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2002-130-Awarding Construction Contract To Cb Construction Co. For Project #01-08RESOLUTION 2002 -130 RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS .AWARDING A CONSTRUCTION CONTRACT TO CB CONSTRUCTION COMPANY FOR PROJECT #O1-08 -NORTH SANTA CRUZ AVENUE STREETSCAPE IMPROVEMENTS -PHASE I WHEREAS, bids were sought in conformance with State and Town law for Proj ect #O 1-08 North Santa Cruz Avenue Streetscape Improvements; and WHEREAS, CB Construction Company .submitted the lowest responsible bid which the Town Council/Redevelopment Agency deems to be responsive to the Town's solicitation dated July 2, 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 CB Construction Company is declared to be the lowest responsible bidder for Project #O1-08 -North Santa Cruz Avenue Streetscape Improvements -Phase 1. 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 $272,855. BE IT FURTHER RESOLVED that the Town Manager/Executive Director is authorized to execute future change orders, as necessary, up to an amount of $30.,000. BE IT FURTHER .RESOLVED, that the Town Manager/Executive Director is hereby authorized and directed to execute a contract for communications and marketing services related to this project for an amount not to exceed $30,000. PASSED AND ADOPTED at a regular meeting ofthe Town Council/Redevelopment Agency of the Town of Los Gatos, California, held on the 1551 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 AB'STA1N: None SIGNED: MAYOR O HE TOWN F LOS GATOS/ CHAIR O THE REDEV LOPMENT AGENCY LOS GATOS, CALIFORNIA ATTEST: CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ( ?Fit;E ~ iF I'HL: TUWN CLERK CONTRACT oRD_.._._. THIS AGREEMENT is between the Town of Los Gatos Redevelopme referred to as "Agency")and CB Construction Company :(hereinafter referr`~~t~as-"Contrac+~=? n~=-mPr .and Contractor, for the consideration hereinafter named, .agree as follows; A. SCOPE OF WORK Contractor shall furnish all materials andperform all ofthework for the construction of Proj ect #O1- 08North Santa Cruz Streetscape 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 inthe prosecution of the work until its acceptanceby 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 ofwork, 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 andseventy two thousand eight hundred and fifty five dollars ($272,855), 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 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-l.Ol (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 and pedestrian 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 subjectively. 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 p an may be 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 WORK 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 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 Agency or third :persons resulting therefrom. F. TIIVIE OF COMPLETION The Work called for herein shall be fully completed by September 27, 2002. 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 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 ofthese 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: Debra J. Figone Town Manager/Executive Director RECOMMENDED BY: D ment Head /Title APPROVED AS TO FORM: O .Korb, General Counsel by: CB C uction Company {Signature) (Print Name) 1784.Shelburne WaX (Address) ATTEST; Marian V. Cosgrove, Secretary to Redevelopment Agency .Los Gatos, CA :95030 {City, State, Zip) (Contractor's License Number)