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2009-014-Awarding A Construction Contract To Republic Its For PPW Job No. 09-03 Pollard Road Lighted Crosswalk ProjectRESOLUTION 2009 -014 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO REPUBLIC ITS FOR PPW JOB NO. 09-03 POLLARD ROAD LIGHTED CROSSWALK PROJECT WHEREAS, bids were sought in conformance with State and Town law for PPW Job No. 09-03 — Pollard Road Lighted Crosswalk project; and WHEREAS, REPUBLIC ITS 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 REPUBLIC ITS is declared to be the lowest responsible bidder for PPW Job No. 09 -03 — Pollard Road Lighted Crosswalk 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 $ 58,400. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17"' day of February, 2009 by the following vote: COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED a � MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: �•...I OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as ( "Owner ") and Republic ITS hereinafter referred to as ( "Contractor "). Owner and Contractor, for the consideration hereinafter named, agrees as follows: A. SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the construction of PPW Job No. 09 -03 — Pollard Road Lighted Crosswalk 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 (fifty eight thousand four hundred) $ 58,400 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 there from. E. TIME OF COMPLETION The Work called for herein shall be fully completed in forty (40) working days of Contractor's receipt of the Notice to Proceed. 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 there from which shall appear within a period of 2 years from the date of recording of the Notice of Completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of , 20 TOWN OF LOS GATOS, by: Greg Larson, Town Manager CONTRACTOR, by: (Signature) RECOMMENDED BY: Todd Capurso Director of Parks and Public Works (Print Name) (Address) APPROVED AS TO FORM: Orry P. Korb, Town Attorney (City, State, Zip) ATTEST: Jackie Rose, Clerk Administrator (Contractor's License Number)