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Staff ReportPREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Assistant Town Manager Town Attorney Finance N:\SHARE\COUNCIL REPORTS\2016\10-04-16\03 Blossom Hill Park Backstop Project\03 Staff Report FINAL.docx9/29/2016 3:16 PM SH MEETING DATE: 10/04/16 ITEM NO: 3 COUNCIL AGENDA REPORT DATE: SEPTEMBER 21, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: BLOSSOM HILL PARK BACKSTOP REPLACEMENT PROJECT 831-3407 A. AUTHORIZE THE TOWN MANAGER TO AWARD AND EXECUTE A CONSTRUCTION AGREEMENT WITH AAA FENCE COMPANY IN THE AMOUNT OF $91,392, PLUS A TEN PERCENT CONTINGENCY FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $100,531. B. AUTHORIZE THE TOWN MANAGER TO ACCEPT A ONE-TIME DONATION OF $25, 000 FROM LOS GATOS LITTLE LEAGUE AS A CONTRIBUTION TOWARDS THE BACKSTOP REPLACEMENT. RECOMMENDATION: 1. Authorize the Town Manager to award and execute a construction agreement with AAA Fence Company (Attachment 1) in the amount of $91,392, plus a ten percent contingency for a total contract amount not to exceed $100,531 for the Blossom Hill Park Backstop Replacement Project 831-3407. 2. Authorize the Town Manger to accept a one-time donation of $25,000 from the Los Gatos Little League (LGLL) as a contribution towards the backstop replacement. BACKGROUND: The current backstop at Blossom Hill Park is a “clam shell” design, which is now considered obsolete for little league play. This presents an inherent safety concern, specifically with the arch of the backstop which is directly over the home plate and is intentionally designed to contain pop flies. With this design, a pop fly can hit the overhead cross rail, propelling the baseball back at the batter, catcher or umpire, potentially causing injury. Based on conversations staff has had with LGLL Board Members, this concern is real with ongoing occurrences throughout the season. Additionally, the current backstop does not meet current earthquake standards and is showing signs of rust and stress factors in the supporting post structures. PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 16-831-3407 BLOSSOM HILL PARK BACKSTOP REPLACEMENT PROJECT - 831-3407 SEPTEMBER 21, 2016 BACKGROUND (cont’d): At the June 16, 2015 Council meeting, Council gave direction to minimize discretionary capital projects for FY 2015/16, pending resolution of needs for the Almond Grove Street Repair and Resurfacing project. As a result, $2.1 million dollars in proposed capital projects were placed on hold, including the Blossom Hill Park Little League Backstop project. At the November 3, 2015 Council meeting, Council authorized the release of $25,000 in funding for the Blossom Hill Park Little League Backstop Project. As Town staff coordinated with LGLL to identify the scope of work, it was determined that the project cost would be higher than the original approved budget of $25,000. At the January 19, 2016 Council meeting, an increase in funding for the replacement of the Blossom Hill Park Backstop Replacement Project was included and approved as a part of the Town’s Capital Improvement Program Budget for FY 2016/17. DISCUSSION: A formal bid was issued for this project, which included a base bid item for demolition and replacement of the backstop and two additive alternate bid items for a concrete mow band and asphalt pavement repairs along the footing of the backstop structure. The project plans and specifications were sent to three local contractor building exchanges and three fence contractors. On August 26, 2016, two bids were received, one from AAA Fence Company and one from Golden Bay Fence Company. The bid summary is included as Attachment 2. Both bids were found to be responsive and staff is recommending award to the low bidder, AAA Fence Company. CONCLUSION: Staff recommends that the Council: 1. Authorize the Town Manager to award and execute a construction agreement with AAA Fence Company in the amount of $91,392, plus a ten percent contingency for a total contract amount not to exceed $100,531 for the Blossom Hill Park Backstop Replacement Project 831-3407. 2. Authorize the Town Manger to accept a one-time donation of $25,000 from the Los Gatos Little League (LGLL) for the replacement of the backstop. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA and is categorically exempt [Section 15301(c) Existing streets, sidewalks, trails and similar facilities]. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 16-831-3407 BLOSSOM HILL PARK BACKSTOP REPLACEMENT PROJECT - 831-3407 SEPTEMBER 21, 2016 FISCAL IMPACT: The current license agreement between the Town and Los Gatos Little League “Licensee” states: “Should it become necessary to make any capital repairs or improvements to common buildings or structures of the premises which include replacement, Licensee shall pay its proportional share of those costs which is hereby agreed to be fifty percent (50%), but shall not exceed a total of twenty-five thousand dollars ($25,000) over the initial term of this agreement.” Los Gatos Little League (Licensee) will donate $25,000 for the replacement of the backstop in alignment with the agreement. Additional funding for this project will come from the Blossom