S.J. Amoroso Construction - AgreementSECTION 00500
AGREEMENT
Project No. 03 -CDD -114
New Gilroy Police Facility
THIS AGREEMENT, made this �G dayofz4vz4, . by and between the
City of Gilroy, hereinafter called the "City," and S.Y. Amoroso Construction Co., Inc.,
hereinafter called the "Contractor."
WITNESSETH:
WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding
and contract requirements and technical specifications and drawings for the construction of the
Project No. 03 -CDD -114, New Gilroy Police Facility, as described therein, and WHEREAS, the
Contractor has offered to perform the proposed work in accordance with the terms of the
Contract Documents.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties
herein contained and to be performed, the City and Contractor agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified or indicated in the Contract Documents.
Article 2. Contract Time.
The Work shall be completed by the Contractor in accordance with the Contract Documents
within the time period required by Paragraph 00810 -2.0, Time Allowed for Completion, subject
to extension as expressly provided in the Contract Documents.
Article 3. Liquidated Damages.
THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER
SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF
THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED IN
THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY
ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS
SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE
EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE, THE
CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELAYS
IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO COMPENSATION BY WAY
OF LIQUIDATED DAMAGES (AND NOT PENALTY) FOR THE DETRIMENT
RESULTING THEREFROM IN ACCORDANCE WITH PARAGRAPH 00700 -6.5,
LIQUIDATED DAMAGES, OF THE CONTRACT DOCUMENTS. THE CITY AND THE
CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED AS
LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE CITY'S DAMAGES
AND FINANCIAL LOSS IN THE EVENT OF ANY SUCH DELAYS IN PERFORMANCE
CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS
Project No. 03 -CDD -114
New Gilroy Police Facility SECTION 00500 -1
AGREEMENT, INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE
OF HARM TO THE CITY WHICH REASONABLY COULD BE ANTICIPATED AS OF THE
DATE OF THIS AGREEMENT AND THE EXPECTATION THAT PROOF OF ACTUAL
DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL.
BY INITIALING THIS PARAGRAPH BELOW, TFJK?VTIF,46 HERETO SIGNIFY THEIR
APPROVAL AND CONSENT TO THE TERMS WICLE 3.
IV
City's Initials f Contractors Iqtials
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the Contract
Documents, the City shall pay the Contract Price set forth in the Contract Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between City and Contractor
concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and
all of the following, all of which are hereby incorporated into this Agreement by reference with
the same force and effect as if set forth in full.
Invitation to Bid
Instructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Notice of Award
Notice to Proceed
Article 6. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090, References, of the
Contract Documents will have the meetings set forth in Section 01090, References.
Project No. 03 -CDD -114
New Gilroy Police Facility SECTION 00500 -2
Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in
the Contract Documents without the prior written consent of the City, which consent may be
withheld by the City in its sole discretion. No assignment by the Contractor of any rights,
obligations, duties or responsibilities under or interests in the Contract Documents will be
binding on the City without the prior written consent of the City (which consent may be withheld
in City's sole discretion); and specifically but without limitation monies that may become due
and monies that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment, executed by the City, no assignment will release or
discharge the assignor from any liability, duty, obligation, or responsibility under the Contract
Documents.
Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. Nothing contained in the
Contract Documents shall in any way constitute a personal obligation of or impose any personal
liability on any employees, officers, directors, agents or representatives of the City or its
successor and assigns.
In accordance with California Business and Professions Code Section 7030, the Contractor is
required by law to be licensed and regulated by the Contractors' State License Board which has
jurisdiction to investigate complaints against Contractors if a complaint regarding a patent act or
omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of
the alleged violation. Any questions concerning the Contractor may be referred to the Registrar,
Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
Project No. 03 -CDD -114
New Gilroy Police Facility SECTION 00500 -3
IN WITNESS WHEREOF, this agreement has been executed on this day of Acte u S 1- LC c `l
S. J. Amoroso Construction Co., Inc.
N e f Contr4pt6r
Signature of Contractor
Dana C. McManus, Chief Executive Officer
ATTEST:
Signature
Title of Signator
Approved as to form:
N�-w ?)City Attorney
Signature of City
&4 ItL, c
Title J Signator
ATTIT:
Signature
Title of §ignator
** *END OF SECTION * **
Project No. 03 -CDD -114
New Gilroy Police Facility SECTION 00500 -4
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Mateo
On August 11, 2004 before me, Joan F. Luis, Notary Public,
personally appeared Dana C. McManus, personally known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the
instrument the person or entities upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official
seal.
JOAN F. LUIS r
Commission # 1419356
.�' Notary Public California , Joan F. Luis, Notary Public
San Maleo County
My Comm. Expires May 20, 2007
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER:
CORPORATE OFFICER:
Chief Executive Officer
SIGNER IS REPRESENTING:
S. J. Amoroso Construction Co., Inc.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT:
AGREEMENT
New Gilroy Police Facility
Project No. 03 -CDD -114
NUMBER OF PAGES: 4
DATE OF DOCUMENT: N/A
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM
TO: Jay Baksa, City Administrator
FROM: Bill Headley, Facilities and Parks Development Mgr. ✓�'
DATE: July 16, 2007
RE: Acceptance of Completion for Police Facility Improvements
REQUESTED ACTION
1. Accept completed improvements of the new Gilroy Police Station/ C.J. Laizure Police
Building from S. J. Amoroso Construction and direct staff to file the project Notice of
Acceptance of Completion with the Clerk of Santa Clara County.
