2009-084 - Awarding A Construction Contract To Pipenology Inc. For Ppw Job No. 09-17 - Storm Drain Rehabilitation ProjectRESOLUTION 2009 -084
RESOLUTION OF THE TOWN* COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT
TO PIPENOLOGY INC. FOR
PPW JOB NO. 09 -17 — STORM DRAIN REHABILITATION PROJECT
WHEREAS, bids were sought in conformance with State and Town law for PPW Job No. 09 -17
— Storm Drain Rehabilitation Project; and
WHEREAS, PIPEnology 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 PIPEnology Inc. is declared to be the lowest responsible
bidder for PPW Job No. 09 -17 —Storm Drain Rehabilitation Project.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and directed to
execute a construction contract (Exhibit A) for said project on behalf of the Town in.an amount not to
exceed $45,890.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as
necessary, in an amount not to exceed $5,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 8 "' clay of September, 2009, by the following vote:
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector and Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
.ATTEST:
`�C)4K OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONTRACT
Exhibit A
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
"Owner ") and PIPEnology 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 and perform all of the work for the construction of PPW
Job No. 09 -17 Storm Drain Rehabilitation 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 (Forty -five thousand eight - hundred ninety dollars) $4( 5,890)
which shall supersede any other amount specified in the Contract Documents.
C. CONTRACT DOCUMENTS
All rights and obligations of Owner and Contractor are hilly 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 Docuuments are defined in Part 1,
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 thirty (30) worldng 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 clue 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.
G. LIQUIDATED DAMAGES
The -undersigned has reviewed and is thoroughly familiar with the appropriate sections of the
Contract and Part 1I, 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 ) 2009.
TOWN OF LOS GATOS, by:
CONTRACTOR, by:
PIPEnology Inc.
Greg Larson, Town Manager
RECOMMENDED BY:
Todd Capurso
Director of Parks and Public Works
(Signature)
(Print Name)
(Address)
APPROVED AS TO FORM:
Off y P. Korb, Town Attorney
(City, State, Zip)
ATTEST:
Jackie Rose, Cleric Administrator (Contractor's License Number)