Hill Park – Little League Backstop Project. There are sufficient funds available for this project through the Town’s adopted FY 2016/17 - 2020/21 Capital Improvement Program Budget as demonstrated in the table below. Attachments: 1. Construction Agreement 2. Bid Summary Adopted Expended/Proposed Budget Encumbered Available Project Use of Funds FY 2016/17 FY 2016/17 Balance Cost Blossom Hill Park - Little League Backstop Project $110,000 $0 $110,000 $100,531 TOTALS $110,000 $0 $110,000 $100,531 Source of Funds GFAR Little League Contribution TOTALS Blossom Hill Park - Little League Backstop Project PROJECT 831-3407 $85,000 $25,000 $110,000 Adopted Budget FY 2016/17 AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT CONSTRUCTION AGREEMENT This Agreement is dated for identification this 4th day of October, 2016, and is made by and between the TOWN OF LOS GATOS, a California municipal corporation, whose address is 110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and AAA FENCE CO. INC., whose address is 2746 SCOTT BLVD, SANTA CLARA, CA 95050 (hereinafter "CONTRACTOR"). NOW, THEREFORE, the parties agree: ARTICE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said TOWN, and under the conditions expressed in the two bonds hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost and expense, to do all the work and furnish all the materials and equipment necessary to construct and complete, in accordance with the plans and specifications hereinafter mentioned, in a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or his, of the TOWN OF LOS GATOS, California, all the works and improvements described, mentioned and set forth in those plans and specifications on file in the Office of the Parks and Public Works of said TOWN, entitled: "Plans and Specifications for Project #16-831-3407 Blossom Hill Park Backstop Replacement which said plans and specifications and all the documents therein contained, including the TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such reference made part of this contract. ARTICLE II: CONTRACTOR'S ACCEPTANCE CONTRACTOR agrees to receive and accept the prices shown on Exhibit "A," which is attached hereto and incorporated by reference herewith, as full compensation for furnishing all materials and equipment and for doing all the work described in the contract documents; also for all loss or damage as provided in the contract documents in the prosecution of the work until its acceptance by the Town Council of the TOWN OF LOS GATOS, and for well and faithfully completin g the work, and the whole thereof, in the manner and according to the contract documents, plans and specifications, and the requirements of the Town Engineer. ARTICLE III: ACCEPTANCE BY TOWN The said TOWN hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT ARTICLE IV: COMPLETION OF AGREEMENT Inasmuch as the work called for under this contract concerns a needed public improvement, the time of performance and completion of this work is of the essence of this contract. It is expressly understood and agreed by the parties hereto that all the work called for under this contract, in all its parts and requirements, shall be completed thirty (30) working days from Notice to Proceed. ARTICLE V: HOURS OF LABOR The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty -Five Dollars ($25) for each workman employed in the execution of the contract by him or by any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and all amendments thereto. ARTICLE VI: APPRENTICES Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code governing the employment of apprentices by the CONTRACTOR or any subcontractor under him. CONTRACTOR and any of his subcontractors shall comply with the requirements of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance with the said sections regardless of any other contractual or employment relationships alleged to exist. Information relative to apprenticeship standards and other requirements may be obtained from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards at its branch offices. ARTICLE VII: NONDISCRIMINATION The CONTRACTOR sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate. ARTICLE VIII: INDEPENDENT CONTRACTOR It is agreed that CONTRACTOR is an independent contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and employees, and said persons shall not be deemed agents, servants or employees of TOWN. ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics, writings, recordings and other tangible materials regardless of form or format, including, without limitation, electronically transmitted documents and ACAD files, and other collateral materials collected, compiled, drafted, prepared, produced and/or generated in the performance o f this Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such documents to TOWN upon TOWN's request. AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT In the event that this Agreement is terminated prior to completion of the scope of work, CONTRACTOR shall provide all such data and documents to TOWN forthwith. ARTICLE X: INSURANCE a. Commercial General Liability/Automobile Liability Insurance: CONTRACTOR shall obtain and maintain Commercial General Liability