; roc Statements' Town of Los Gatos Attn: Finance Departinent P.O. Box 655 Los Gatos, CA 95031 Town of Los Gatos Attn: Accounts Payable Box 655 P.O. 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 Nimone Li-Hardisty, ix. A_s_signability_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 John Baker, Project Executive Director of Parks and Public Works Swinerton Management & Consulting Inc. 41 Miles Avenue 260 Townsend Street Los Gatos, CA 95031 San Francisco, CA 941071790 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 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 is 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: 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. 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 times during the term of this agreement with the Cleric Administrator/Secretaiy of the Redevelopment Agency. 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. 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. xvi. 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. xvx. 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. xx. 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: Consultant, by: Greg Larson, Town Manager/Executive Director Recommended by: Todd Capurso Director of Parks and Public Works Approved as to Form: OrTy P. Korb, Town Attorney/General Counsel ATTEST: Jackie Rose, Clerk Administrator/Secretary of the Redevelopment Agency EXHIBIT B June 1, 2009 Kevin Rohani, P.E. Town Engineer Town of Los Gatos Parks and Public Works Department 41 Miles Avenue Los Gatos, CA 95031 Dear Mr. Rohani, INNOVATION I N T E G R I T Y EXPERIENCE Swinerton Management & Consulting (SMC) is pleased to present the following financial proposal to support the Town of Los Gatos in constructing a new public library. I appreciate your review of our proposal and I offer the following comments. SMC is committed to providing the highest quality services to the Town of Los Gatos in the most efficient way. We have staffed this proposal with the involvement of a solid tcarn that we believe is appropriate for a library project of this size, based on our current library project involving Noll & Tam. We will be responsive to your needs to ensure that the Town of Los Gatos is receiving the right balance of resources. To that end, we have, as you suggested reviewed our budget for the closeout phase and re-allocated some funds in this area. Additionally, the team will utilize Primavera systems to manage the project. Our proposal also includes the special inspection services of Engeo Incorporated, a recognized leader in testing and inspection services throughout Northern California. I am confident that this firm has the correct scope to accomplish this project. Swinerton Management & Consulting will complete this project to the highest level of duality, while maintaining budget and schedule. You have my commitment that we will be responsive and efficient with our execution. We look forward to providing the Town of Los Gatos with our experience and expertise to assist in completing this important proj ect. Should you have any questions, please do not hesitate to call. I can be reached at 415- 984-1315. Thank you for considering Swinerton Management & Consulting. Sincerely, Cheryl nson, LEED AP Vice President, Division Manager "WIP rtun Nianagemem & Consulting, Inc. Telephxne Facsimile wwwswinvrtwwom 700 Townsend tiireer 115 064-1201 T15 988-I]g2 San Francisco. C.iWornia 94101-1190 COST PROPOSAL - SUMMARY Town of Los Gatos New Public Library Construction Project Proposal for Biddability, Constructability & Construction Management Preconstruction, Construction and Closeout Phases A. Project Staffing (Project Management) Phase 1 Phase 2 $47,184 $236,518 Subtotal $283,702 B. Special Inspection Budget Special Inspection - Engeo Incorporated Reinforcing Steel Placement $3,885 Concrete Placement $9,454 Structural Steel $33,920 High Strength Bolting $2,968 Mileage $1,368 Laboratory Testing (Cylinders) $1,875 Project Administration $10,430 Soils Compaction Testing/Gootechnical By Others Subtotal $63,896 TOTAL PROPOSAL COSTS $347,598 The following items would be considered reimbursable to the contract and would be billed at actual cost plus 15%. Those items include: 1. Reproduction of documents including drawings, specifications, bid documents and contracts 2. Express delivery, photographic and other similar incidental expenses in carrying out the services, not provided and paid for directly by the Client; 3. Any other special expenditure as authorized and approved in advance by Owner including travel outside of Northern California. This proposal assumes office space will be made available to the SMC team during the course of the project. We believe the best value is for SMC to office in facilities provided by the general contractor. 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