2002-046- Awarding A Construction Contract For Project #02-14 Sv-Its Enhancement
RESOLUTION 2002 - 46
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT
FOR PROJECT # 02-14 - SV-ITS ENHANCElYIENT
WHEREAS, bids were sought in conformance with State and Town law for Project #02-
14 SV-ITS Enhancement; and
WHEREAS, Advanced Cutting & Paving Company 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 Advanced Cutting & Paving Company
is declared to be the lowest responsible bidder for Project #02-14 - SV-ITS Enhancement.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute a construction contract .(Attached as Exhibit A) .for said project on behalf of
the Town in the amount of $ 29,900.
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
G~~ ~i~j ~
SIGNED: MAYOR OF E TOWN O LOS GATOS/
LOS GATOS, CALIFORNIA
AT~}T'ES~T:
CLERK OF THE TOWN OF LOS OS ~
LOS GATOS; CALIFORNIA
At~x~EEMENT FOR CONSTRUCTION~~~:RVIC~~ ~~ • ~,~r~
IHH __ •
THIS AGREEMENT is entered into this day of 2002, by and be~~;~serrt~~o~$~vu-af-Lns____-
Gatos, State of California, herein called the- "Town", and Advanced Cutti_i~=& Paving ComPa_ ny i
engaged in providing construction services herein called the "Contractor" .~,~;~~. ,~2~?C~,Z -i;1~
.RECITALS
A. The Town is considering undertaking .activities to perform construction services in
.connection with Project 02-14 - SV-ITS Enhancement.
B. The Town desires to engage a contractor to provide equipment and perform all work related
to the SV-ITS Enhancement Project 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).
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 of the work by
May 3, 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 times during the term of this Agreement-any licenses,
. permits (building permit will be provided by the Town of Los Gatos), .and approvals which
are legally required for Contractor to practice its profession. Contractor shall maintain a
Town of Los Gatos business licensepursuant 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.
4. Information/Report Handling. All documents furnished to Contractor by the Town .and all
reports-:and supportive data prepared by the Contractor under this Agreement are the Town's
property and shall be delivered to the Town upon the completion of Contractor's services or
at the Town's written request.
Exhibit A
All reports, i ~ .lation, data, .and exhibits prepared .ssemb ed by Contractor in
connection wit~F one performance of its services pursuant ~., this .Agreement are confidential
until released by the Town to the public,. and the Contractor shall not snake any of the these
documents-or information available to any-individual or organization not employed by the
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 $ 29,900
as outlined in Exhibit B. Balling shall be accompanied by a detailed explanation ofthe 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 supporting this billing for not
less than three (3) years following completion of the work under this Agreement. Contractor
shall make these records available to authorized personnel of the Town at the Contractor's
offices during business hours upon written request of the Town.
7. Proiect Manager. The Project Manager for the Town for the work under this Agreement
.shall be Kevin Rohani, Town Engineer. Thy .Project Manager for Advanced Cutting &
Paving Company for the work under this Agreement shall be Dennis Amundson.
8. Assignability and Subcontracting. The services to be performed under this Agreement are
responsibility of the contractor and subcontractors approved an 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 r~( ., required to be given shall be deeme~ ~e duly and properly given if
mailed postage prepaid, and addressed to;
To Town:
Director of Parks & .Public Works
Town of Los Gatos
Post Office Box 949
Los Gatos, CA 9.5030
To Contractor:
President
Advanced Cutting & Paving Company
41 Southmar Ct.
San Jose, CA 95138
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 thatthe Contractor, in the performance of the work
and services agreed to be ..performed, shall act as and be an independent contractor and not
ar.• agent or employee of the Town. As an independent contractor he/she. shall not obtain any
rights to retirement benefits or otherbenefitswhich accrue 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. 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.
11. Wanes. 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, maybe 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 Owner the Performance Bond and Labor and Material
person's Bond. All bonds shall be on forms provided by Owner, .and each shall be in an
amount equal to 100% of the contract price. All bonds shall be approved by the Director of
Parks & Public Works of the Town of Los Gatos before the successful bidder may proceed
with the Work. Failure or refusal to furnish. bonds in the form satisfactory to the .Director of
:Parks & Public Works of the Town ~of Los Gatos shall subject the bidder to penalties for
delay in commencement of the Work or revocation of the Award of Contract.