BACKGROUND
The project team determined that all contract work was substantially complete in March of 2007 and
on behalf of the City formally accepted beneficial use of the New Gilroy Police Facilities on
Thursday, March 15, 2007, from the General Contractor, S. J. Amoroso Construction. Public
dedication of the New Police Station took place on Saturday, March 17, 2007. Other City work
forces completed installation of other improvements such as the building phone system, building
computer system, and furniture and fixtures on or about May 7, 2000. The Gilroy Police Department
completed relocation of all operations, equipment, records and evidence from the old ,Rosanna
Street Police Station into the new police facilities at 7301 Hanna Street on or about Friday, May 11,
2007.
Facilities Maintenance staff has reported typical building startup problems covered under warranty
that have been minor in nature and have not caused problems that have impacted Police
Department operations or general building use such as air conditioner issues, hot water issues in
locker rooms, and a garage door exit control problem. Police staff and Facilities Maintenance staff
are reporting satisfactory warranty responses by the general contractor and sub - contractors when
warranty problems have been reported during the past two startup months of building use.
On April 16, 2007 the City Council by a vote of 6 to 1 approved the negotiated settlement agreement
with S. J. Amoroso and since that time the Total Estimate -to- Complete has increased by a net of
$28,500. Please see the attached updated spreadsheet dated 6/29/07. This report reflects
construction closeout activities that have occurred since the last City Council report. Cost increases
included atrium smoke control changes, electrical work to connect dispatch equipment to the UPS
battery protection unit, electrical jail door and NRU door corrections, etc. and cost decreases for
construction management and City permits.
Thank you
(3) Attachments
G: \C0MDEV\ENG \13ILLH \Police Station — New \Construction Pkg IV — Starts Aug 2004 \New PD Council Notice of Acceptance cover for 7-
16-07 Council mtg (1).DOC
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CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
MEMORANDUM
TO: Jay Baksa, City Administrator
FROM: Bill Headley, Facilities and Parks Development Mgr.
DATE: July 27, 2004
RE: Bid Recommendation for New Gilroy Police Construction Improvements
Project No. 03 -CDD -114
Plans and specifications for the above referenced project were sent to 12 builders exchanges and
invitations to bid were sent to 58 contractors. The project was advertised in the Gilroy Dispatch
and the San Jose Mercury News.
Bids were opened July 23, 2004. Two bids were received, as follows:
Contractor Total Base Bid
S.J. Amoroso Construction, Redwood Shores, CA $22,377,000.00
West Coast Contractors, Fairfield, CA $23,265,000.00
S. J. Amoroso Construction of Redwood Shores, California, is the apparent low bidder. Their
bid is deemed to be complete and contains no misinformation. Staff recommends the project be
awarded to S.J. Amoroso Corporation for the New Police Facility Project No. 03 -CDD -114
in the total amount of $22,377,000. The advertised Engineer's Estimate for this bid process
was $21 to $22 Million . The last Davis Langdon Adamson (DLA) construction estimate of
$22,661,000 was reported to City Council by the City Design Team April 19, 2004. Funds are
available in account 482 - 434 - 0000 -4340.
A vicinity site map is attached.
CITY OF GH ROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
MEMORANDUM
TO: Jay Baksa, City Administrator
FROM: Bill Headley, Facilities and Parks. Development Mgr.
DATE: June 6, 2003
RE: Bid Recommendations for New Police Facility Project No. 03 -CDD -114
Plans and specifications for the above Project were sent to 12 builders exchanges and bid
invitations were sent to 39 contractors. The project was advertised in the Gilroy Dispatch and
the San Jose Mercury News. There were a total of 93 Plan Holders.
Bids were opened May 20, 2003, and three bids were received, as follows:
Contractor Total Base Bid
Amoroso Construction, Redwood Shores, CA $ 26,137,000.00
Nibbi Bros. Construction, San Francisco, CA $ 26,700,000.00
KH Construction, Fresno, CA $ 26,792,000.00
Low bidder was Amoroso Construction whose bid was complete and contained no
misinformation, however, it significantly exceeds the Engineer's Estimate of $ 18,231,057.00.
Staff recommends that all bids be rejected for the New Police Facility Project No. 03 -CDD-
114. A post bid analysis has been performed by the project architect, WLC and the project
construction manager, Harris & Associates. Both recommend the project be returned to the
Design Team for re- design and re -bid within the City resources previously identified.
�.A
AMOROSO
c o n s t r u c t i o n
September 2, 2004
To Whom It May Concern:
RE: PROJECT START AT
THE NEW GILROY POLICE FACILITY
ON WEST 7TH BETWEEN HANNA & DOWDY
S. J. AMOROSO
Construction Co., Inc.
390 Bridge Parkway
Redwood Shores, California
94065
(650) 654 -1900 phone
(650) 654 -9002 fax
Please be advised that on Tuesday 9/7/04, S.J. Amoroso Construction
will start the construction activities at the above noted job site.
This new Project includes the construction of a one -level 45,000 SF
Police Station over a 58,000 SF on grade parking. The work also
includes new sidewalk around the site, and street improvements on
Hanna Street. The construction activities will be on going from
09/07/04 to the end of 2005.
If temporary street closures around the site are necessary, specific
notification will be provided in advance of such closure.
For more details, please review the attached map. If you have any
questions, don't hesitate to call SJA's site office. Phone numbers are
(408) 847 -6300 or (408) 842 -0710.
Sincerely,
S.J. Amoroso Constructio , Inc.
Mike Ng
Project Manager
Encl: Site Map Showing Project Location
Cc: Scott Gilpatric @a Harris & Associates
Mike Cleveland
File 665 / CM / Notification 1
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