2008-104-Awarding A Construction Contract To CB Construction Company For Ppw Job No 07-05 Fiscal Year 2007-08 Curb, Gutter And Sidewalk Repair And Replacement Project.RESOLUTION 2007-104
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
CB CONSTRCUTION COMPANY
FOR PPW JOB NO. 07-05 -FISCAL YEAR 2007-08
CURB, GUTTER, AND SIDEWALK REPAIR AND REPLACEMENT PROJECT
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No.07-05 -Curb, Gutter, and Sidewalk Repair and Replacement Project; and
WHEREAS, CB Construction Company .submitted a bid which the Town Council deems
to be responsive to the Town's solicitation.
NOW, THEREFORE, BE IT RESOL' VED by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that CB Construction Company
is declared to be the lowest responsible bidder for PPW Job No. 07-05 -Curb, Gutter, and
Sidewalk Repair and Replacement Project.
BE IT FURTHER RESOLVED that the Interim 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 $105,800.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $15,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 4th day of September, 2007, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe
Pirzynski
NAYS: None
ABSENT:
ABSTAIN ,
SIGNED: ~ `,~.,
r'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~-
CLERK ~I E TOWN OF i.OS GATOS
LOS GATOS, CALIFORNIA
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
"Owner") and CB Construction Company hereinafter referred to as "Contractor").Owner and
Contractor, for the consideration hereinafter named, agrees as follows:
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of PPW
Job No. 07-05 -Fiscal Year 2007-08 Curb, Gutter, and Sidewalk Repair and Replacement
Project in accordance with the Contract Documents.
B. CONTRACT PRICE
As full compensation for furnishing all materials 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 Worlc, and the whole thereof, in the manner and according to the Contract
Documents, Owner shall pay (one hundred five thousand eight hundred dollars)
$105,800), 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 site 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 there from.
EXHIBIT A
E. TIME OF COMPLETION
The Work called for herein shall be frilly completed in fifty (50) working days of Contractor's
receipt of the Notice to Proceed.
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 there from 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 II, 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:
CB Construction Company
Pamela Jacobs, Interim Town Manager (Signature)
RECOMMENDED BY: (Print Name)
Kevin Rohani (Address)
Interim Director of Parks and Public Worlcs
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
(City, State, Zip)
ATTEST:
Jackie Rose, Clerk Administrator
(Contractor's License Number)
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ATTACHMENT 2