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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 #O1-D6 - 2001 SUIZF'ACE (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 Apri124, 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 $33:5,083.50. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21St day of May, 2001, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynsl~i. 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 ~~;o~. o6b CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referredto 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 ContractDocuments. 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 forall 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 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 referencethe 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. AnyRev. 3/21/01 16 F. CORRECTION OF WORK AFTER ACCEPTANCE AND F1NAL 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 shalt appear within a period of 2 years from he 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) (Address) Orry P. Korb, Town Attorney ATTEST: (City, State, Zip) (Contractor's License Number) Marian V. Cosgrove, Town Clerk AttyRev. 3/21/01 ~ 7