2002-070- Awarding A Construction Contract With Cb Construction Company For Project #01-08b Santa Cruz Avenue Pilot ProjectRESOLUTION 2002 - 70
RESOLUTION OF TI3E TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT WITH
CS CONSTRUCTION COMPANY
FOR.PROJECT # 01-08B
SANTA CRUZ AVENUE PILOT PROJECT
WHEREAS, bids were sought in conformance with State and Town aw for Project #O1-
08b Santa Cruz Avenue Pilot Project; and
WHEREAS, CB Construction Company submitted the lowest bid which the Town
Council/Redevelopment Agency Board deems to be responsive to the Town's solicitation.
NOW, THEREFORE, BE IT RESOLVED by the Town Council/Redevelopment
Agency of the Town of Los Gatos, County of :Santa Clara, State of California, that CB
Construction Company is declared to be the lowest responsible bidder for 'Project #01-08b -
Santa Cruz Avenue Pilot Project.
BE IT FURTHER RESOLVED that the Town Manager/Executive Director is
authorized, and is hereby directed, to execute a construction contract .(Attached as Exhibit A) for
said project on behalf of the Town in the amount of $ 12,750.00.
PASSED AND ADOPTED at a regular meeting of the Town Council/Redevelopment
Agency of the Town of Los Gatos, California, held on the 14th day of May, 2002, by the
following vote:
COUNCIL/AGENCY MEMBERS:
AYES: Steven Blanton, .Sandy Decker, Steve Glickman, Joe Pirzynski
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR/C IR OF THE DEVELOPMENT '
AGENCY OF THE TO OF LOS GATOS
LOS GATOS,, CALIFORNIA
ATTEST:
CLERI~/SECRETARY OF E REDEVELOPMENT AGENCY
OF THE TOWN Off' LOS GATOS
LOS GATOS, CALIFORNIA
:~~"r'Ii;~ (~i~''~'t-~E TOWN CLERK
AGREEMENT FOR CONSTRUCTION SERVICE
~RD ______--
~t~C .
THIS AGREEMENT is entered into this day of y an
between the Town of Los Gatos Redevelopment Agency, herein called` ' ~ "Ag~r~cy";-a~n~1-EB-
Construction, engaged in providing construction services'herein called the "Contractor".
RECITALS
A. The Agency is considering undertaking activities to remove and replace. sections of
sidewalk and curb and gutter on North Santa Cruz Avenue in the downtown area.
B. The Agency desires to imitate a pilot project in the area of North Santa Cruz Avenue
and Bean Avenue in order to betteras ure that the Plans and Specifications for the full,
competitively .bid downtown project will minimize the impact of the project on the use
of the downtown area.
C. The Contractor represents and affirms that it is qualified and willing to .perform the
desired work pursuant #o this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTGES HERETO AGREE AS FOLLOWS.:
1. Scope of Services. The Contractor shall provide the following services listed below.
A. Remove, replace, 77.5 square feet of existing sidewalk., 73'iinear feet of existing
curb and gutter, saw cut and remove 90 linear feet asphalt concrete, install 80
linear feet of 1" conduit and three N9 pull boxes with lids, .adjust two wood
planter boxes, and brick path at.Nursery entrance in front of 108.. 110 and114
North Santa Cruz Avenue.
B. Concrete mix design for sidewalk curb and gutter sfiall consist of 3/4 rock class
A (3000PS16 sack) concrete with light broom finish. Concrete finish for sidewalk
shall conform with Town Standards for "Villa Hermosa" theme:: Depress
concrete slab shall receive brick strips 12" ± wide. Mortar set flush with
concrete, grout joints shall be flush with sidewalk. Center brick strips on trees
shall be equally spaced. Bricks shall be McNear wire-cut red covered jumbo
brick (3'/2" x 3'/z"x 1.1'/2") or approved equivalent. Mortarjoints between bricks
shall be no more than 'h°. New sidewalk curb and gutter shall be doweled to
adjacent slabs. Dowel size shall be a number four, made of steel material. No
epoxy to existing .concrete shall be applied to secure dowels.
2. Time of Performance.. The services of the Contractor are to commence upon the
execution of this Agreement and issuance of a Agency purchase order, with completion
of the program by June 8, 2002.
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3. Compliance with Laws. The Contractor shall comply with all applicable {aws, codes.,
ordinances, and regulations of governing federal, state and local 'laws. Contractor
represents and warrants to .Agency that it has ail licenses., permits., qualifications and
approvals of whatsoever nature which are legally required for Contractor to .practice its
profession. Contractor represents and warrants to Agency that Contractor 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
Contractor to practice its profession. Contractor shall maintain a Agency of Los Gatos
business license pursuant to Chapter 14 of the Code of the Town of Los Gatos
4. Soie Responsibility. Contractor shall be responsible for employing or engaging ail
persons necessary to perform the services under this Agreement..