insurance and Automobile Liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. CONTRACTOR's insurance coverage shall be written on an occurrence basis. b. Workers' Compensation Insurance: CONTRACTOR shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance in the amount of One Million Dollars ($1,000,000) per accident. CONTRACTOR is familiar with the Workers' Compensation laws of California (generally contained in Section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry Workers' Compensation insurance, and CONTRACTOR maintains they are exempted under the law from the requirement to maintain Workers' Compensation insurance coverage. In addition, during the term of any work for TOWN under said agreement: (1) CONTRACTOR will not employ any person in any manner so as to become subject to the Workers' Compensation laws of California, or (2) should CONTRACTOR become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code for any reason, CONTRACTOR shall forthwith comply with those provisions and send evidence of financial compliance to TOWN. c. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to TOWN. d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be received and approved by TOWN before work commences, and insurance must be in effect for the duration of the contract. The absence of insurance or a reduction of stated limits shall cause all work on the project to cease. Any delays shall not increase costs to TOWN or increase the duration of the project. e. Other Insurance Provisions: (1) The TOWN OF LOS GATOS, its officers, officials, employees and volunteers are to be covered as additional insured by Endorsement CG 20 10 11 85 or other endorsement approved by Town Attorney for Commercial General and Automobile Liability coverage. (2) For any claims related to this project, CONTRACTOR's insurance coverage shall be primary and any insurance or self-insurance maintained by TOWN, its officers, officials, employees and volunteers shall not contribute to it. (3) Each insurance policy required shall be endorsed that a thirty (30) day notice be given to TOWN in the event of cancellation or modification to the stipulated insurance coverage. AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT (4) In the event CONTRACTOR employs subcontractors as part of the work covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that all subcontractors comply with the same insurance requirements that are stated in this Agreement. (5) Approval of the insurance by TOWN or acceptance of the Certificate of Insurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be held responsible for payment of damages resulting from CONTRACTOR's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of TOWN's rights to insurance coverage hereunder. (6) If, for any reason, CONTRACTOR fails to maintain insurance coverage that is required pursuant to this contract, the same shall be deemed a material breach of contract. TOWN, at its sole option, may terminate this contract and obtain damages from CONTRACTOR resulting from said breach. Alternately, TOWN may purchase such required insurance coverage, and without further notice to CONTRACTOR, TOWN may deduct from sums due to CONTRACTOR any premium costs advanced by TOWN for such insurance. ARTICLE XI: HOLD HARMLESS CONTRACTOR hereby agrees to and shall hold TOWN, its elective and appointive boards, commissions, officers, agents, registered volunteers, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage and any other claims of any sort whatsoever, including, but not limited to, any liabilities, claims, losses, or expenses in any manner caused by, arising out of, or in con nection with, either directly or indirectly, the construction or installation of the work, the guarding of the work, the use of improper materials in construction of the work, or the negligent, willful, or intentional acts or omissions by CONTRACTOR or CONTRACTOR's subcontractors, agents, or employee operations under this Agreement, whether such operations by CONTRACTOR or by any of CONTRACTOR's subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for CONTRACT OR or any of CONTRACTOR's subcontractors during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONTRACTOR for default of this Agreement or arising from the sole active negligence or willful misconduct of the TOWN. The Town Council may retain so much of the money due to the CONTRACTOR as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or claims for damages as aforesaid. CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, and employees from any suits or actions at law or in equity arising out of the execution, adoption or implementation of this Agreement (exclusive of any such actions brought by CONTRACTOR), such indemnification to include all costs of defense, judgments, and any awards of attorneys' fees. Should any accident or incident causing death, personal injury or property damage occur between the date CONTRACTOR is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, CONTRACTOR's obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no manner be affected by the fact that the TOWN had not received the notice of cancellation prior to the date of such accident or