2001-053- Awarding A Construction Contract For Project #01-06 -2001 Surface (Slurry) Seal ProgramRESOLUTION 2001- 53
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT
FOR PROJECT #01-06 - 2001 SURFACE (SLURRY) SEAL PROGRAM
WHEREAS, bids were sought in conformance with State and Town law for the Project
#01-06 - 2001 Surface (Slurry) Seal Program; and
WHEREAS, Valley Slurry Seal Company of West Sacramento, California submitted the
lowest bid which the Town Council deems to be responsive to the Town's solicitation dated
April 24, 2001.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that Valley Slurry Seal Company of West
Sacramento, California is declared to be the lowest responsible bidder for Project #01-06 - 2001
Surface (Slurry) Seal Program.
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 $335,083.50.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 21s' day of May, 2001, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None}
C.J
SIGNED: MAYOR THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner")
and Valley Slurry Seal 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
#01-06: 2001 SURFACE (SLURRY) SEAL 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 Three -hundred -thirty -five -thousand -eighty-three & 50/100 dollars, ($335,083.50),
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. 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.
E. TIME OF COMPLETION
The Work called for herein shall be fully complete within 60 calendar days of Contractor's receipt
of the Notice to Proceed.
AttyRev. 3/21/01 16
F. 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.
G. 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:
Debra J. Figone, Town Manager (Signature)
APPROVED AS TO FORM: (Print Name)
Orry P. Korb, Town Attorney
ATTEST:
Marian V. Cosgrove, Town Clerk
(Address)
(City, State, Zip)
(Contractor's License Number)
AttyRev. 3/21/0.1 17