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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. Revised: November 13, 2000 Page 1 of 7 N:\SHARE\CBCON02.wpd 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: Revised: November 13, 2000 Page 2 of 7 N;\SHARE\CBCON02.wpd 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. Page 3 of 7 Revised: November ] 3, .2000 N:\S HARE\CBCON02:wpd 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 Revised: November 13, 2000 Page 4 of 7 Ni\SHARE\CBCON02.wpd 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 Revised: November 73, 2000 Page 5 of 7 N:\SHARE\CBCON02.wpd 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 Revised: November 13, 2000 Page 6 of 7 N:\SHARE\CBCON02.wpd 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 .Revised: November 13, 200o Page 7 of 7 N i\SHARE\CBCON02. wpd