incident. AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT ARTICLE XII: BONDING REQUIREMENT CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by the TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial Management Service and shall be listed on the most current Treasury Circular 570 as contained in the Federal Register. Contractor agrees to allow ten percent of the faithful performance bond to remain in effect for a period of two years following Town Council project acceptance as guarantee for any needed repair or replacement caused by defective materials and workmanship. ARTICLE XIII: MAINTENANCE AND GUARANTY CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a two (2) year period subsequent to the date of final acceptance. This article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period, nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty certificates upon completion of the project. ARTICLE XIV: SHORING FOR TRENCHES If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of the Labor Code shall also be applicable. ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES This Agreement shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on comparable fees of private attorneys practicing in Santa Clara County. ARTICLE XVI: LIQUIDATED DAMAGES It is mutually agreed by CONTRACTOR and TOWN that in the event that completion of the construction by CONTRACTOR under this Agreement is delayed beyond DATE, TOWN will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, CONTRACTOR shall pay to TOWN the sum of Five Hundred Dollars ($500.00) per day in liquidated damages for each and every cale ndar day such delay in completion of the services under this Agreement continues beyond DATE. In the event that the liquidated damages are not paid, CONTRACTOR agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to CONTRACTOR under this Agreement. AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT ARTICLE XVII: INTERPRETATION OF CONTRACT It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE XVIII: AMENDMENTS AND CHANGE ORDERS This Agreement may be amended from time to time as necessary by formal and written amendment or authorized change order executed by the Town Manager or designee and principal acting on behalf of the CONTRACTOR. ARTICLE XIX: DBE RESPONSIBILITIES For projects that are State or Federal funding; With respect to Disadvantaged Business Enterprises, CONTRACTOR shall do the following: (1) Pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime contractor receives from TOWN. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors. (2) Release all retainage owed to a subcontractor for satisfactory completion of the accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors. ARTICLE XX: PREVAILING WAGES Reference is hereby made to copies of the general rate of per diem wages as determined by the Director of the Department of Industrial Relations which may be obtained from the State of California. For failure to pay the prevailing wages, the CONTRACTOR shall forfeit, as a penalty, to the TOWN, Fifty Dollars ($50) for each workman for each calendar day or portion thereof who is paid less than the stipulated prevailing wage for work done under this contract, in violation of the provisions of the Labor Code, Sections 1770 to 1780, inclusive. In addition to said penalty, the CONTRACTOR, or subcontractor, shall pay to each worker the difference between the prevailing wage and the amount paid to said worker for each calendar day for which said worker was paid less than the prevailing wage. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and/or the Town of Los Gatos. AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT ARTICLE XXI: ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. ARTICLE XXII: PUBLIC RECORDS The parties recognize and acknowledge that TOWN is subject to the California Public Records Act, California Government Code Section 6250 and following. Public records are subject to disclosure. ARTICLE XXIII: NOTICES Any notice required to be given to CONTRACTOR shall be deemed to be duly and properly given if mailed to CONTRACTOR, postage prepaid, addressed to: AAA FENCE COMPANY, INC. 2746 SCOTT BLVD. SANTA CLARA, CA 95050 or personally delivered to CONTRACTOR at such address or at such other addresses as CONTRACTOR may designate in writing to TOWN. Any notice required to be given TOWN shall be deemed to be duly and properly given if mailed to TOWN, postage prepaid, addressed to: Lisa Petersen, P.E. Town Engineer TOWN OF LOS GATOS 41 Miles Avenue Los Gatos, California 95030 or personally delivered to TOWN at such address or at such other addresses as TOWN may designate in writing to CONTRACTOR. ARTICLE XXIV: SECTION 7106 FORM Attached to the Agreement is a fully executed and sworn non-collusion affidavit as required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated herein by this reference. AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first written above. APPROVED AS TO CONTENT: Matt Morley Director of Parks and Public Works APPROVED AS TO FORM: Robert Schultz Town Attorney "TOWN": TOWN OF LOS GATOS By: Laurel Prevetti Town Manager Attest: Shelley Neis Clerk Administrator