2004-016- Awarding A Construction Contract With Duran & Venables Inc. For Project 0409B ADA Improvements To Parking Lots
RESOLUTION 2004 -16
.RESOLUTION OI' THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT WITH
DURAN & VENABLES INC.
FOR .PROJECT 0409B
ADA IMPROVEMENTS TO PARKING LOTS
WHEREAS., bids were sought in conformance with State and Town law for Project No.
04-09B ADA Improvements to Parking Lots No. 1, 2, 3, and 6; and
WHEREAS, Duran &Venables, Inc. 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 Duran &Venables, Inc.
is declared to be the lowest responsible bidder for Project No, 04-09B ADA Improvements to
Parking Lots No, 1, 2, 3, and 6.
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 $42,750.00.
BE IT .FURTHER RESOLVED, that staff is .authorized to execute future change orders,
as necessary,. up to an amount of $10,000.
PASSED .AND ADAPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17`h day of February, 2004, by the following vote:
COi7NCIL MEMBERS.:
AYES: .Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS: None
ABSENT: None
ABSTAIN: None
~~~~
.SIGNED: MAYOR OF THE TOWN OF LOS GATOSI
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE 'TOWN OF LOS GATOS
LOS GATOS, CA.L;IFORNiA
COI~ITRA.CT
THIS AGREIIMENT is between the Town of Los Gatos (hereinafter referred to as"(Owner")
and Duran & Venables, Inc. (hereinafter referred to as "Contractor"). Owner and Contractor, for
the consideration hereinafter named, agree as follows:
A. SCOPE OF WORK
Contractor shall furnish all materials aiid perform all of the work for the construction of Project
No. 04-09B ADA Improvements to Parizing Lots No. 1, 2, 3, and 6 in accordance with the
Contract Documents.
B. CONTRACT PRICE
As full compensation for furnishing all materials and for doing all the work contemplated and
embraced in this Contract, also for a111oss or damage arising aut of the nature of the work .aforesaid,
or from the actions of the elements, or from any unforeseen difficulties or obstructions which may
arise or be encountered in the prosecution of the work until its acceptance by Owner, and for allrisks
of every description connected with the Worlc, .also for all expenses incurred by or inconsequence
of the suspension or discontinuance of work, and for well and faithfully completing the Work, and
the whole thereof, in the manner and according to the Contract Documents, Owner sha11 pay
Forty two thousand seven hundred fifty dollars ($ 42,750001, which shall supersede any other
amount specified in the Contract Documents.
C. CONTRACT DOCI7MENTS
All rights and obligations of Owner and Contractor are fully set Earth. and described in the Contract
Documents. A11 pants of the Contract IOacuments are intended to be correlated so that any work
called for in are 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 aNotzce to Proceed with the Worl~. Commencing work ar 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 injuuy sustained by Owner or third persons resulting therefrom. .
E. TIME OI+' COMPLETION
TIZe Worlc called for herein shall be fully completed by :Forty (40) working days of Contxactor's
receipt of the Notice to Proceed.
Exhibit A
F. CORRECTION OF WORK. AFTER A:CCEPTANC 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 wluch shall appear' within a
period of 2 years from the date ofrecording of the Notice of Completion.
G. L,IQUIDA,TED DAMAGES
The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the
Gantract and Part I, Section 8-1.p3 of these Specifications pertaining to liquidated damages.
TN WITNESS WI-IEREOF, the partXes hezeto have :executed this Agreement as of day
of , ~p___~,_
TOWN OF LOS GATOS, by;
CONTRACTOR, by:
Debra J. Figone, Town Manager
(Signature)
.RECOMMENDED BY:
Jol~rz E. Curtis
Director of Parks and Public Works
(Print Name)
(Address)
APPROVED AS TO FORM:.
Ozty P. T~orb, Town Attorney
(City, State, .Zip)
ATTEST;
(Contractor's License Numbex)
Marian V. Cosgrove, Town Clerk
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