2002-028- Awarding A Construction Contract For Project 02-12 Blossom Hill Parking Lot Reconstruction~ RESOLUTION 2002 - 28 ~
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRi7CTION CONTRACT
FOR PROJECT # 02-12
BLOSSOM HILL PARK PARKING LOT RECONSTRUCTION
WHEREAS, bids were sought in conformance with State and Town law for Project #02-
12 Blossom Hill Park Parking Lot Reconstruction; and
WHEREAS, American .Asphalt Company, submitted the lowest bid which the Town
Council deems to be responsive to the Town's solicitation dated February 11, 2002.
.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 #02-12 Blossom Hill Park Parking Lot
Reconstruction.
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 $ 46.,075.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the by the following vote:
COUNCIL MEMBERS: F~
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynsk;
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None ~ ~~~~
SIGNED: MAYOR HE TO LOS GATOS/
LOS GAT S, CALIFO A
ATTEST:
G~~-e.-~~-.
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
~~ ~~
AGREEMENT FOR ~.~~~_
CONSTRUCTION SERVICES ~ ..______
THIS AGREEMENT is entered into this day of , ~b~by and- , --
between the Town of Los Gatos, State of California, herein called the "Town", and American-='`~` -~
Asphalt Company, engaged in providing construction services herein. called the "Contractor".
REC'I'I'A:LS
A. The Town is considering undertaking activities to .perform construction services in
connection with Project 02-12- B ossom Hill Park Parking Lot Reconstruction.
B. The Town desires to engage a contractor to provide equipment and perform all work related
to the Blossom Hill Park Parking Lot Reconstruction because ofcontractor'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:
Scoae of Services. The Contractor shall provide the following services fisted below.
A. Excavation and .removal of failed pavement and base sections
B. Grading .and preparing the subsurface
C. Installation of new storm drain facilities
D. Construction of pathway for ADA connection to Shannon Road
E. Paving and striping of the parking lot
2. Time of Performance. The services of the Contractor are to somrnence upon the. execution
of this Agreement and issuance of a Town purchase order, with completion of the .program
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 times during the term ofthis Agreement any licenses,
permits, and approvals which are legally required for Contractor to practise 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. Inforrnation/Renorthandlin~, All documents furnished to Contractor by the Town. and al l
reports and supportive data prepared by the Contractor under this Agreement are t11e To~~•n's
property and shall' 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 ho this
Agreement are confidential until'released by the Town. to the public, and the Contractor shall
not make any of the these documents or information available to any individual or
organization not employed. by the. Contractor or the Town without the written. consent o f 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 wiah other projects shal'1 be solely at Town's. risk, unless: Contractor expressly
consents to such use in writing. Town further agrees that it wiah 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 be a sutra. not exceeding
$46,075.00.
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 Town review,. even if only in partial or draft. form.
Payment shall be net thirty (30) days;
All changes. to thus 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 foUlows:
Invoices:.
Town of Los Gatos
Attn: Accounts Payable
P'.O'; Box 655
Los. Gatos, CA 95D3'0
Statements:
Town. of Los Gatos
Attn: Finance Department
P:O. Box.655
Los Gatos, CA 95030
6. Availability of Records. Contractor shall maintain the records supporting this billing for not
less than three (3) years foil'owing completion of the work under this. Agreement. Contractor
shal'l' 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 manger for American Asphalt for the
work under this agreement shall be Dale Kunz.
8. Assi~rtability an~ subcontracting. The services to be perf( r~ned under this Agreement are
unique and personal to the Contractor. No portion of these services shall be assigned or
subcontracted without the written consent ofthe Town.
Notices. Any notice required to be given shall be deemed to be duly and properly given. i f
tnai'led postage prepaid, .and addressed to;
To Town:
Director ofParks & 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 thatthe Contractor, in the performance of the work
and services agreed to be performed, shall .act. as and be an independent contractor and not
an agent or employee of the Town. As an independent contractor he/she shall not obtain any
.rights to retirement benefits or otherbenef is which accrue to Town employee(s). With prior
written consent, the `Contractor may perform some obligations under this Agreement by
subcontracting, but tray not delegate ultimate responsibility for performance or assign or
transfer interests under this Agreement.
Contractor agrees to testify in any li;tigation'brought regarding he subject of the work to be
performed underthis Agreement, Contractor hall be compensated for its costs and expenses
in preparing for, traveling to, and testifying in such matters at its then current hourly rates o f
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 atrates at least equal tothe-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 o 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 Owner the Performance Bond and Labor and
Materialperson'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. A11 bonds shall be approved by the
Director o;f Parks & Public Works of the Town of Los Gatos before the successful bidder
may proceed with the Work.
Fai ure or refusal. tonish bonds. in the forme. satisfactory to tt1~: ~irectoc of Parks & Public
Works of the Town. of Los Gatos shall' subject the bidder to penalties for dePay in
commencement. of the Work or revocation of the Award of Contract.