CONTRACTOR: Name: _____________________________ Address: Tax ID No. or SSAN: By: Title: By: Title: Corporate Seal CONTRACTOR'S BOND FOR LABOR AND MATERIAL KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , incorporated under the laws of the State of and authorized to execute bonds and undertakings as Surety, are held and firmly bound unto any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting implements or machinery, or hiring crews, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the contractor, company, or corporations in the just and full sum of __________________________ Dollars ($__________), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally firmly by these presents. The condition of the foregoing obligation is such that; WHEREAS, the above-bounden Principal has entered into a certain contract attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to wit: Project #16-831-3407 Blossom Hill Park Backstop Replacement as required by the plans and specifications, pursuant to the award made to said contractor by the Council of the TOWN OF LOS GATOS, on October 4, 2016, as will more fully appear by reference to the minutes of said Council of said TOWN of said date. NOW, THEREFORE, if the above-bounden Principal, contractor, person, company, or corporation, or his agent, or the subcontractors, fails to pay for any materials, pro visions, provender, or other supplies, or crews used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or for any amount required to be deducted, withheld, and paid over to Franchise Tax Board, from the wages of employees of the contractor or subcontractor, pursuant to Section 18806 of the Revenue and Tax Code, then the Surety of this bond will also pay the same in an amount not exceeding the sum specified in the bond; and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. This bond is executed and filed to comply with the provisions of Sections 3247, et seq., of the Civil Code. Signed and sealed this day of , 2016. BY: CONTRACTOR (CORPORATE SEAL) BY: SURETY (Address and Phone No.) (SURETY SEAL) The amount of the within obligation is hereby fixed by the TOWN Council in the sum of Ninety One Thousand Three Hundred Ninety Two Dollars ($91,392.00), that sum being one hundred percent (100%) of the contract price, is by said TOWN Council deemed adequate, and is the sum fixed by it for that purpose and the TOWN Manager is hereby authorized to approve said bond. APPROVED AS TO FORM: _____________________________ ________________________________ Robert Schultz, Town Attorney Laurel Prevetti, Town Manager ATTEST: _____________________________ Shelley Neis, Clerk Administrator CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and ______________________________________________________________________, incorporated under the laws of the State of _______________, and authorized to execute bonds and undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a municipal corporation of the State of California, in the sum of __________________ Dollars ($_________), for payment whereof, well and truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, the above -bounden Principal has entered into a certain contract attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to wit: Project #16-831-3407 Blossom Hill Park Backstop Replacement as required by the plans and specifications, pursuant to the award made to said contractor by the Council of the TOWN OF LOS GATOS, on October 4, 2016, as will more fully appear by reference to the minutes of said Council of said date. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. NOW, THEREFORE, if the above-bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise, to remain in full force and effect. Signed and sealed this day of , 2016. BY: CONTRACTOR (CORPORATE SEAL) BY: SURETY (Address and Phone No.) (SURETY SEAL) The amount of the within obligation is hereby fixed by the TOWN Council in the sum of One Thousand Three Hundred Ninety Two Dollars ($91,392.00), that sum being one hundred percent (100%) of the contract price, is by said TOWN Council deemed sufficient and adequate, and is the sum fixed by it for that purpose. APPROVED AS TO FORM: _____________________________ ________________________________ Robert Schultz, Town Attorney Laurel Prevetti, Town Manager ATTEST: _____________________________ Shelley Neis, Clerk Administrator BID FORM TO: The Town of Los Gatos, County of Santa Clara, State of California, herein called Owner FROM: AAA Fence Company, Inc. , herein called Contractor A. UNIT PRICE SCHEDULE Pursuant to and in compliance with your Notice to Contractors and the Contract Documents relating to the PROJECT #16-831-3407 Blossom Hill Park Backstop Replacement, including Addenda No. 1 2 , 3 , the undersigned bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with the local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, and having inspected the site in all particulars, hereby proposes and agrees to fully perform the work within the time stated and in strict accordance with the Contract Documents (including the furnishing of any and all labor and materials) and do all the work required to construct and to complete said work in accordance with the Contract Documents, and that Contractor will take in full payment therefore the amounts shown on the following unit price schedule: Project # 16-831-3407 Blossom Hill Park Backstop Replacement Part 1 — Page 3 Project Specifications BESC SAMPLE SCHEDULE OF QUANTITIES Project #16-831-3407 Blossom Hill Park Backstop Replacement BASE BID: ITEM NO. SPEC. SECTION ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION 1. 