2002-131-Awarding Construction Contract To Robert A. Bothman For Project #01-08i
RESOLUTION 2002 -131
RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
.ROBERT A. BOTHIVIAN, .INC.
FOR PROJECT #O1-08 -- NORTH SANTA CRUZ AVENUE
STREETSCAPE IMPROVEMENTS - (PHASE 2)
BEAN TO BACHMAN INTERSECTIONS
WHEREAS, bids were sought in conformance with State and Town law for Project #O1-
08 North Santa Cruz Avenue Streetscape Improvements - (Phase 2) - Bean to Bachman
Intersections; and
WHEREAS, Robert A. Bothman, Inc. submitted the lowest responsible bid which the
Town Council/Redevelopment Agency deems to be responsive to the Town's solicitation dated
May 21, 2002..
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 Robert A.
Bothman, Ina is declared to be the lowest responsible bidder for Project #01-08 -North Santa
Cruz Avenue Streetscape Improvements - (Phase 2) -Bean to Bachman Intersections.
BE IT .FURTHER RESOLVED that the Town Manager/Executive .Director is hereby
authorized and directed to execute a construction contract (Attached as Exhibit A) for said
project on behalf of the Town/Agency in the amount of $756,252.
BE IT .FURTHER RESOLVED that the Town:Manager/Executive Director is
authorized to execute future .change orders, as necessary, up to an amount of $80,000.
PASSED AND ADOPTED at a regularmeetng of the Town Council/Redeve'lopment
Agency of the Town of Los Gatos, California, held on the 15th day of July, 2002, by the
following vote:
COUNCIL/AGENCY MEMBERS:
AYES: Steven Blanton, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
ABSENT: Sandy Decker
ABSTAIN: None
SIGNED: MAYOR O HE TO F LOS GATOS/
CHAIR OF THE REDEV LOI'MENT .AGENCY
LOS GATOS, CALIFORNIA
ATTEST:
CLERI~/SECRETARY OF THE REDS ELOPMENT AGENCY
OF THE T'O~JN OF LOS GATOS
LOS GATOS, CALIFORNIA
~ CONTRACT ~ -~G~,I~~)" ~'ri~ ~~Uw?v cL>JRx
THIS AGREEMENT is between the Town of Los Gatos Redevelopmen gent. a'rrer
referred to as "Agency") and Robert A. Bothman, Inc. (hereinafter referred ~~~' "
Contractor, for the consideration hereinafter named, agree as follows: RE~~,_
A. .SCOPE OF WORK t~ES(1.4~~:.~. /~
Contractor shall furnish all materials and perform all ofthe work for the construction of Project #O1-
08 -North Santa Cruz Streetscape Project - (Phase 2) -Bean to Bachman Intersections 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 obstntctions which may
arise or be encountered in the prosecution ofthe 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 (seven
hundred and fifty six thousand two hundred and fiftytwo .dollars) {$756,252), which shall supersede
any other amount specified in the Contract Documents.
C. CONTRACT DOCUMENTS
All rights and obligations of Agency and Contractor are fully set forth and described inthe 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. CONSTRUCTION PLAN AND SCHEDULE
As a part of this bid package the Contractor shall complete the draft construction plan contained in
this bid package. .Said plan will include drawings and written descriptions of how the contractor
intends to control vehicular andpedestrian traffic during the project. The draft plan is intended to
indicate the Contractor's ability to meet the Plan and Specifications. It must be completed, but shall
not be .evaluated subj ectively. The plan submitted by the successful bidder may be subj ect to change
prior to the initiation of the Work. Failure to accurately and fully complete the included draft
construction plan maybe grounds for rejection of a bid.
Contractor shall submit to Agency a schedule detailing all pertinent construction milestones,. long-
lead items. This construction schedule shall indicate alook-ahead period of three {3) weeks.
Contractor shall submit the construction schedule for Agency's review and comments one week prior
to the pre-construction .meeting.
E. 'BEGINNING OF~ JRK
Following the execution of this Contract .and the .approval of bonds and insurance policies and
certificates, Agency shall issue a Notice to Proceed with the Work, Commencing work or the
entrance of equipment or materials on the site ofthe 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 Agency or third persons .resulting therefrom.
F. TIME OF COMPLETION
• The Work called for herein shall be fully completed by Apri130, 2003.
G. CORRECTION OF WORK AFTER ACCEPTANCE AND
FINAL PAYMENT BY AGENCY
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 ofrecording 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: by: Robert A, Rothman, Inc.
' ~ ~.~
~.
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Debra J. F'igone ,. -~(Sgnatu` ~_
Town Manager/Executive Director ~-~''~ James C. Moore, Vice President.
RECOMMENDED BY:
J hn .Curtis
D or of Parks and Public Works
(Print Name)
650 Ouinn .Avenue
(Address)
APPROVED AS TO FORM:
Orry P. Korb,. General Counsel
San Jose, CA 95112-2604
(City, .State, Zip)
ATTEST:
Marian V. Cosgrove, Secretary
to Redevelopment .Agency
44D332
(Contractor's License Number)