5. Information/Report Handfing. AlI documents fiurnished to Contractor by the Agency and
all reports and supportive data prepared by the Contractor under this Agreement are
the .Agency's .property and shall be delivered to the Agency .upon the completion of
Contractor's services or at the Agency's written request.. All reports, information, data,
and exhibits prepared orassembied by Contractor in connection with the performance
of its services pursuant to this Agreement are confidential until released by the Agency
to the ..public, and the Contractor shall not make any of the these documents or
information available to any individual or organization not employed 'by the Contractor
or the Agency without the written consent of the Agency before such release. The
Agency acknowledges that the reports to be prepared by the Contractor pursuant to this
Agreement are forthe purpose of evaluating a defined ;project, and Agency's use of the
information contained in the reports prepared bythe Contractor in connection with other
projects shad be solely at Agency's risk, unless Contractor expressly consents to ouch
use in writing. Agency further agrees that it will not appropriate any methodology or
technique of Contractor which is and has been confirmed in writing by Contractor to be
a trade secret of Contractor.
6. Compensation. Compensation for Contractor's professional services shall not exceed
$12,750.00.
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 Agency review, even if only ine partial or draft
form.
Payment shall be net thirty (30) days.
All changes to this contract involving scope, quantity, charges for overtime of the work
shall be in writing and signed by the Owner and the Contractor.
All invoices and statements tothe Agency shall reference the Agency's purchase order
number and 'be addressed as follows:
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INVOICES:
Town of Los Gatos
Redevelopment Agency
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95030
STATEMENTS:
Town of 'Los Gatos
Redevelopment .Agency
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95030
7. AvailabilitXof'Records. Contractor shall maintain the records supporting this'billing for
not less than three years following completion of the work under this Agreement.
Contractor shall .make these records available to authorized personnel of the .Agency
at the Contractor"s offices during business .hours upon written request of the .Agency.
8. Project Manager. The Project Manager for CB Construction shall be Christopher'B.
.Bearden.. The Project Manager for the Agency shall be Torn Theobald.
9. Assignability and Subcontracting. The services to be performed under this Agreement
are unique .and personal to the Contractor. No portion of these services shall be
assigned or subcontracted without the written consent of the Agency.
10. Notices.. Any notice required to be given shall be deemed to be dulyand properly given
if mailed .postage prepaid, and addressed to:
TO AGENCY:
.John Curtis, Director
Parks & Public Works
Town of Los Gatos
Redevelopment Agency
Post Office Box 949
Los Gatos, CA 95030
TO CONTRACTOR:
Christopher B. Bearden
CB Construction
1784 Shelburne Way
Los Gatos., CA 9.5030
or personally delivered to Contractor to such address or such other address as
Contractor designates in writing to Agency..
11. Independent Contractor. It is understood that the Contractor, 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 Agency. As an independent contractor
he/she shall not obtain any .rights to retirement benefits or other benefits which accrue
to Agency employee(s). With priorwritten consent, the Contractor 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.
Contractor agrees to testify in .any litigation brought regarding the subject of the work
to be performed under this Agreement. Contractor 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 Contractor or
is based on .allegations of Contractor's negligent performance or wrongdoing.
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12. Conflict of Interest. Contractor understands that its professional responsibilities is
solely to the Agency. The Contractor.has and shall not obtain any holding or interest.
within the Town of Los Gatos. Contractor has no business holdings or agreements with
any individual member of the Staff or management of the Agency or its representatives
norshall it enter into any such holdings oragre~ments. In addition, Contractorwarrants
that it does not presently and shall not acquire any direct or indirect interest adverse to
those of the Agency 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 Agency's sole discretion, divest itself of such interest. Contractor 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., Contractor discovers it has employed a person with a direct or indirect
interest that would conflict with its performance of this Agreement, Contractor shall
promptly notify Agency ofi this employment relationship., and shall, at the Agency's sole
discretion., sever any such employment relationship.
13. Equal Employment Opportunity. Contractor warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Contractor norlts 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, re igion, or medical condition, unless based upon a bona fide
occupational qualification pursuant to the California Fair Employment & Housing Act.
14, Insurance..
A. Minimum Scope of Insurance:
Contractor agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/herfirm 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.
