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2003-110 - Awarding A Construction Contract With Casey Construction Company For Project #02-10a Retaining Wall ReplacementsRESOLUTION 2003 -110 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT WITH CASEY CONSTRUCTION COMPANY FOR PROJECT # 02 -10A 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 -10A - Retaining Wall Replacement. 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 $224,511.00. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as necessary, up to an amount of $30,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15" day of September, 2003, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None h SIGNED: AYO OF THE TOWN OF LOS GATOS/ LOS TOS, CALIFORNIA ATTEST: s CLERK OF THE TOWN OF LOS ZIATOS LOS GATOS, CALIFORNIA CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner ") and Casey Construction Company (hereinafter referred to as "Contractor "). Owner and Contractor, for the consideration hereinafter named, agree as follows: A. SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the construction of Project 02 -10A - Retaining Wall Replacement in accordance with the Contract Documents. B. CONTRACT PRICE As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, also for all loss or damage arising out of the nature of the work aforesaid, or from the actions of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by Owner, and for all risks of every description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the Work, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay two hundred and twenty four thousand five hundred and eleven dollars ($ 224,511.00), 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 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 a look -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. Exhibit A F. TIME OF COMPLETION The Work 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 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: CONTRACTOR, by: Casey Construction Company Debra J. Figone, Town Manager (Signature) RECOMMENDED BY: (Print Name) John E. Curtis (Address) Director of Parks and Public Works APPROVED AS TO FORM: Orry P. Korb, Town Attorney ATTEST: Marian V. Cosgrove, Town Clerk (City, State, Zip) (Contractor's License Number) a 0 h R 'D M � O ' r 0 D w� a u° P 00 b' n 'd w o "cr O O W P. w b (o � o A 0 Ati+A A � 0.9 n N d H \O N � o 14. °w A H O O O A n d n' Attachment Z D7v P O � 00 -0Ot (07100 j ff M N 0 0 0 0 0 0 0 0 0 0' N N O O ,Wp, �� (i! 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