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2002-079- Awarding A Construction Contract With Duran And Venables, Inc For Project #01-06 Street Repair And Resurfacing On Phillips Road, Cypress Way And High StreetRESOLUTION 2002 - 79 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT WITH DURAN AND VENABLES, INC. FOR PROJECT # 01-06 STREET .REPAIR. AND .RESURFACING ON PHILLIPS ROAD, CYPRESS WAY, AND HIGH .STREET WHEREAS, bids were sought in conformance with State and Town .law for Project #01- 06 Street Repair and Resurfacing on Phillips Road, Cypress Way and High Street, 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 #Ol -06 -Street Repair and Resurfacing on Phillips Road, Cypress Way, and High Street. 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 $$304,139.20. PASSED AND ADOPTED at a regularmeeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of June, 2002, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynslc, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR O THE TO F LOS GATOS/ LOS GATOS, CALIFO IA A--TTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ( (_ ~'FICE OF THE TOWN CLERk aGR ~ 2 ~ ~~ CONTRACT IHH ORD THIS AGREEMENT is between the Town of Los Gatos (herei~~~ " and Duran & Venables Inc. (hereinafter referred to as "Contractor"~~vnerand Contractor or 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 #O1 ~06 Street .Repair and Resurfacing on Phillips Road, Cypress Way, and High .Street 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 ofthe 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 Three hundred four thousand one hundred thirtynne dollars and twent cents ( 304 39.20 ), 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. SCHEDULE Contractor shall submit to Town a schedule detailing all pertinent construction milestones, .long-Lead items. This construction schedule hall indicate alook-ahead period of three (3) weeks. Contractor shall submit the construction schedule for Town's review and comments one week prior to the pre- construction meeting. E. 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 PYOCeed 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.. F. TIME OF COMPLETION The Work called for herein shall be fully completed by FORTY (40) working days. G. 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 therefrom which shall appear within a period of 2 years from the date of recording of the Notice of Completion. H. 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 W NESS WHEREOF, the parties hereto have executed this Agreement as of ~'~~` day of .: ~ , 20~J~ . TOWN OF LOS GATOS, by: CONTRACTOR, by: ~(~'1~.~~ ~ ~~~~~~~`~ Debra J. Fi e, T wn Manager (Signatur ) RECO MENDED BY: Jo urtis, PPW Director APPROVED AS TO FORM: ~~ l M,~~ ~~..~,.1 (Print Name) 2~i ~In~lo fl~-~ Orry3'. Korb, Town Attorney ATTEST.: i i' ~ Ma 'an ' .. C gr ve, Town Clerk (Address) ~.~~, ~ aSD~~~ (city, S .ate, .Zip) ", J~ ~~ 1~ 7J ~ (Contractor's License Number)