2002-047- Awarding A Construction Contract To American Asphalt Company For Project #02-06 Town Service Center Improvements Engineering Office Parking LotRESOLUTION 2002 - 47
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
AMERICAN ASPHALT COMPANY
FOR PROJECT # 02-06
TOWN SERVICE CENTER IMPROVEMENTS
(ENGINEERING 'OFFICE PARKING LOT)
WHEREAS, bids were sought in conformance with State and Town law for Project #02-
06 Town Service Center Improvements - (Engineering Office Parking Lot); and
WHEREAS, American Asphalt submitted the lowest bid which the Town Council deems
to be responsive to the Town's solicitation.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that American Asphalt Company is declared to
be the lowest responsible bidder for Project #02-06 Town Service Center Improvements -
(Engineering Office Parl~ing Lot).
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute a construction contract (Attached as Exhibit A) for said proj ect on behalf of
the Town in the .amount of $ 33.,215..00
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 15t~' day of April, .2002, 'by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynslci,
Mayor Randy Attaway
NAYS.: None
ABSENT: None
ABSTAIN: None ~~~~~~
SIGNED: MAYOIrOF THE TO OF LOS GATOS/
LOS GATOS, CALIFORNIA
ANTE/ST:
Li~.~..-~cJ a
U~ ,
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
A(~~~EEMENT FOR CONSTRUCTION( ~,RVLS
ORD.
SEC
THIS AGREEMENT is entered into this day of .2002, by an_d 8 ween e own
Los Gatos, .State of California, herein called the "Town", and Americ~n~-Aspiratt-£cr~~ `'~~
engaged in providing construction services herein .called the "Contractor".
RECITALS
A. The Town is considering undertaking activities to .perform construction services in
connection with Project 02-06 -Town Service Center Improvements - (Engineering
Office Parking Lot).
B. The Town desires to engage a contractor to provide equipment and perform all work related
to the Town Service Center 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:
1. Scope of Services. The Contractor shall provide the following services listed below and as
outlined in (Exhibit A).
This work involves grading and stabilizing the existing dirt parking lot, construction of curb
and gutter, paving of the parking lot, :and installation of wheelchair ramp from the parking
lot to the .new engineering office.
2. 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 ofthe work by
.April 30, 2002.
3. 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 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 that Contractor shall, at its sole cost and
expense, keep in effect or obtain at all tunes 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.
Exhibit A
4. Information/Rer" ~~andlin~. All documents furnished t " _ Tractor by the Town and all
reports and supportive data prepared by the Contractor un~tc~ this Agreement are the Town's
property and shal'1 be delivered to the Town upon the completion of Contractor's services or
at the Town's written request. 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 to the public, and the Contractor shal'1
not make any of the these documents or information available to any individual or
organizationnotemployed bythe Contractor or the Town without the written consent of the
Town before such release. The Town 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's use of the information contained in the reports prepared by the Contractor in
connection with other projects shall be solely at Town's :risk, unless Contractor expressly
consents to such use in writing. Town 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.
5. Compensation. Compensation for Contractor's services shall not equal or exceed :$33,215
as outlined in :(Exhibit B). 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 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 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 9.5030
6. Availability of Records. Contractor shall maintain the records supportingthis billing fornot
less than three (3) years following completion ofthe work under this Agreement. Contractor
shall make these records available to authorized personnel of the Town at the Contractor's
offices during business hours upon written request of the Town.
7. Project Manager. The Project Manager for the Town for the work under this Agreement
shall be Kevin Rohani, Town Engineer. The Project Manager for American Asphalt
Company for the work under this Agreement shall be Dale Kunz.
8. Ass ng abilit}! ,and Subcontracting. The services to be performed under this Agreement are
responsibility of the contractor and subcontractors approved in advance by the Town.
Contractor shall not assign this .Agreement or subcontract all or part of its obligations
hereunder without prior written .approval of the Town.
9. .Notices. Any notice required to be .given shall be deemed to be duly and properly given if
mai ed;postage prepaid, and addressed to:
To Town:
Director of Parks & Public Works
Town of Los Gatos
Post- Office Box 949
Los Gatos, CA 95030
To Contractor:
Operations Manager
American .Asphalt Company
P.O. Box 3367
Hayward, CA 94540-3367
or personally delivered to Contractor to such address or such other address as Contractor
.designates in writing to Town.
10. Independent Contractor. It is understood that the Contractor, in the performance of the work
and services agreed to be performed, shall aet as and be an independent contractor and :not
an agent or employee of the Town,. As an independent contractor he/she shall not obtain any
rights to retirement benefits or otherbenefits whichaccrue to Town employee(s). With prior
written 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. Contractorshall becompensated 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.
11. 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 & 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.
12. Performance Bond and Labor Materials Bond. At or prior to the delivery of the signed
Agreement, Contractor shall deliver to Ownerthe 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 1.00% 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 orrefusal 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.
i
Pursuant to Cali/" .,~a Public Contract Code §22300, the ~" .. !tor will be permitted, at its
request and sole expense, to substitute securities for any i~~ones withheld by the Town to
ensure performance under the contract. Said securities will be .deposited either with the
Town or with the state or federally chartered bank as escrow agent.
Securities eligible for this 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 the
Owner. The Contractorshall be the beneficial owner of any securities substituted for monies
withheld and shall receive any interest thereon.
13. 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, Contractor has no business holdings ~or agreements with any :individual
member of the Staff or management of the Town 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 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'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 of this employment relationship, and shall, at the Town's. sole
discretion, sever any such employment relationship. -
14. 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.