Pursuant to California Pub is Contract Code §22300, the Contractor will be permitted, at its
request and sole expense, to substitute securities for any monies 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 eoig~' nor this substitution are those listec~~ ' .alifornia Government Code
§16430 or bank or savings and loan certificate of deposit, rnterest bearing demand deposit
accounts, standby letters of credit, or any :other mutually agreed to by Contractor and the
Owner. The Contractor shall be the beneficial owner of any securities substituted for:monies
withheld and shall .receive any :interest thereon.
13. Conflict of Interest. Contractor understands that. its professional responsibilities is solely to
the. Town. 'The Contractor :has. and shall not obtain any hooding 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 takereasonable 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 ormental 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:
i. Contractor agrees to .have .and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single.limit
per occurrence for bodily injury, personal :injury and property damage.
ii. Contractor agrees to .have and maintain :for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Contractor shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Contractor agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
iv. (~ ..actor agrees to have and maintain, ~' .e duration of the contract,.
professional liability insurance in amounts nut 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 vo unteers are to be covered
as insured as respects: liability arising out of activifies 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 volunteers. Any insurance or
self-insurances maintained by the Town, its officers, officials, employees or
volunteers shall be excess of the Contractor's :insurance and shall not
contribute with it.
iii.. Any failure to comply with reporting provisions of the policies shall not
affect coverage ,provided. to the Town, .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. In addition to these policies, Contractor shall have and maintain Workers'
Compensation insurance as required by California law .and shall provide evidence of
such po icy 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. Indemnification. The Contractor shall save, keep and hold harmless indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities.,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reason of, or in the course of
performing work which maybe 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 fad' ~ .in the part of either party to exercise ~ _ _~ht or remedy hereunder shall
operate as a waiver of any other right or remedy that parry .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 the 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 the Contractor shall have the right to terminate
this agreement with or without cause by giving not less than fifteen (15) days written notice
of termination. In the event of termination, the Contractor shall deliver to the Town 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 bearsto 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.
20. Amendment. No modification, waiver, mutual termination, oramendment 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, 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 signed by the party to be bound, shall'be binding on either party.
IN WITNESS WHEREOF, theTownand Contractor have executed this Agreement as of the
date indicated on page one (1).
Town of Los Gatos, by:
Contractor, by:
~,
v
Debra J. gone, Town Manager Signature
Recommended by:
_~
John u is, Parks & Public Works Director
G Y C.~1 ~~,w~~) v~c~ S ~ N
Print Narne
Approved as to form:
O ..Korb,. Town Attorney
Cry 1 ~~r~~.
Title
Attest:
Clerk of the Tow». of Los Gatos
Los Gatos, Califorr}:ia~
~; .~
,~ to
Marian V. Cosgrove, Town Clerk
SV-ITS Enhancement Project # 02-14
Scope of Work
• Rockwheel trenching of 2;3D0 feet of trench to a depth of 18"_ The trench shall
be primarily along the lip of gutter in the street (trench width 6"). Trenching
installation shall conform to the Caltrans Standard Specification 86-2.05.
• Remove and dispose of all excavated materials
• Install Two - 2" PVC conduits (2,300 feet for each conduit) that will be
furnished by the Town in the trench. The bending radii for the conduits shall
be no less than 3 feet. A pull rope shall be installed for each conduit.
• Connect these 2" conduits to eight pull boxes that have been set (by the
Town) in the sidewalk (back of curb) per attached detail.
• Backfill with Cement Slurry to 2" below the surface of the street
• Repave. the trench with 2" of hot mix to the finished surface
• Provide all signage and traffic control {including flagmen) as required by the
Town.
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ADVANCES CUTTiNC & PAVING
41 SOIJT:»M~R CT
SAN JOSE CA y5138
BlD & CONTRACT PROPOSAL
T0: KEVIN'
FROM;
TRLNCHIN
SV-ITS ENI
We will rock
a~zd haul awe
box to box.
Furnish asph
rench. Place
flag men req~
per ft, TOT,
TOWN ENGINEER
AMUND3QN
R TOWN OF LOS GATOS
-EM'ENTS, PROJECT #02-14
~ alproxinaately 23.00' x G" x 18" dccp along lip of gutter. Clean trench
J1:spoils. Install 2" pvc pipe f-nd tunnel undo all curbs and gutter to get to
ply and :pour back r} cement slurry for baclcfill within 2" of grade,
oil for treri.ch repair. Clean trench and .apply an SS-1 tac-coil :product to
d compact a %s"medium asphalt to Bade. Supply signs, traffic conlroa,
~d by town of Los Gatos. Will supply performance bond. Price of $ 13.00
$29,00.00
P:1~1
Exhibit B