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HomeMy WebLinkAboutSilicon Valley PavingAGREEMENT THIS AGREEMENT is made and entered into on the/'/&y of August, 2022 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and SILICON VALLEY PAVING (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR. Shall provide or furnish the following specified services and/or materials: To do all the work, furnish all materials, provide equipment & labor, and off -haul spoils necessary to complete in good workman like and substantial manner all that certain work involved and concerned with the Town of Los Altos Hills, Corporation yard Site Improvements project per Issued For Bids Contract Drawings, dated July 19, 2022, and the State of California Department of Transportation Standard Specifications 2018 edition. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A — Bid proposal from CONTRACTOR dated July 19, 2022 3. TERMS. The services and/or materials furnished under this Agreement shall commence September 1, 2022 and shall be completed by September 30, 2022, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed one hundred thirty- two thousand and five hundred dollars and zero cents ($132,500) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 5 Short form Updated 4/26/22 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills Page 2 of 5 Short form Updated 4/26/22 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration Town of Los Altos Hills Page 3 of 5 Short form Updated 4/26/22 for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION. The TOWN hereby designates the Utility Engineering Manager and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. i. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: Daniel Liang Utility Engineering Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4126122 CONTRACTOR: By: 0� Signature Date Todd Slyngstad - President Print name, Title TOWN O"LZiJSALTOIS HILLS: By:of 8�ig��oaZ eter Pirnetad ity Manager Sate Page 4 of 5 EXHIBIT A Silicon Valley Paving, Inc. PO Box 26558, San Jose, CA 95159 Office: (408) 286-9101 Fax: (408) 286-2488 VO PESUPFgpryC �'� *GcoGSVQ`�U' Proposal Submitted to: Town of Los Altos Hills 26379 Fremont Rd Los Altos Hills, CA 94022 Attn: Michael Schloetter Phone: 650-947-2542 Fax: Email: Mschloetter@losaltoshills.ca.gov SCOPE OF WORK: Proposal based on plan set dated 7-19-22 Corporation Yard Site Improvements Date: July 19' 2022 Proposal #: MS -041-22 Rev2 Estimator: Matthew Slyngstad Work to be performed at: 27400 Purissima Rd Los Altos Hills, CA 1. Pulverize existing material and grade 2. Off -Haul Spoils 3. Moisture -treat and compact existing base 4. Excavate Bio Retention and install drainage per sheet C-103 and C-104 5. Form Concrete Slab 6. Place #5 rebar per C-105 7. Pour Slab with 2500psi mix over 900sf over 6" of class 2 AB 8. Form and pour curbs with cutouts for drainage 9. Control Joints to match C-106 10. Prep Remaining area for HMA paving 11. Pave 4" Asphalt on 3100sgft over 6" of class 2 AB 12. Compact to a smooth and even finish 13. Slopes to match C-102 PRICE: $132,500.00 Exclusions: Permits, fees, engineering, testing, staking, landscaping, irrigation repair, storm drain repair over excavation or off haul of unsuitable material and/or off haul of contaminated material. All work to be performed on weekdays unless specifically stated. Unless specifically stated, no paving is ADA compliant. Work not specifically stated in this agreement. Irrigation will only be cut and capped. AN: 1111 W-11 Contract Agreement All material is guaranteed to be as specified, and the above work to be performed in accordance with drawings and specification submitted for the above work and completed in a workmanlike manner. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the contracted price. All agreements are contingent upon strikes, material cost price increases, accidents, or delays beyond our control. The Owner is to carry fire, tornado and other necessary insurance upon above work. Workman's compensation and Public Liability Insurance on above work is to be taken out by SILICON VALLEY PAVING. "NOTICE TO OWNER" (Section 7019 - Contractors License Law) Under the Mechanic's Lien Law, any contractor, subcontractor, laborer, material -man or other person who helps to improve your property and is not paid for his labor, services, or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by filing, before commencing such work of improvement, an original contract for the work of improvement or a modification thereof, In the office of the county recorder of the county where the property Is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less than fifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment In full of the claims of all persons furnishing labor, services, equipment or materials for the work described in said contract. Traffic Control: Unless specified In elsewhere in this contract, Silicon Valley Paving Is not responsible for traffic control. Obstructions: If there are any obstructions such as garbage bins, cars, etc., in the area of proposed work, they should be removed before the work begins. If we must return due to an obstruction, there will be an extra charge of a minimum of $850.00 for each additional move -in necessary to complete the contract. Landscaping: All landscaping foliage such as trees, shrubs, ground cover, etc., that may overhang any curbs, header boards or work areas must be trimmed by owner before the commence of work. Silicon Valley Paving will not be held responsible for any damage incurred to landscaping during construction. Irrigation: If there are any automatic sprinklers for your landscaped areas, they should be turned off at least 24 hours prior to, during, after the start of this work. Silicon Valley Paving is not responsible for damages Incurred due to Irrigation during project as outilned above. Tracking Material: SILICON VALLEY PAVING is not responsible for the cleaning or cost of cleaning any carpet, concrete, etc., that is stained as a result of people walking through the new construction area and tracking the material onto the surface. Utilities: Additionally, SILICON VALLEY PAVING is not responsible for any damage or expense incurred due to any underground water, gas, electric, etc., utilities not clearly marked on plans or staked out on jobsite. Additional Costs: During excavation if the following is encountered: concrete, steel, water saturated material, paving fabric or asphalt thicker than the total removal depth bid. Additional cost(s) for further excavation, stabilization and replacement or dumping of materials will be determined by negotiation between the owner and SILICON VALLEY PAVING representative. Termination of Contract: Work on the said project will be terminated under the following conditions: 1. Work stopped by any public authority for a period of ten days or more, through no fault of SILICON VALLEY PAVING 2. Should the work be stopped through act or neglect of the OWNER FOR A PERIOD OF SEVEN DAYS 3. Should the Owner fail to pay SILICON VALLEY PAVING: Upon written notice to the Owner, SILICON VALLEY PAVING may stop work or terminate the Agreement and recover from the Owner payment for all work executed, any loss sustained, including reasonable profit and damages. Until such time as the Agreement price is paid in full, all equipment and materials on or about the site which is furnished by SILICON VALLEY PAVING may, without notice, enter onto the premises to repossess such equipment should the Agreement price not be paid in full accordance with this agreement. Insurance: A Certificate of Insurance will be provided prior to the start of the project, any modifications beyond the standard certificate, such as additional insured endorsements, will be billed to you at our cost. Damages: SILICON VALLEY PAVING will only be held liable for damage or disrepair to the said property when such damage or disrepair is directly attributed to negligence by an employee of Silicon Valley Paving. The owner will assume all other risk of loss or damage to property and construction work in progress and indemnifies SILICON VALLEY PAVING. No such loss or damage relieves Owner from any obligation under this contract. Permits: By signing this agreement the owner assumes all responsibility for providing permits, fees and engineering required by any governmental authority shall be the complete responsibility of the Owner. Change Orders: Should any changes under this agreement be required for any cause, the Owner, on written demand and itemization, shall pay SILICON VALLEY PAVING the cost for such special services or material, plus 15% compensation for any additional costs or loss of profits which are occasioned by and cause delay. Legal Action: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party should be entitled to reasonable aftomey's fees which may be set by the Court in the same action, or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party be entitled. Guarantee: All Materials and Workmanship are guaranteed for one year from date of completion Exclusions: SILICON VALLEY PAVING Is not responsible for the following: Cracks caused by ground movement, work performed by others, acts uncontrollable by man. Payment is due upon completion. Unless other arrangements have been made, a 1-112% per month finance charge will be assessed after 30 days. Note: Proposal is valid for thirty (30) days Respectfully Submitted Matthew Slyngstad, Silicon Valley Paving, Inc. ACCEPTANCE OF PROPOSAL: MS -41-22 LAH Corp Yard Upon the signature of both parties, the above prices, specifications and conditions are hereby accepted. Silicon Valley Paving is authorized to perform the work as specified. Payment will be made as outlined above. Date .O � * oz �o b m S o 2 r ego E 1N3W3�tld ",0,400 0,1 m X08 X3003 -- N � z opo vro C�N � z D � vv� G n O O O CO) z m v m Z 3 O m m z CA N � 2 A o a J rV pN\p0\P8 0305.-=-" S. 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