15. .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/her firm to an
amount not less than: one million do Lars ($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.. ~i' .~uctor shall provide to the Town al~~ .icates of insurance, with
or~gmal endorsements effecting coverage. Contractor agrees that all
certificates and endorsements are to be received .and approved by the Town
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 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, .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, its officers, officials, employees and voaunteers. Any insurance or
self-insurances maintained by the Town, its officers, officials, emp ogees or
voaunteers 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, 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. Current certification. of such
insurance shall be kept on file at all times during the term of this agreement with the
Town Clerk.
D. an 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 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.
16. Indemnifications" ~~~ Contractor shall save, keep and holf' .._ ,.less indemnify and defend
the Town its o~~cers, 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.
17. Waiver. 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.
18. Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of ahe State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
19. Termination of Agreement. The Town and ahe 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 .all
plans; files, documents, reports, performed to date by the Contractor. In the event of such
termination, Town shall pay Contractor an amount that bears the same ratio to the maximum
contract price as the work delivered to the Town 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 ofthe particular facts
and circumstances involved in such termination.
20. Amendment. No modficaton,waiver, mutual termination, or amendment ofthis Agreement
is effective unless .made in writing and signed by the Town and the Contractor.
21. :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.
22. Entire Agreement. This Agreement including Exhibit A & B, constitutes the complete and
exclusive statement of the Agreement between the Town and Contractor. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless .hereafter .made in writing and gned by the party to be bound, shall be binding on
either party.
IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement as ofthe
date indicated on page one (1).
Tow of Los Gatos, by:
Debra J. F' one; wn Manager
Contractor, by:
Signatu e
,Recommended by:
John C rti ,Parks & Public Works Director
Approved as to form:
O .Korb, Town Attorney
Attest:
Clerk of the Town of Los Gatos
Los Gatos, California
-~
Marian V: Cosgrove, Town Clerk
Print Name
~N/P~ ~~N-tt a 6/
Title
Engineering Office Parking Lot Reconstruction, Project # 02-06
Scope of Work
• Removal and disposal of 150 LF of AC Dike
• Grind and remove the top 3" of exiting parking lot surface - 9;000 SF
Scarify in place 6" of parking lot base material, rolland compact to 95% max. - 9,000 SF.
• Apply oil to the prepared base before placement of AC overlay - 9,000 SF
• .Place 3" AC Type A over the compacted base - 9,000 SF (2 lifts at 1.5" each lift)
• Installation of 150 LF of Concrete Curb and Gutter .per Town detail
• Installation of 180 LF of Concrete Vertical Curb per Town Detail
• Installation of One {1) wheelchair ramp and 15 LF of sidewalk behind this ramp per Town
Detail
• Stripe {paint) the parking lot for 29 spaces per Town Detail
\\GOSSIP\DATA\NET\PPWPJ\02-06\WP\scope of work.doc
- .Exhibit q
04/08/2002 17:01 5107236292 SALES PAGE 02
I Mafn t~lflte;
27601 INDUSTRIAL BLVD.
PO 80X 3367
NAYINARD, CA 94540-3367
Tei; 51t)-723-0280 Toll Froe aM800-541-6668
Sales Fax: b10-723-0292
License # 439591
American Asphalt
Repar6 Reswfaciryltn„ Inc.
DATA: 04/08/02
CHANGE ORDER #: 003338
ESTIMATOR: Dale Kunz
CLIENT:- .3719 Attn; Kevin Rohani PROJECT: 3339
Town of Los Gatos Service Ctr :Phone: (408) 399-5770 ~ Engin®ering Office Parking
Service Center Fax: (408) 354-8529 41 MIIes Avenue
P. O. Box 949 Los Gatos, CA
Los Gatos, CA 95031
ASPHALT 33,21S
Removal and disposal of 150 LF of AC Dike
Grind-and remove the Top 3" of existing .parking lot surface-9.,000 SF
Scarify in place 6" of parking lot base material, roll and compact to 95ffi max.
9,-000 SF,
Apply oil to the prepared. base `before placement of AC overlay - 9,000 SF
P1 ace 3" AC Type A over the compacted base-9.000 SF {2 lifts at 1.5" each lift)
lnstallation of 150 LF of Concrete Curb and Gutter per Town detail.
Installation of 180 LF of Concrete Vertical Gurb per Town detail,
Installation of One(1) wheelchair ramp and 15 LF of sidewalk behind this ramp per Town detail.
Strtipe (paint) the parking lot for 29 spaces per Town detail.
TOTAL BIO
1) PAYMENT TO BE MADE AS FOLLOWS: NET UPON COMPLETION
533,215
2) "Aa a Calltomla Contractor, work Is guaranteed against (allure sue to Poor workmanship or teuliy mat®flal, for a period of one year. However, we wIU fluararrtee the work
THREE YF1~RS provided payment 1s made per terms. Npn,pAyment per terms vokts extended guarantee".
ACCEPTANCE OF PROPOSAL- "All the terms and oondifione set rorM or1 the reverse glee b this Proposal end Contract ere incorporated herein by reference And have been
read and underabood by the underslyned. The etx)ve prices, Specificetlons and conditions are sattafactory end are hereby axeptad. You art auUlorized to do the work as
speclned."
Authorized Cueotmer Note: 1'Nla proposal Is
Signature: ony valid tor: _ 30 days
.Date
Contractor
Slgnah,re:
Dab Kunz Date
. Attachment 2