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2010-032-PPW Job No. 09-20 Prospect Avenue Resurfacing - G. Bortolotto & Co. Lowest BidderRESOLUTION 2010-032 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO G. BORTOLOTTO & COMPANY INC. FOR PPW JOB NO, 09-20 PROSPECT AVENUE RESURFACING WHEREAS, bids were sought in conformance with State and Town law for PPW Job . No.09-20 -Prospect Avenue resurfacing; and WHEREAS, G. Bortolotto & Company Inc, submitted a bid which the Town Council deems to be t•esponsive 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 G. Bortolotto & Company Inc. is declared to be the lowest responsible bidder for PPW Job No. 09-20 -Prospect Avenue Resurfacing Project. BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and dit•ected to execute a construction contract (attached as Exhibit A) for said project on behalf of the Town in an amount not to exceed $103,911.39 BE IT FURTHER RESOLVED that staff is authorized to execute future change ordet•s to the contract as necessary in an amount not to exceed $70,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the St'' day of Apt•il, 2010, by the following vote:. COUNCIL MEMBERS: AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman, Mayor Diane McNutt NAYS: ABSENT; ABSTAIN: SIGNED: Dfawa l~1 ~Al~' MAYOR OF TI-IE TOWN OR LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ~ ~~~ CL ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CONTRACT )exhibit A THIS AGREEMENT is between the Town of Las Gtttos (hereinafter referred to as ("Owner") and G. Bortolotto & Company Inc. hereinafter referred to as ("Contractor"),Owner atad Contractor, for the consideration hereinafter named., agrees as follows: A. SCOPE OF WORD Contractor shall :furnish all materials and perform all of the work for the construction of PPW Job No, 09-20 _.. Prospect Avenue Resurfacing Project. 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 tl~ze nature of t11e work aforesaid, or fi•otn the actions of the elements, or from any unforeseen difficulties or obstructions which may arise or be encolmtered in the prosecution of the work until its acceptance by Owner, and for all risks of. every description cotulected with the Wotlc, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, atld for wall and faithfully completing the Worlc, and the whole thereof, in the manner aild accorditlg to the Contract Documents, Owner shall pay (one-hundred-three-thousand nine-hundred-eleven dollars and thirty-nine Dents) $103,921.39, which shall supersede qtly other atnolu1t specified in the Contract Documents. C. CONTRACT DOCUMENTS All rights artd 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 defialed in Part I, Section 1-1.01(A) of these Specifications and are incorporated herein by reference the same as though set out it1 full, D. BEGINNING OF WORD Pollowit~g the exeelltion of this Contract and the approval of bonds and insurance policies and certificates, Owner shall issue a Notice to P~^oceed with the Worlc, Commencing work or thG entrance of equipment or materials on the site of_tlte Worlc b.y Contractor before receipt of the Notice to P~^oceed is at the sole risk and expense of Contractor, and the Contractor shall be i'ully liable for any damage or injluy sllstaltled by OWI1er Or t111rd perSOt1S reSUlting there from. E. TIME OF COMPLETION Tl1e Wolf called for herein shall be fully colnpleted~ in thirty (30) working days of Contractor's receipt of the Notice to Proceed. F. CORRECTION OF WORD AFTER ACCEPTANCE ANV FINAL PAYMENT I3Y TOWN Contractor shall remedy any defeats due to faulty materials and/or worltnaanship and pay for any damages to other work and/or existing facilities resulting there fi~oln 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 fart II, Section 8-1.03 of these Specifications pertaining to liquidated darxlages. IN WITNESS W>FIEREOF, the parties hereto have executed this Agreement as of day of , 2010. TOWN OF LOS G.ATOS, by; Greg Larson, Town Manager G. I3ortolotto & Company Inc., by: (Signature) RECOMMENa)ED I3Y: Todd Capurso Director of Parks and Public Works (1~rlnt Na111e) (Address) APPROVED AS TO FORM: Michael Martello, Interim Town Attorney (City, State, Zip) ATTEST: Jackie Rose, Cleric Administrator (Contractor's License Number)