2003-110 - Awarding A Construction Contract With Casey Construction Company For Project #02-10a Retaining Wall ReplacementsRESOLUTION 2003 -110
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT WITH
CASEY CONSTRUCTION COMPANY
FOR PROJECT # 02 -10A
RETAINING WALL REPLACEMENTS
WHEREAS, bids were sought in conformance with State and Town law for Project #02 -10
Retaining Wall Replacements; and
WHEREAS, Casey Construction Company 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 Casey Construction Company is declared to
be the lowest responsible bidder for Project #02 -10A - 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 $224,511.00.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $30,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 15" day of September, 2003, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
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SIGNED: AYO OF THE TOWN OF LOS GATOS/
LOS TOS, CALIFORNIA
ATTEST:
s
CLERK OF THE TOWN OF LOS ZIATOS
LOS GATOS, CALIFORNIA
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner ")
and Casey Construction Company (hereinafter referred to as "Contractor "). Owner and Contractor,
for the consideration hereinafter named, agree as follows:
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of Project
02 -10A - Retaining Wall Replacement in accordance with the Contract Documents.
B. CONTRACT PRICE
As full compensation for furnishing all materials and for doing all the work contemplated and
embraced in this Contract, also for all loss or damage arising out of the nature of the work aforesaid,
or from the actions of the elements, or from any unforeseen difficulties or obstructions which may
arise or be encountered in the prosecution of the work until its acceptance by Owner, and for all risks
of every description connected with the Work, also for all expenses incurred by or in consequence
of the suspension or discontinuance of work, and for well and faithfully completing the Work, and
the whole thereof, in the manner and according to the Contract Documents, Owner shall pay two
hundred and twenty four thousand five hundred and eleven dollars ($ 224,511.00), 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 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. SCHEDULE
Contractor shall submit to Town a schedule detailing all pertinent construction milestones, long -lead
items. This construction schedule shall indicate a look -ahead period of three (3) weeks. Contractor
shall submit the construction schedule for Town's review and comments one week prior to the pre
construction meeting.
E. 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 therefrom.
Exhibit A
F. TIME OF COMPLETION
The Work called for herein shall be fully completed by FIFTY (50) working days.
G. 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.
H. 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: Casey Construction
Company
Debra J. Figone, Town Manager (Signature)
RECOMMENDED BY: (Print Name)
John E. Curtis (Address)
Director of Parks and Public Works
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
ATTEST:
Marian V. Cosgrove, Town Clerk
(City, State, Zip)
(Contractor's License Number)
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