10-2 Demolish Existing Backstop (Remove fence posts, footings, and AC pavement) L.S. 1 $7,500.00 $7,500.00 2. 10-3 Install Backstop L.S. 1 $49,924.00 $49,924.00 TOTAL BASE BID (ITEMS #1-2): $ 57,424.00 ADD. ALTERNATE 1 BID: A1.1. 10-2 Sawcut and Remove Existing AC Pavement L.F. 160 $5.50 $880.00 A1.2. 10-4 Install Concrete Grade Beam L.F. 160 $136.40 $21,824.00 A1.3. 10-5 Install New AC Pavement Along the Base of New Backstop L.F. 160 $70.40 $11,264.00 TOTAL ADD. ALTERNATE BID (ITEMS #A1.1-A1.3): $33,968.00 GRAND TOTAL BID (BASE BID + ADD. ALTERNATE 1 BID): $91,392.00 A class C-13 California Contractor's License is required. Project #16-831-3407 Blossom Hill Park Backstop Replacement Part I — Page 4 Project Specifications BESC SAMPLE BID FORM The quantities shown on this bid form are approximate only, being given as a basis for the comparison of bids, and the Owner does not, expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount or class or portion of the work as may be deemed necessary or advisable by the Director of Parks & Public Works. This bid will be rejected if bidder fails to provide a bid for each item. The Owner reserves the right to make a comparison of bids based on any combination of the above alternate bid items. C. RESERVATION It is understood that the Owner reserves the right to reject this bid, but that this bid shall not be withdrawn for a period of 60 days from the date prescribed for its opening. D. SUBCONTRACTORS Attached hereto and incorporated herein is the complete and entire list of subcontractors to be employed by the undersigned in the performance of the work. E. NOTICE If written notice of the acceptance of this bid is mailed or delivered personally to the undersigned within 60 days after the date set for the opening of this bid, or at any time thereafter before it is withdrawn, the undersigned bidder shall execute and deliver the Contract Documents to Owner in accordance with this bid as accepted, and will also furnish and deliver to Owner the Performance Bond, Labor and Material Bond as specified, and proof of insurance coverage as required in Part I, under "Construction Agreement," of these Specifications, all within 10 calendar days after personal delivery or after deposit in the mails, of the notification of acceptance of this bid. The above mentioned bonds shall be satisfactory to, and on the forms approved by Owner. Notice of acceptance or request for additional information may be addressed to the undersigned at the address set forth below. F. DISCLOSURE The undersigned declares that this bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that the bid is genuine and not collusive or sham; that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded or agreed with any bidder or anyone else to put in a sham bid or to refrain from bidding; that the undersigned has not directly or indirectly sought by agreement, communication or conference with anyone to fix his/her bid price or the bid price of any other bidder, or to fix any overhead, profit or cost element of such bid price or of that of any other bidder, or to secure any advantage against the Town of Los Gatos or anyone interested in the proposed Contract; that the only persons or parties interested in this bid as principals are those named herein; that all statements contained in this bid are true; that the undersigned has not directly or indirectly, submitted his/her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any other persons, partnership, corporation, or association except to such person or persons as have a direct financial interest in bidder's general business; and that the undersigned has not accepted any bid from any subcontractor or materialperson through any bid Project #16-831-3407 Blossom Hill Park Backstop Replacement Part 1— Page 5 Project Specifications BESC SAMPLE depository, the Bylaws, Rules or Regulations of which prohibit or prevent the undersigned from considering any bid from any subcontractor or materialperson, which is not processed through said bid depository, or which may prevent any subcontractor or materialperson from bidding to any general contractor who does not use the facilities of or accept bids from or through such bid depository; and that the undersigned has not paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. G. WORDS AND PHRASES Wherever in this bid an amount is stated in both words and figures, in case of discrepancy between words and figures, the words shall prevail; if all or any portion of the proposal is required to be given in unit prices and totals and a discrepancy exists between any such unit prices and totals so given, the unit prices shall prevail. H. CERTIFICATION The undersigned certifies that the Contract Documents have been thoroughly read and understood and