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2002-128-Awarding A Construction Contract To Cb Construction Co. For Project #02-18RESOLUTION 2002 -128 RESOLUTION OF TH'E TOWN COUNCIL DF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CB CONSTRUCTION COMPANY FOR PROJECT #02-18 FY2002-03 CURB, GUTTER, AND SIDEWALK REPLACEMENT ' - - WHEREAS, bids were sought in conformance with State and Town law for Project #02- 1$ Curb, Gutter, and Sidewalk Project; and WHEREAS, CB Construction Company submitted the .lowest responsible bid which the Town Council deems to be responsive to the Town's solicitation dated June 17, 2002. .NOW, THEREFORE, BE IT RESOLVED 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 Project #02-18 - FY2002-03 Curb, Gutter, and Sidewalk Project. 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 $ 278,604.00. 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of July, 2002, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, .Steve Glickman, Joe Pirzynski, Mayor Randy Attaway NAYS: None ABSENT: Sandy Decker ABSTAIN: None SIGNED:. .MAYOR HE TOWN LOS GATOS LOS GATOS, CALIFO IA ATTEST: CLERK OF THE TO~J,N OF LOS GATOS LOS GATOS, CALIFORNIA OFI'ICE OF THE TOWN CLERK CONTRACT _~G~, ~ ~, ~~~~ THIS AGREEMENT is between the Town of Los Gatos (herein~~ CB Construction Company (hereinafter referred to as "Contractor"). t7ner_and Contrac or' for the consideration hereinafter named, agree as follows: REC A. SCOPE OF WORK .RESC) Contractor shall furnish all materials and perform all of the work for the construction of Project #02- 18 - FY2002-03 -Curb, Gutter, and Sidewalk 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 Work, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay Two hundred seventy eight thousand six hundred four dollars ($278,604.00 ), 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 byreference the same as though set out in X11, D. CONSTRUCTION PLAN AND SCHEDULE As a part ofthis 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 abilityto meet the P an 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 plan maybe grounds for rejection of a bid. Contractor shall submit to the Owner 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 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. ~" ~ F. TIME OF COMPLETION The Work called for herein shall be fully completed by October 31 , 2002. 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: Debra J. Figone, Town Manager RECO MENDED BY: o E. Curtis ' ctor of Parks and Public Works APPRO ED AS TO FORM: O ,Korb, Town Attorney By; C s n parry (Signature) G,~~~b~11~., ~ 1~~.;~R-o~ei~.l (Print Name) 1784 Shelburne Way (Address) Los Gatos, CA 95030 (City, State, Zip) ATTEST: Marian V. Cosgrove, Town Clerk (Contractor's License Number)