Pursuant to California Public Contract. Code X22300, the Contractor wi1C be permitted, at its
request and sole. expense,. to substitute securities for any monies withheld by the 1''own 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 substi ution are those fisted 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 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 holding or interest within the Town
of Los Gatos, Contractor has no bustness 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 tt 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 ox
indirect interest that would conflict with its performance of this Agreement, Contractor shal 11
promptly notify Town of thi employment relationship; and shall,. at the Town's sole
di cretion, sever any such employment relationship.
14. Equal Employment Opportunitx. Contractor warrants that. it is an equal opportunity
employer and' shall. comply wi;,th applicable regulations governing equal employment.
opportunity. Neither Contractor nor its subcontractors do and neither shall' discrirninnate
against persons employed or seeking employment. with them. on the basis of age, sex, color,
race, marital status, sexual orientation, ancestry, physical or mental' disabi i y, 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 fine 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. C.`...~ractor agrees to have and maintain fo~ ..~e duration of the contract, an
Automobi e Liability insurance po{icy 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 shalt provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Contractor agrees that atl
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:
The Town, .its officers, officials, .employees and volunteers are to be covered
as insured as respects: liabi ity arising out of activities performed by or on
behalf of the Contractor; products :and completed operations of Contractor,
premises owned or usedby the Contractor. This requirement does not apply
to the ..professional liabi ity 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 ar
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~wi h 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 policy to .the Town before beginning services under this Agreement.
Further, Cortor shall ensure that all subcontraetcemploved by Contractor
provide the required' Workers' Compensation insurance for tlieir respecti~~e
employees.
16. Indemnification. The Contractor shall save, keep and hold harmless indemnify and defend
the Town its officers; agent, employees and volunteers fi•orn a[l damages, liabilities,
penalties,. costs, or expenses in haw 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 failure on the partof either party to exercise any righa 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 o f 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 agreementwith or without cause bygivingnot less than fifteen (15) days written..notice
of termination. In the event of termination, the Contractor shall. deriver 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 rnax imam
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, ifany, shall be adjusted in light of the particular facts
and circumstances involved in such termination..
20. Amendment. No modification; waiver, mutual termination, or amendment o f this 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 prevai ing party shall. be
entitled to reasonable attorney's fees, including costs of appeal.
22. Entire Agreement.. This Agreement, constitutes the complete and exclusive statement o f 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 ei her party.
IN WITNESS WHEREOF, the Town and Contractor have executed this.Agreement as of the
date indicated on page one (1).
Town of Los Gatos. by:
Debra J, Figone, Town Manager DEPARTMENT APPROVAL DATE
ATTEST:
Marian V. Cosgrove, Town Clerk
Town of Los Gatos
Approved as to Forrn:
Orry P. Korb, Town Attorney
Contractor, by:
Signature
Print Name
Title
Main Office:
27801 INDUSTRIAL. BLVD.
PO BOx 3367
HAYWARD, CA 94540.3367
'Tel: 510-723-0280. ToII Free #800-5d1-6659
.Sales Fax: 510-723-0297
Amer~canAsphalt
Repair6 Resw(a<~inK t;u.,:Inc.
License # 439591 Proposal 8~ Contract
PROPOSAL: 003337
ESTIMATOR: Dale Kunz
CLIENT: 3836 Attn; Kevin Rohani PROJECT: 3337
Los Gatos,. Town of Phone: (408) 399-5773 Town of Los Gatos.
Engineering Division Fax: Los Gatos, CA
P, O. B:ox 8'48
Los Gatos, CA 95032-0949
eased on the plans and specifications provided by the above Owner American Asphalt will furnish and install prevailing wage
labor, materials, equipment and'services as required to complete our portion of the project. as follows:
ASPHALT L/S
Per Plans and Specifications includes all items on plan from Kier & Wright, Civil Engineers,
dated January 2002: For Grading Plan, Town of Los Gatos, Blossom Hi TT Park parking lot. This
also includes restriping of entire parking Tot.
TOTAL BI®
45,575
545,575
1) PAYMENT TO BE MADE AS FOLLOWSt NET UPON COMPLETION
2) "As a California Contractor, work is guaranteed againsTfailure due to poor workmanship ortaulty material,. for a period of one year. However, we will guarantee the vvork
THREE YEARS provided paymenlis madeper terms. Non-payment perterms voids extended guarantee".
ACCEPTANCE OF PROPOSAL- "All the terms and conditions set forth on the reverse side of this Proposatand ContracP are incorporated herein by reference and have been
read and understood by the undersigned. 1'he above prices, specifications and conditions are satisiaciory and are hereby accepted.. You are authorized to do the work, as
specified "
Authorized Customer
Signature:
Date.
Note: This proposal is
only valid for:
Contractor
Signature:
Dale Kunz
30 days
DATE: 03/01 /02
~:xhibit B
Date