2003-055-Redevelopment Agency Of The Town Of Los Gatos Awarding A Construction Contract To Duran & Venables Inc. For Project # 03-41 Fairview Plaza Pedestrian Pathway ImprovementsRESOLUTION 2003 55
RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
DURAN & VENABLES, INC.
FOR PROJECT # 03 -41
FAIRVIEW PLAZA PEDESTRIAN PATHWAY IMPROVEMENTS
WHEREAS, bids were sought in conformance with State and Town law for Project #03-
41 Fairview Plaza Pedestrian Pathway Improvements; and
WHEREAS, Duran & Venables, Inc. submitted the lowest bid which the Town
Council /Redevelopment Agency deems to be responsive to the Town's solicitation.
WHEREAS, that the public improvements are of benefit to the project area or the
immediate neighborhood of the project area;
WHEREAS, that no other reasonable means of financing such public improvements are
available to the community;
WHEREAS, that the Redevelopment Agency's contribution to the cost of the public
improvement or facility will assist in elimination of one or more blighting conditions in the
project area;
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 Duran &
Venables Inc. is declared to be the lowest responsible bidder for Project #03 -41 - Fairview Plaza
Pedestrian Pathway Improvements.
BE IT FURTHER RESOLVED that the Town Manager/Executive Director is hereby
authorized and directed to execute a construction contract (Attached as Exhibit A) for said
project on behalf of the Town /Agency in the amount of $41,523.
PASSED AND ADOPTED at a regular meeting of the Town Council /Redevelopment
Agency of the Town of Los Gatos, California, held on the5t" day of May, 2003, by the following
vote:
COUNCIL /AGENCY MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: YAYOR OF THE TOWN OF LOS GATOS/
/CHAIR OF THE REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATTEST:
CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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AGREEMENT FOR CONSTRUCTION SERVICES _
THIS AGREEMENT is entered into this day of 2003, by nckb.tw.ee the awn 0f
Los Gatos Redevelopment Agency, State of California, herein calledttw,Town/Agen ", and_
Duran & Venables, Inc., engaged in providing construction services herein called the "Contractor".
A�
RECITALS
A. The Town/Agency is considering undertaking activities to perform construction services in
connection with Project 03 -41 - Fairview Plaza Pedestrian Pathway Improvements.
B. The Town/Agency desires to engage a contractor to provide equipment and perform all work
related to the Fairview Plaza Pedestrian Pathway Improvements because of contractor's
experience and qualifications to perform the desired work.
C. The Contractor 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:
Scope of Services. The Contractor shall provide the following services listed below and as
outlined in (Exhibit A).
Time of Performance. The services of the Contractor are to commence upon the execution
of this Agreement and issuance of a Town purchase order, with completion of the work by
June 30, 2003.
2. Compliance with Laws. The Contractor shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Contractor represents
and warrants to Town/Agency that it has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Contractor to practice its profession.
Contractor represents and warrants to Town/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 (building permit will be provided by the Town of Los Gatos), and approvals which
are legally required for Contractor to practice its profession. Contractor shall maintain a
Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los
Gatos. Contractor shall be responsible for employing or engaging all persons necessary to
perform the services under this Agreement.
3. Information/Report Handling. All documents furnished to Contractor by the Town/Agency
and all reports and supportive data prepared by the Contractor under this Agreement are the
Town/Agency's property and shall be delivered to the Town upon the completion of
Contractor's services or at the Town/Agency's written request.
Exhibit N
All reports, information, data, and exhibits prepared or assembled by Contractor in
connection with the performance of its services pursuant to this Agreement are confidential
until released by the Town/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 Town/Agency without the written consent of the Town/Agency
before such release. The Town/Agency acknowledges that the reports to be prepared by the
Contractor pursuant to this Agreement are for the purpose of evaluating a defined project,
and Town/Agency's use of the information contained in the reports prepared by the
Contractor in connection with other projects shall be solely at Town/Agency's risk, unless
Contractor expressly consents to such use in writing. Town/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.
4. Compensation. Compensation for Contractor's services shall not equal or exceed $41,523
as outlined in (Exhibit A). 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/Agency review, even if
only in partial or draft form.
Payment shall be net thirty (30) days.
All changes to this contract shall be in writing and signed by the Owner and the Contractor.
All invoices and statements to the Town/Agency shall reference the Town's purchase order
number and be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95030
Statements:
Town of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95030
Availability of Records. Contractor shall maintain the records supporting this billing for not
less than three (3) years following completion of the work under this Agreement. Contractor
shall make these records available to authorized personnel of the Town/Agency at the
Contractor's offices during business hours upon written request of the Town/Agency.
6. Project Manager. The Project Manager for the Town/Agency for the work under this
Agreement shall be Kevin Rohani, Town Engineer. The Project Manager for Duran &
Venables, Inc. for the work under this Agreement shall be Danny Duran.
7. Assignability and Subcontracting. The services to be performed under this Agreement are
responsibility of the contractor and subcontractors approved in advance by the Town/Agency.
Contractor shall not assign this Agreement or subcontract all or part of its obligations
hereunder without prior written approval of the Town/Agency.
8. Notices. Any no, e required to be given shall be deemed .; be duly and properly given if
mailed postage prepaid, and addressed to:
To Town: To Contractor:
Director of Parks & Public Works President
Town of Los Gatos Duran & Venables, Inc.
Post Office Box 949 261 Bothelo Avenue
Los Gatos, CA 95030 Milpitas, CA 95035
9. 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 Town/Agency. As an independent contractor he /she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town /Agency
employee(s). With prior written consent, the Contractor mayperform 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.
