2005-081 - Awarding A Construction Contract To Anderson Pacific Engineering Construction, Inc For Project 04 -26 - Fy 04 -05 Retaining Wall ReplacementRESOLUTION 2005 - 81
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC
FOR PROJECT 04 -26 - FY 04 -05 RETAINING WALL REPLACEMENT
WHEREAS, bids were sought in conformance with State and Town law for Project No.
04 -26 - FY 04 -05 Retaining Wall Replacement; and
WHEREAS, Anderson Pacific Construction, Inc. submitted the lowest bid which the
Town Council deems to be responsive to the Town's solicitation.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that Anderson Pacific Engineering
Construction, Inc. is declared to be the lowest responsible bidder for Project No. 04 -26 -
Retaining Wall Replacement.
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 $244,595.00.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $4,000.00.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20th day of June, 2005, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner ")
and Anderson Pacific Engineering Construction, Inc. (hereinafter referred to as "Contractor ").
Owner and Contractor, for the consideration hereinafter named, agree as follows:
A. SCONE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of PROJECT
#0426 - FY04 -05 Retaining Wall Replacement 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 Work, and
the whole thereof, in the manner and according to the Contract Documents, Owner shall pay two
hundred forly four thousand five hundred ninety rive ($244,595.00), 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 Docunents 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 WORD
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 injuiy sustained by Owner or third persons resulting therefrom.
L. TIME OF COMPLETION
The Work called for herein shall be :fully completed within thirty (30) working days of Contractor's
receipt of the Notice to Proceed.
Exhibit A
F. CORRECTION OF WORD AFTER ACCEPTANCE AND
FILIAL 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 fiom 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 patties hereto have executed this Agreement as of — day
of , 20
TOWN OF LOS GATOS by:
Debra J. Figone, Town Manager:
CONTRACTOR., by.
(Signature)
John E. Curtis
Director of Parks and Public Works
(City, State, Zip)
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
(Contractor's License Number)
ATTEST.
Marlyn Rasmussen, Clerk Administrator
(Print Name)
(Address)
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Attachment 2