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2002-061- Awarding A Construction Contract With Casey Construction Company For Project #02-10 Retaining Wall Replacements~ RESOLUTION 2002 - bl ~ RESOLUTION OF THE TOWN COUNCIL OF'THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT WITH CASEY CONSTRUCTION COMPANY FOR PROJECT # 02-10 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 #02-10 -Retaining Wall Replacements. 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 $191,023.55. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of May, 2002, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynslci, Mayor Randy Attaway. NAYS: None .ABSENT: None ABSTAIN: None SIGNED: MAYOR OF E TOWN LOS GATOS LOS GATOS, CALIFO A ATTEST: CLERK OF THE 'fOVJN OF LOS GATOS LOS GATOS, CALIFO~hNIA CONTRACT =$~~tt~...z~~. ~~ ~~ ~'s~~ t:t~.t~.y.~ ...1..~.~~~.~-~ sa~~....__~-~- THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") ~~ i:,~<C. ~~ and Casey Construction Company (hereinafter referred to as C~on~~~~`tor ).'~-`Owner a~-°' n~`®~ Contractor, for the consideration hereinafter named, agree as follows: `~~~~'~''~- - ~ - ~ - ~ --°°-g°°°--~- A. SCOPE OF WORK Contractor shall furnish all materials and perform .all of the work for the construction of Project # 02-10 -Retaining Wall Replacements 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 orbe 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 (hereof, in the manner .and according to the Contract Documents, Owner shall pay one hundred ninety one thousand twenty three dollars and fifty five cents ($ 191.023.55 ), which shall supersede any other amount specified in the Contract Documents. G CONTRACT DOCUMENTS All rights and obligations of Owner acid 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 .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 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 ofthe 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 COM~~ ETION The Mork 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 exsfiing 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. Fgone, Town Manager RECOMMENDED BY: .John E. Curtis Director of Parks and Public Works APPROVED AS TO FORM: CONTRACTOR, by: (Signature) {Print Name) (Address) (City, State, .Zip) Orry P. Korb, 'Town Attorney ATTEST: (Contractor's .License Number) Marian V. Cosgrove, Town Clerk U u P U r C Q O 0 w ~ O C N Q ~ N ~ _ '~ o 'C d 60 .~ a ~ a 0 v ~ ~ ~ ~ Y ,~ ~ ~ ~ o a~~ VI y Gt ~ ~ (y O H ,n i„ ~C O y .~ ~ ~ p V d C ~ :~ N ~ U 0 0 a+ a ~ °u A .~ .9 A N C a b ~ Npp r N w N 'C n 4 O DT W ~ u C °~' •~ -~ ~" V F-, c " ? R ~ ~ ~~ .~ v ~ ,~ A A ba .5 ~ o ~, >~ .u m v M d a 3 b ~ .n p N a'J ~3 N .~ F 7 V ~ .n Attachment 3