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HomeMy WebLinkAboutKent Construction - Christopher High School Aquatic Center Shade StructureSECTION 00500 AGREEMENT PROJECT NAME: Christopher High School Aquatic Center Shade Structure Project. PROJECT NUMBER: 18 -PW -244. ,.•,� h THIS AGREEMENT, made this day of��I VI 1 2018, by and between the City of Gilroy, hereinafter called the "City," and Larry Kent, Inc. dba Kent Construction hereinafter called the "Contractor." WIT NESS ETH: 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 Christopher High School Aquatic Center Shade Structure Project, PROJECT NO.18 -PW -244, 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, Christopher High School Aquatic Center Shade Structure Project Project No. 18 -PW -244 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 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, the parties hereto signify their approval. and consent to the terms of this article 3. City's Initials Initials Article 4. Contract Price. Contractors 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 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. Christopher High School Aquatic Center Shade Structure Project Project No. 18 -PW -244 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 (Caltrans, 2010 edition) Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Maintenance Bond 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 meanings set forth in Section 01090, References. 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 Christopher High School Aquatic Center Shade Structure Project Project No. 18 -PW -244 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 latent 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. ANWITNESS HEREOF, this agreement has been executed on this day of Gf ,/ 11 Ul Name of Contractor ATTE U nat e v�'ec` 6i/t IF6S� Title of Signator ** *END OF SECTION * ** Christopher High School Aquatic Center Shade Structure Project . Project No. 18 -PW -244 Signature of City City Administrator 7 jle of Signa r Approved as to form.by City Attorney Sig �tr- Title of Signator City of Gilroy STAFF REPORT Agenda Item Title: Bid Award to Larry S. Kent, Inc. dba Kent Construction in the Amount of $247,000 for the Construction of Christopher High School Aquatic Shade Structure, Project No. 18 -PW -244; and Approval of $54, 413 for Special Inspections to Comply with State of California Division of State Architect Meeting Date: March 5, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Julie Behzad Strategic Plan Goals ❑ Financially Sustainable and High Performing ❑x Livable Community ❑ Grow the Economy C�. ❑ Upgrade Infrastructure ❑ Vibrant Downtown RECOMMENDATION a) Approval of a contract with Larry S. Kent, Inc., doing business as Kent Construction, in the amount of $247,000 for the construction of the Christopher High School Aquatic Shade Structure, Project No. 18 -PW -244, approve a contingency amount $24,700, and authorize the City Administrator to execute the contract; and b) Approve costs in the amount of $54,413 associated with mandatory California Division of the State Architect's (DSA) material testing and special inspections requirements. BACKGROUND This project was initially approved in the Fiscal Year (FY) 2014 Capital Improvement Program and additional funding was included for the second phase of the project in the FY 17/18 Capital Improvement Program (CIP). The construction of shade structures at the City of Gilroy's Aquatic Center (located in Christopher High School) will drastically reduce Ultra Violet (UV) sun exposure to children, families, and City staff while creating a safer and enjoyable environment. The Christopher High School Aquatic Shade Structure Project was originally part of the Senior Center and Aquatics Center Improvements Project, which was advertised for bid on June 12, 2015. While the Senior Center shade structure was completed in 2016, the Aquatic Center shade structure was not constructed due to design changes that originated from the California Division of the State Architect's (DSA) review of the project. All design changes have now been completed and the necessary permits obtained to move forward with the installation of the shade structure at the Aquatics Center. The scope of this project includes installing two- barrel vault shelters, three cantilever octagon structures for the Aquatics Center, and civil engineering necessary for the project. The shade structures have been purchased separately by the City per Council approval of the California Multiple Award Schedules (CMAS) Shade Structure Purchase Contract with NSP3 on July 1, 2015. The equipment is currently being stored at the City of Gilroy Corporation Yard. ANALYSIS Staff has been working collaboratively with Gilroy Unified School District (GUSD) and the City of Gilroy Recreation Department to complete the project this fiscal year while pools are closed for winter. The project was advertised for bid on January 18, 2018. The project was advertised in local newspapers as well as forwarded to ARC/ plan rooms. A mandatory pre -bid conference was held on January 9, 2018 at Christopher High School Aquatic Center. Representatives from four contractors attended the meeting. Bid Results The project bid was opened on January 9, 2018, and only one bid was received, submitted by Kent Construction in the amount of $247,000. Even though this bid is higher than the engineer's estimate of $190,000 and only one bid was received, staff recommends awarding the construction contract to Kent Construction for the following reasons: 1) Due to the current bidding climate, and due to the level of construction activity in the region, the industry is seeing considerably higher construction bids than the engineer's estimate. The bid price is indicative of the current construction market which has seen an increase in bid prices of 20 -30 %. This bid is 30% higher than the engineer's estimate. 2) Based on review of past performance, Kent Construction has completed a number of comparable projects, for various school district sites, successfully on time and within budget. 3) Drawings and specifications for the project were approved and stamped by the DSA on July 19, 2016; this approval was valid for one year. The City of Gilroy and Gilroy Unified School District requested a one -year extension of plans and specifications for constructing shade structures which was granted. If the construction contract is not awarded at this time, there is no guarantee that the DSA approval will be extended another year causing uncertainty in the project. 4) Recreational pools are closed during winter and spring season which makes it ideal to install the shade structure during this period. Otherwise, the pools will have to be closed for weeks during construction. 5) In order to obtain DSA approval, specialized inspection and certification needs to be performed. This project is estimated to begin mid -March 2018 and be completed by the end of May 2018. ALTERNATIVES One alternative is rejecting the current bid and re- advertising the project. However, the following need to be considered: 1) The additional cost and time to apply for a new approval from DSA or requesting another extension of the DSA project approval (if granted) 2) Continuing the maintenance of equipment being stored at Gilroy Corporation Yard, which is prone to wear and tear 3) There will be a gap in service and loss of revenue associated with the closing of the pools during construction if the project is not completed by the end of May 2018 For the above reasons, staff recommends that this bid be approved and the contract awarded to Kent Construction. FISCAL IMPACT /FUNDING SOURCE The total project cost of $326,113 includes the base bid amount ($247,000), plus 1) 10 percent construction contingency ($24,700) to account for unforeseen conditions or necessary field changes in the scope of work, 2) approximately $30,413 for material testing required by DSA, 3) $9,000 for special inspections required by DSA, and 4) $15,000 for construction support, including the agreements with BCA, the Architecture of Record and structural engineer oversight required by DSA. The current FY 18 budgeted amount for the construction of this project is $238,545. Working with Finance, staff was able to identify additional funding sources for this project including: • $22,536.52 in the Public Facilities account previously dedicated for improvements in the Christopher High School aquatic center • $9,000 + $3,382 carryover (for a total of $13,916) from a "BANS Refinance Surplus" account which can only be used for improvements in Christopher High School and the aquatic center • $50,755 carryover from a previous phase of the shade structure project that was completed in 2016; this funding is also rom a "BANS Refinance Surplus" account which can only be used for improvements in Christopher High School and the aquatic center. PUBLIC OUTREACH Public Works staff has been working with Gilroy Unified School District and the City's Recreation Department and will continue to assist in future public outreach efforts including notifications via newsletter and email blast. This project will also be posted on the City's website and updates will be provided via the department's social media page. Attachments: 1. Kent construction contract