2000-100-Authorizing The Award And Execution Of A Construction Contract With Mch General Engineering Contracts, Inc. For Storm Drainage Improvement Projects- Project 00-12- HollyRESOLUTION 2000 -100
RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AUTHORIZING THE AWARD AND EXECUTION OF A CONSTRUCTION
CONTRACT WITH
MCH GENERAL ENGINEERING CONTRACTORS, INC.
FOR .STORM DRAINAGE IMPROVEMENT PROJECTS -
PROJECT 00 12 - HOLLYWOOD/YOSEMITE/WHEELER AVENUES;
PROJECT 00-24 -1kIASSOL/NICHOLSON/TAIT/IIERNANDEZ AVENUES;
PROJECT 00-35 - CXPRESS/HIGH STREETS;
PROJECT 00-36 - LORA DRIVE;
PROJECT 00-39 - BACHMAN PARK
WHEREAS, bids were sought in conformance with State and Town law for the
following storm drainage improvement projects:
Project 00-12 -Hollywood/Yosemite/Wheeler Avenues;
Project 00-24 - Nlassol/Nicholson/Tait/Hernandez Avenues;
Project 00-35 -Cypress/High Streets;
Project 00-36 -Lora Drive;
Project 00-39 - Baclunan Parlc; and
WHEREAS, MCH General Engineering Contractors, Inc. of San Jose, California
submitted the lowest bid which the Town Council/Redevelopment Agency deems to be
responsive to the Town's Notice Inviting .Sealed Bids.
NOW, THEREFORE, BE IT RESOLVED by the Town Council/Redevelopment
Agency of the Town of Los Gatos, County of Santa Clara, State of California, that: 1) MCH
General Engineering Contractors, Inc. of San Jose, California is declared to be the lowest
responsible bidder for Projects 00-12, 00-24, 00-35, 00-36, and 00-39; and 2) the Town
Manager/Executive Director is authorized to execute a construction .contract (attached as Exhibit
A) for said projects on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council/Redevelopment
Agency of the Town of Los Gatos, California, held on the 7th day of August,. 2000, by the
following vote.
COUNCIL/AGENCY MEMBERS::
AYES: Randy Attaway, .Jan Hutchins, Linda Lubeck, Joe Przynslci,
Mayor Steven Blanton
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:.
YOR(~CHAIR OF THE TOWN QF LOS GATOS
REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATTEST:
~....
' ~~~.~,.
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos {hereinafter referred to as
"Owner") and MCH General Engineering Contractors, Inc. (hereinafter referred to as
"Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows:
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of Project #_
00-12, 00-24, 00-35, 00-36, 00-39 in accordance with the Contract Documents.
B. CONTRACT PRICE
As full compensation for furnishing all materials, equipment,. labor, appurtenances and incidentals,
and for .doing all the work contemplated and embraced in this Contract, also for all loss or damage
arising. out of the .nature of the work aforesaid, or from the :actions of the elements, or from any
unforeseen difficulties or obstructions which .may arise or be encountered in the prosecution of the
work until its acceptance by Owner, and for all risks of every description connected with the
Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of
work, and for well and faithfully completing the Work, and the whole thereof, in the manner and
according to the Contract Documents, Owner shall pay Five-Hundred-Twenty-Six-Thousand-
One-Hundred-Fifty-:Six dollars ..($526,156), which shall supersede any other amount specified in
the Contract Documents.
C. CONTRACT DOCUMENTS
All rights and obligations of Owner and Contractor are fully set forth and described in the
Contract Documents. All parts of the Contract Documents are intended to be correlated so that
any work called for in one part and not mentioned in the other, or vice versa, is to be executed the
same as if mentioned in all said .documents. The Contract Documents are defined in Part I,
Section 1-1.01{A) of these :Specifications and are incorporated herein by reference the same as
though set out in full.
D. BEGINNING OF WORK
Following the execution of this Contract and the approval of bonds and insurance policies and
certificates, Owner shall issue a Notice to Proceed with the Work. Commencing work or the
entrance of equipment or materials on the cite of the Work by Contractor before .receipt of the
Notice to Proceed is at the sole risk.and expense of Contractor, .and the Contractor shall be fully
liable for any damage or injury sustained by Owner or third persons resulting therefrom.
E. TIME OF COMPLETION
The Work called for herein shall be fully completed within the time limit set forth in the Special
Conditions.
r
F. CORRECTION OF WORK AFTER ACCEPTANCE AND
FINAL PAYMENT BY TOWN
Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for any
damages to other work and/or existing facilities resulting therefrom which shall appear within a
period of 2 years from the date of recording of the Notice of :Completion.
G. LIQUIDATED DAMAGES
The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the
Contract and Part I, Section 8-1.03 of these Specifications ,pertaining to liquidated damages.
IN WITNESS WHEREOF, the parties hereto have executed. this Agreement as of
day of , 20
TOWN OF LOS GATOS, by: CONTRACTOR, by:
Les White, Interim Town Manager {Signature)
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
ATTEST:
(Print Name)
(Address).
{City, State, Zip)
(Contractor's License Number)
Marian V. Cosgrove, Town Clerk