2008-081-Awarding A Construction Contract To Msi Underground Improvements Inc For Ppw Job No A08-017 Los Cerritos Drive Storm Drain ProjectRESOLUTION 2008-081
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
MSI UNDERGROUND IMPROVEMENTS, INC.
FOR PPW JOB NO. A08-017
LOS CERRITOS DRIVE STORM DRAIN PROJECT
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No. A08-017 -Los Cerritos Drive Storm Drain Project; and
WHEREAS, MSI Underground Improvements, Inc. submitted a 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 MSI Underground Improvements, Inc.
is declared to be the lowest responsible bidder for PPW Job No. A08-017 -Los Cerritos Drive
Storm Drain 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 $27,500.00.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 16`x' day of June, 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynslci, Mike Wasserman, and Mayor
Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
SIG
a~~q~
MAYOR THE TOWN OF LOS GATOS
LOS TOS, CALIFORNIA
,TEST:
~ ~.
C ERI OF THE TOWN OF LOS GATOS
L ATOS, CALIFORNIA
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
"Owner") and MSI Underground Improvements, Inc. (hereinafter referred to as
"Contractox").Owner and Contractor, for the consideration hereinafter named, agrees as follows:
A. SCOPE OE WORK
Contractor shall fi~rnish all materials and perform all of the work for the construction of PPW
Job No. A08-017 -Los Cerritos Drive Storm Drain Project in accordance with the Contract
Documents.
B. CONTRACT PRICE
As fill compensation far furnishing all materials and for doing all the work contemplated and
embraced in this Contract, also for alI 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 ox be encountered in the prosecution of the work until its acceptance by Owner,
and for all risks of every description connected with the Worlc, also for all expenses incurred by
or in consequence of the suspension or discontinuance of work, aiid for well and faithfiilly
con~.pleting the Work, and the whole thereof, in the manner and according to the Contract
Documents, Owner shall pay (tv~enty seven thousand five hundred dollars) ($27,500,00), wluch
shall supersede any other ~ua~ount 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 DocLUnents. All parts of the Contract Documents are intended to be correlated so that
any work called far 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.
D. 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. Cornmeneing work or the
entrance of equipment or materials on the site of the Woxk by Contractor before receipt of the
Notice to Proceed is at the sale risk and expense of Contractor, and the Contractor shall be fully
liable far any daYnage or injury sustained by Qwner or Hurd persons resulting there from,
E. TIME OF COMPLETION
The Worlc called for herein shall be fitlly completed in fifty (SO) vvorlcing days of Contractor's
receipt of the Notice to Proceed.
F, CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY
TOWN
Contractox shall remedy any defects due to faulty ix~atexials and/or workmanship and pay for any
damages to other woxk and/or existing facilities resulting there from which shall appear within a
period of 2 years from the date of recording of the Notice of Cnm~letion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
day of , 2Q
TOWN OF LOS GATOS, by:
CONTRACTOR, by:
MSI Underground Improvemen#s, Inc.
Cn•eg Larson, Town Manager
RECOMMENDED BY:
Kevin Rohaiu
Interim Director of Pants and Public Worlts
(Signatiu•~)
(Print Name)
(Address)
APPROVED AS TO FORlYI:
Orry P. Koxb, Town Attorney
(City, State, Zip)
ATTEST:
Jackie Rose, Clerk Administrator
(Contractor's License Number)