10. Wages. 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 Industrial
Relations. A copy is usually on file in the Office of the Director of Parks and Public Works.
Pursuant to California Labor Code § 1770, any Contractor who is awarded a public works
project and intends to use a craft of classification not shown on the general prevailing wage
determinations, may be required to pay the wage rate of that craft of classification most
closely related to it as shown in the general determinations effective at the time of the calls
for bids.
11. Performance Bond and Labor Materials Bond. At or prior to the delivery of the signed
Agreement, Contractor shall deliver to Owner the Performance Bond and Labor and Material
person's Bond. All bonds shall be on forms provided by Owner, and each shall be in an
amount equal to 100% of the contract price. All bonds shall be approved by the Director of
Parks & Public Works of the Town of Los Gatos before the successful bidder 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 bidder to penalties for
delay in commencement of the Work or revocation of the Award of Contract.
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 by the
Town/Agency to ensure performance under the contract. Said securities will be deposited
either with the Town/Agency or with the state or federally chartered bank as escrow agent.
Securities eligibl, or this substitution are those listed it .alifornia 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 the
Owner. The Contractor shall be the beneficial owner of any securities substituted for monies
withheld and shall receive any interest thereon.
12. Conflict of Interest. Contractor understands that its professional responsibilities is solely to
the Town. The Contractor has and shall not obtain any holding or interest within the Town
of Los Gatos Redevelopment Agency. Contractor has no business holdings or agreements
with any individual member of the Staff or management of the Town/Agency or its
representatives nor shall it enter into any such holdings or agreements. In addition,
Contractor warrants that it does not presently and shall not acquire any direct or indirect
interest adverse to those of the Town/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 Town/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
Town/Agency of this employment relationship, and shall, at the Town/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 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.
14. Insurance.
A. Minimum Scope of Insurance:
i. Contractor 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. 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 Town/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
Town/Agency before work commences.
iv. C .tractor agrees to have and maintain, ', the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which 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:
i. The Town/Agency, 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 Contractor; products and completed operations of
Contractor, premises owned or used by the 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 Town/Agency, its officers, officials, employees and volunteers. Any
insurance or self - insurances maintained by the Town/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 Town/Agency, its officers, officials,
employees or volunteers.
iv. The Contractor'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, canceled, 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/Agency. Current certification of such
insurance shall be kept on file at all times during the term of this agreement with the
Town Clerk/Secretary of the Redevelopment Agency.
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 Town/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 Town/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 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
Contractor, or any of the Contractor's officers, employees, or agents or any Subcontractor.
16. Waiver. Nofailul n the part of either party to exercise an} ,ht 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.
17. 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.
18. Termination of Agreement. The Town/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
Town/Agency all plans, files, documents, reports, performed to date by the Contractor. In
the event of such termination, Town/Agency shall pay Contractor an amount that bears the
same ratio to the maximum contract price as the work delivered to the Town/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.
19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement
is effective unless made in writing and signed by the Town/Agency and the Contractor.
20. 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.
21. Entire Agreement. This Agreement including Exhibit A & B, constitutes the complete and
exclusive statement of the Agreement between the Town/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.
Company: Parks and Public Works Department
hone: 408.399.5773 Fax: Date: April,23 2003
Street: 41 Miles Avenue
Job Name: Project 03 -41
City: Los Gatos, Ca. 95031
Job Streets: Fairview Plaza Pathway, Los Gatos, CA
Contact: Kevin Rohani -Town Engineer
We hereby submit the specifications and estimate for.:
1. Remove 600' of surface & pathway ranging from 7' to Vin width.
2. replace 600' of curb & gutter.
3. Smooth up pathway & compact to 90 %.
4. Remove ballards
5. Pave pathway with 3" of W asphalt.
6. Replace ballards & paint.
7. Install 30' of Curb and Gutter.
Base Bid $41,523.00
ADD:
Specific Conditions of this Proposal:
1. One move -in per phase of work and one continuous operation per move -in.
2. Any addftional phasing of our work will result in additional costs due to reduction in production and additional move -ins.
3. Any work requested by the Owner / Client to be performed in inclement weather or over - optimum moisture conditions will result in additional costs and will be
billed as time and materials.
4. Areas too wet to process will be removed and replaced on a time and material basis.
5. Our prices do not include working over, under or within five feet of underground devices of any description including, but not limited to, electrical lines, water
lines, gas lines, commodity transmission lines, T.V. and telephone lines, tunnels, vaults, etc.
6. Contract Number or Purchase Order Number will be needed before ANY work can be performed.
Excludes:
Permits, Testing, Fees, and Engineering, Striping, coatings, rock pockets left because of %" asphalt mix design.
We look forward to working with you on this project. If you have any questions, please do not hesitate to call.
All material is guaranteed to be as specified.
All work to be completed in a workmanlike manner
according to standard construction practices. Any
alteration or deviation from the above specifications
involving extra costs will be executed only upon
written direction, and will become an extra charge
over and above the estimate. All agreements
contingent upon strikes, accidents, weather or delays
beyond our control. Duran & Venables, Inc. is fully insured.
This proposal, may be withdrawn by us if not accepted within 45 days.
Duran & Venables, Inc. 1��
By:- tg3ll/`-'" —3
Danny Duran Date:04/23/2003
Acceptance of Proposal —The above prices, specifications and conditions are satisfactory and are hereby accepted. You
are authorized to proceed with the work. Payment will be made as outlined above.
Authorized Signature Date of acceptance
DURAN & VENMM INCORPORATED
261 BOTHELO AVENUE a MILPITAS, CA 95035
(408) 934 -7300 o CA LIC. 375068 A Attachment 2