:Contractor 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..
iii.. Contractor shall provide to the Agency all certificates of insurance, with
original endorsements effecting coverage.. Contractor agrees that all
certificates .and endorsements are to be received and approved by the
Agency before work commences.
iv. Contractor agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which
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is sufficient to insure Contractor for professional errors or omissions in
the performance of the particular scope of work under this .agreement.
B. General Liability:
The .Agency, its officers, officials., employees and volunteers are to be
covered as insured as respects: liability arising out ofactivities performed
by or on behalf of the Contractor; products and completed operations of
Contractor,.premises owned or used bythe Contractor. This requirement
does not apply to the professional liability insurance required for
professional errors and .omissions.
ii. The Contractor's insurance coverage shall be primary insurance as
respects the Agency, its officers, officials., employees and volunteers.
Any insurance orself-insurances maintained by the Agency.., its officers,
officials, employees or volunteers shall be excess of the Contractor'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 Agency, its officers., officials, employees
or volunteers.
iv. The Contractor's insurance shall apply separatelyto 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 .Agency. Current
certification of such insurance shall be kept on file at all times during the term
of this agreement with the Agency Clerk.
D. In addition to these policies.., Contractor shall have and maintain Workers'
Compensation insurance as required by California law and shall provide
evidence of such policy to the .Agency before beginning services under this
Agreement. Further, Contractor shall ensure that all subcontractors employed
by Contractor provide the required Workers' Compensation insurance for their
respective employees.
15. Indemnification. The Contractor shall save, keep .and hold harmless indemnify and
defend the Agency 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
setup because of damages to property or personal injury received by reason of, or in
the course of performing workwhich may be occasioned by a willful or negligent actor
omissions of the Contractor, or any of the Contractor's officers, employees, or agents
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or any Subcontractor.
16. PrevaiLingWage. Workers employed in the. work must be paid at rates at least equal
to the then current prevailing wage scale as determined 'by the State Director of the
Department of l ndustrial Relations. A copy is usually on file in the Office of the Director
of Parks & Publie Works.
17. Performance Bond and .Labor and .Materials Bond. At or prior to the delivery of the
signed Agreement Contractor shall deliverto Owner a Performance Bond and Labor
and'Materialperson's Bond. All bonds shall be on forms provided by Agency, and each
shall be in an amount equal fio 100% of the contract price. All bonds shall be approved
by the Director of Parks & Public Works of the.Agency of Los Gatos before Contractor
may proceed with the work. Failure or refusal to furnish bonds in the form satisfactory
to the Director of Parks & Public Works of the Town of Los Gatos shall subject the
Contractor to penalties for delay in commencement of the Scope of Services,
paragraph 1 herein.
Pursuant to California Public Contract Code §22300, the Contractor will be permitted,
at its request and sole expense, to substitute securities for any monies withheld bythe
Agency to ensure performance under the contract. Said securities will be deposited
either with the Agency or with the state or federally chartered bank as escrow agent.
Securities eligible forthis substitution are those listed in California Government Code
§16430 or bank or savings and loan certificate of deposit, interest bearing demand
deposit accounts, standby letters of credit, or-any other mutually agreed to by
Contractor and Agency. The Contractor shall be the beneficial owner of any securities
substituted for monies withheld and shall receive any interest thereon.
18. 'V1laiver. 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.
19. Governing Law. This Agreement, regardless of where executed, shall be governed by
and construed tothe 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.
20. Termination of .Agreement. The Agency and the Contractor shall 'have the right to
terminate this agreement with or without cause by giving not less than fifteen (15) days
written notice of termination. In the event of termination, the Contractor shall deliver
to the Agency all plans, files, :documents, reports, performed to date by the Contractor.
In the event of such termination, Agency hall pay Contractor an amount that bears the
same ratio to the maximum contract price as the work delivered to the Agency'bears
to completed services contemplated under this Agreement pursuant to .paragraph 6
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..
21. Amendment. No modification, waiver, mutual termination, or amendment of this
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Agreement is effective unless made in writing and signed by the Agency and the
Contractor.
22. 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.
23. Entire .Agreement. ThisAgreement, constitutes the complete and exclusive statement
of the Agreement between the Agency and Contractor. 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.
I'N WJTNESS V11HE'REOF, the Agency and Contractor have executed this Agreement
as of the date indicated on page one (1 ).
Town of Los Gatos Redevelopment Contractor, by:
Agency, By:
Signature
Debra ,J. Figone, Executive Director
Print Name
Recommended by:
John E. Curtis, Director of Parks & Public
Works
Approved as to Form:
Orry P. Korb., General Counsel
ATTEST:
Marian V. Cosgrove
Secretary to the Redevelopment Agency
Los Gatos, California
Title
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