Agreement - iTech Solution - Repair damaged rubberized surface in ~6,400 SF area at Gilroy Sports Park - Signed 2023-03-20City of Gilroy
Agreement/Contract Tracking
Today’s Date:
February 28, 2023 Your Name: Michael Lewis
Contract
Type:
Services over $5k - Contractor -
NO ENG OR DESIGN
Phone Number: 408-846-0265
Contract Effective Date:
(Date contract goes into effect)
3/1/2023
Contract Expiration Date: 6/30/2023
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Itech Solution
2064 Flintcrest Dr
San Jose, CA 95148-1230
Taxpayer ID: 35-2267300
Contractor’s License # 868592
Signer’s Name/Title: Miguel Plascencia/Owner
Contract Subject:
(no more than 100 characters)
Repair damaged rubberized surface in ~6,400 SF area at Gilroy Sports
Park
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
$147,554
By submitting this form, I confirm
this information is complete:
Date of Contract
Contractor/Consultant name and complete address
Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
Taxpayer ID or Social Security # and Contractors License # if
applicable
Contractor/Consultant signer’s name and title
City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
TYPE OF
PROCURMENT
DOLLAR THRESHOLD / SIGNING AUTHORITY
STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL
$0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above
EQUIPMENT
/SUPPLIES/
MATERIALS
Furniture, hoses,
parts, pipe
manholes, office
supplies, fuel, tools,
PPE items, etc…
• Vendor selection at
discretion of staff
Payment Method
Purchase Card or
Payment Request (if
vendor does not accept
credit cards)
• Informal
bid/quotation –
3 quotes (verbal
or written)
• Purchasing
Summary form
w/ Purchasing
Approval
• Purchase
Requisition
Payment Method
Purchase Order*
• Informal
bid/quotation –
3 written quotes
• Purchasing
Summary form w/
City Administrator
Approval
• Purchase
Requisition
Payment Method
Purchase Order
• Formal Bid
• Advertisement
• Council Approval
• Purchase
Requisition signed
by City
Administrator
Payment Method
Purchase Order
GENERAL SERVICES
Janitorial, landscape
maintenance,
equipment repair,
installation, graffiti
abatement, service
inspections,
uniform cleaning,
etc…
• Vendor selection at
discretion of staff
• May require insurance
documents depending
on scope/ nature of
work
Payment Method
Purchase Card (if
incorporated)
Signed Payment Request (if so
proprietor or partner)
• Informal
bid/quotation –
3 quotes (verbal
or written)
• Purchasing
Summary form
w/ Department
Head Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order*
• Informal Bid/RFP
quotation – 3
written quotes
• Purchasing
Summary form w/
City Administrator
Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
• Formal
Bid/RFP/RFQ
• Advertisement
• Council Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
PROFESSIONAL
SERVICES
Consultants,
architects,
designers, auditors,
etc...
• Vendor selection at the
discretion of staff
• Purchase Summary
Form w/ Purchasing
Approval
• Standard Agreement
signed by Department
Head
• Purchase Requisition
Payment Method
Purchase Order
• RFP/RFQ to at
least 3
consultants
• Purchase
Summary Form
w/ Department
Head Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
• RFP/RFQ to a list
of consultants
• Evaluation
Spreadsheet w/
City Administrator
Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
• Formal RFP/RFQ
• Advertisement
• Council Approval
• Standard
Agreement signed
by City
Administrator
• Purchase
Requisition
Payment Method
Purchase Order
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
SECTION 00500
AGREEMENT
GILROY SPORTS PARK PLAYGROUND SURFACE REPAIR
PROJECT No. 23-PW-276
THIS AGREEMENT, made this 27th day of February 2023, by and
between the City of Gilroy, hereinafter called the “City”, and Itech Solution
hereinafter called the “Contractor.”
W I T N E S S E T H:
WHEREAS, the City has caused the Contract Documents to be
prepared comprised of bidding and contract requirements and technical
specifications and drawings for the construction of the GILROY SPORTS
PARK PLAYGROUND SURFACE REPAIR, 23-PW-276, as described
therein, and
WHEREAS, the Contractor has offered to perform the proposed
work in accordance with the terms of the Contract Documents.