that, except as may be specifically noted and contained in addenda, there are no discrepancies or misunderstandings as to the meaning, purpose or intent of any provision in the Contract Documents or as to the interpretation of the same. The undersigned hereby incorporates by reference, the same as though set out in full, all provisions of the Notice to Contractors and Information for Bidders published by Owner and pertaining to the work described in this bid. Accompanying this bid is Bidders Bond [insert words "cash", "cashier's check", "certified check", or "bidder's bond", as the case may be], in amount equal to at least 10% of total of the bid, naming the Owner as Obligee or Payee, as applicable. The names of all persons interested in the foregoing bid as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, give legal name of corporation, state where incorporated and names of the president and secretary thereof; if a partnership, give name of the firm, also names of all individual co-partners composing firm; if bidder or other interested person is an individual, give first and last names in full. AAA Fence Company, Inc. - Scott Hutchings -President, Carol Hutchings -Vice President & Secretary I. LICENSING The undersigned is licensed in accordance with State Law providing for the registration of Contractors, License No. 522762 . [A class "C-13" Specialty Contractor's License is required.] The License expiration date is 01/31/2018 . No payment for work or material under this Contract will be made by Owner unless and until the Owner receives verification from the State Registrar of Contractors that the records of the Contractor's State License Board indicate the successful bidder was properly licensed at the time the Contract was awarded. Any bidder not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, an appropriate disciplinary action by the Contractor's State License Board. Project #16-831-3407 Blossom Hill Park Backstop Replacement Part 1 — Page 6 Project Specifications BESC SAMPLE In addition, failure of the bidder to obtain and maintain proper and adequate licensing for the Contract shall constitute a failure to execute or perform this Contract and shall result in the forfeiture of the security of the bidder. The representations made herein are under penalty of perjury. NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth below, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co -partnership, the name of the firm shall be set forth below, together with the signatures of the partner or partners authorized to sign contracts in behalf of the co -partnership; and if bidder is an individual, his/her signature shall be placed below. I declare under penalty of perjury that I have the authority to execute this bid form and that the foregoing is true and correct. BUSINESS ADDRESS: 2746 Scott Blvd., Santa Clara, CA 95050 PLACE OF RESIDENCE: Santa Clara County DATE: 08/25/2016 BIDDER: AAA Fence Company, Inc. (FIRM NAME) BY: Scott Hutchings TITLE: President ADDRESS / TELEPHONE: 2746 Scott Blvd., Santa Clara, CA 95050 408-727-5465 CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION NUMBER: 1000002526 Project # 16-831-3407 Blossom Hill Park Backstop Replacement Part I — Page 7 Project Specifications BESC SAMPLE LIST OF SUBCONTRACTORS In compliance with the provisions of §§4100-4107 of the Public Contracts Code of the State of California, and any amendments thereof, the undersigned bidder has set forth below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the undersigned in or about the construction of the Work to be performed under the Contract Documents to which the attached bid is responsive, or of a person who will, off the job site, specially fabricate a portion of the Work or improvement according to detailed drawings contained in the Standard Specifications, Part II, and the portion of the Work which will be done by each such subcontractor or person that will be in an amount in excess of 'A of 1% of the prime Contractor's total bid, or $10,000, whichever is greater. Prime Contractor shall list the California Department of Industrial Relations (DIR) number for all subcontractors working on the project. DIVISION OF WORK SUBCONTRACTOR COST OF ADDRESS DIR # WORK Paving - Silicon Valley Paving - $33,968.00 - P 0 Box 26558, San Jose, CA 95159 - #1000005040 Project # 16-831-3407 Blossom Hill Park Backstop Replacement / (Bidder's Signature) Part I — Page 9 Project Specifications BESC SAMPLE State Of Caltfornia ck CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE 522762 - CORP ,- AAA FENCE COMPANY INC .,, 013 01/31/2018 www cslb ca gov AAA Fence Company, Inc. DIR Registration Expiration 06/30/2017 Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1(commencing with section 1720) of the California Labor Code. Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Number:1000002526 Contractor Legal Name: AAA Fence Company, Inc. License Number:522762 Public Works Contractor Registration Web Search Results One Registered Contractor found.1 License Type / Number(s) Registration Date Expiration Date A.A.A. FENCE COMPANY, INC. 1000002526 CSLB:522762 06/27/2016 06/30/2017 BIDDER'S BOND KNOW ALL PERSONS BY THESE PRESENTS: Developers Surety and Indemntiy Company That we, AAA Fence Company, Inc. as Principal, and / as Surety, are held and firmly bound unto the Town of Los Gatos, a municipal corporation of the State of California (hereinafter called "Town") in the penal sum of 10% of the total aggregate amount of the bid of the Principal above named, submitted by said Principal to the Town for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of Ten Percent of Bid Amount ($ 10% ) dollars. The condition of this obligation is such that a bid to the Town for certain construction specifically described as follows, for which bids are to be opened on Friday, August 26, 2016, at 2:00 p.m., has been submitted by Principal to Town: Blossom Hill Park Backstop Replacement, Project #16-831-3407 BID TOTAL from BID SCHEDULE: Ten Percent of Bid Amount (10%) The quantities shown on this bid form are approximate only, being given as a basis for the comparison of bids, and the Owner does not, expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount or class or portion of the work as may be deemed necessary or advisable by the Director of Parks & Public Works. NOW THEREFORE, if the Principal is awarded the Contract and within the time and manner required under the Specifications, after the prescribed forms are presented to the Principal for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files 2 bonds with the Town, to guarantee faithful performance of the Contract and to guarantee payment for labor and materials as provided by law as well as files insurance certificates and equal employment opportunity documentation required under the bid, then this obligation shall be null and void; otherwise, it shall remain in full force. In the event suit is brought upon said bond by Town, and judgment is recovered, the Surety shall pay all costs incurred by Town in such suit, including a reasonable attorney's fee to be fixed by the Court. Project #16-831-3407 Blossom Hill Park Backstop Replacement Part I — Page 11 Project Specifications BESC SAMPLE IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23rd day of August , 2016 . PRINCIPAL: AAA Fence Company, Inc. (Seal) (Seal) (Principal) 2746 Scott Blvd. Scott R. Hutchings SURETY: urety and Inde , ty Company (Seal) Ian Wright President Attorney -in -Fact (Seal) (Principal) (Address) Santa Clara, CA 95050 (City, State, Zip) 408.727.5465 (Phone Number) P. O. Box 19725 (Address) Irvine, CA 92623-9725 (City, State, Zip) 949.263.3300 (Phone Number) NOTE: Attach Notary Acknowledgment for signatures of those executing for Principal and Surety. Project#16-831-3407 Blossom Hill Park Backstop Replacement Part I — Page 12 Project Specifications BESC SAMPLE A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGEMENT State of California County of Santa Clara On -;Zr^/b before me, R Crawford, a Notary Public, personally appeared Ian Wright who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sloe/tl executed the same in his/her/tkeif authorized capacity(ies), and that by his/her/the-if signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. z z z R. CRAWFORD Commission # 2066837 Notary Public - California Santa Clara County My Comm. Expires May 3, 2018 Signature L� j/ (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint ***Ian Wright, James Untiedt, Cynthia Johnson, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. By: By: Daniel Young, Senior Vice -President Mark Lansdon, Vice -President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 29, 2015 Date personally appeared before me LUCILLE RAYMOND 4! Commission # 2081945 •' )s Notary Public - California ; _- �� ?' Orange County Comm. Exelres Oct 13.2018t Place Notary Seal Above Lucille Raymond, Notary Public Here Insert Name and Tile of the Officer Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certity under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CERTIFICATE Lucill( I#ay ond, Notary Public ckA/7 The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. By: This Certificate is executed in the City of Irvine, Califomia, this 0,234,,j, day of Cassie J. rrisford, Assistant Se tary 4 4vllr,203/6 ID-1380(Rev.01/15) Cl it i.. August 26, 2016 at 2:00 P.M. at the Civic Center Golden Bay Fence Plus Iron Works EXTENSION O 0 CV co 69 o 0 rn co in ER BASE BID $69,518.00 TOTAL UNIT PRICE $14,822.00 $54,696.00 AAA Fence Co. EXTENSION 0 O BASE BID $57,424.00 TOTAL 0 0 6 V 0 u-) CV on 1- CA 69 UNIT PRICE Ca CJ O o 0 V 0 LSS cia CV 0) 1- 69 Uy. .13JCI• 1- 2 U) CO J J 6 co ITEM DESCRIPTION Demolish Existing Backstop (Remove fence posts, footings, and AC pavement) Install Backstop �z r N CQ [ Golden Bay Fence Plus Iron Works EXTENSION I o 0 ao CV CV 69 0 0 0 00 V C') CV 64 o 0 0 co CV 415 ER ADD ALT. $30,888.00 TOTAL 1— Lli CL $1330 $146.75 CS O rS C.7 FA AAA Fence Co. EXTENSION 0 0 C> ADD ALT, $33,968.00 TOTAL O 0 0 O R V CO CO CV CO CD CV 69 ' CV EA EA UNIT PRICE o o o Lo V (!) Cfl O EH C7 ti 49 ADO ALTERNATE: EST. QTY. O o 0 CD CO CO 1- 2 LL. J U J U _i ITEM DESCRIPTION Sawcut and Remove Existing AC Pavement Install Concrete Grade Beam Install New AC Pavement Along the Base of New Backstop w d CV M F z Q ¢ 4 0 0 O O O GRANO TOTAL GRAND TOTAL BID (BASE BID +ADD ALTERNATE` BID):