NOW, THEREFORE, in consideration of the mutual covenants
and agreements of the parties herein contained and to be performed, the
City and Contractor agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified or indicated in the Contract
Documents.
Article 2. Contract Time.
The Work shall be completed by the Contractor in accordance with the
Contract Documents within the time period required by Paragraph 00810-
2.0, Time Allowed for Completion, subject to extension as expressly provided
in the Contract Documents.
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
Gilroy Sports Park Playground Surface Repair Project No.23-PW-276
SECTION 00500-27
Article 3. Liquidated Damages.
The city and the contractor recognize that the city will suffer substantial damages
and significant financial loss as a result of the contractor’s delays in performance
of the work described in the contract documents. The city and the contractor
hereby acknowledge and agree that the damages and financial loss sustained as
a result of any such delays in performance will be extremely difficult and
impractical to ascertain. Therefore, the city and contractor hereby agree that in
the event of such delays in performance, the city shall be entitled to
compensation by way of liquidated damages (and not penalty) for the detriment
resulting therefrom in accordance with paragraph 00700-6.5, liquidated damages,
of the contract documents. The city and the contractor further agree that the
amounts designated as liquidated damages are a reasonable estimate of the
city’s damages and financial loss in the event of any such delays in performance
considering all of the circumstances existing as of the date of this agreement,
including the relationship of such amounts to the range of harm to the city which
reasonably could be anticipated as of the date of this agreement and the
expectation that proof of actual damages would be extremely difficult and
impractical.
By initialing this paragraph below, the parties hereto signify their approval and
consent to the terms of this article 3.
________________________________ ________________________________
City’s Initials Contractors Initials
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the
Contract Documents, the City shall pay the Contract Price set forth in the Contract
Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between City and
Contractor concerning the Work consist of this Agreement (Section 00500 of the
Contract Documents) and the following, all of which are hereby incorporated into this
Agreement by reference with the same force and effect as if set forth in full.
Invitation to Bid
Instructions to Bidders
03
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
Gilroy Sports Park Playground Surface Repair Project No.23-PW-276
SECTION 00500-28
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications (Caltrans, 2010 edition)
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Maintenance Bond
Notice of Award
Notice to Proceed
Article 6. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090,
References, of the Contract Documents will have the meanings set forth in Section
01090, References.
Contractor shall not assign any rights, obligations, duties or responsibilities under or
interest in the Contract Documents without the prior written consent of the City, which
consent may be withheld by the City in its sole discretion. No assignment by the
Contractor of any rights, obligations, duties or responsibilities under or interests in the
Contract Documents will be binding on the City without the prior written consent of the
City (which consent may be withheld in City’s sole discretion); and specifically but
without limitation monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, executed by the City, no assignment will release or
discharge the assignor from any liability, duty, obligation, or responsibility under the
Contract Documents.
Subject to the foregoing, the Contract Documents shall be binding upon and shall inure
to the benefit of the parties hereto and their respective successors and assigns.
Nothing contained in the Contract Documents shall in any way constitute a personal
obligation of or impose any personal liability on any employees, officers, directors,
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
Gilroy Sports Park Playground Surface Repair Project No.23-PW-276
SECTION 00500-29
agents or representatives of the City or its successor and assigns.
In accordance with California Business and Professions Code Section 7030, the
Contractor is required by law to be licensed and regulated by the Contractors’ State
License Board which has jurisdiction to investigate complaints against Contractors if a
complaint regarding a latent act or omission is filed within four years of the date of the
alleged violation. A complaint regarding a latent act or omission pertaining to structural
defects must be filed within 10 years of the date of the alleged violation. Any questions
concerning the Contractor may be referred to the Registrar, Contractors’ State License
Board, P.O. Box 26000, Sacramento, California 95826.
IN WITNESS WHEREOF, this agreement has been executed on this
day of , .
Name of Contractor Signature of City
City Administrator
Signature of Contractor Title of Signator
_____________________
Title of Signator Approved as to form by
City Attorney
ATTEST:ATTEST:
Signature Signature
Title of Signator Title of Signator
LWHFKVROXWLRQ
RZQHU
owner
February 27 2023
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
City Clerk
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A
DocuSign Envelope ID: EABB346A-D8B0-4782-858E-63DC2CC9FD1A