2005-047 - Awarding A Construction Contract To Duran And Venables, Inc. For Project 0413 - Santa Cruz Avenue ResurfacingRESOLUTION 2005 - 47
RESOLUTION OF THE TOWN COUNCIL /REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
DURAN AND VENABLES, INC.
FOR PROJECT 0413 - SANTA CRUZ AVENUE RESURFACING
WHEREAS, bids were sought in conformance with State and Town law for Project No.
0413 - Santa Cruz Avenue Resurfacing; and
WHEREAS, Duran and Venables, Inc. submitted the lowest bid which the Town
Council /Redevelopment Agency deems to be responsive to the Town's solicitation.
WHEREAS, public improvements are of benefit to the project area or the immediate
neighborhood of the project area; and
WHEREAS, no other reasonable means of financing such public improvements are
available to the community; and
WHEREAS, the Redevelopment Agency's contribution to the cost of the public
improvement will assist in elimination of one or more blighting conditions in the project area;
and
NOW, THEREFORE, BE IT RESOLVED by the Town Council /Redevelopment
Agency of the Town of Los Gatos, County of Santa Clara, State of California, that Duran and
Venables, Inc. is declared to be the lowest responsible bidder for Project No. 0413 - Santa
Cruz Avenue Resurfacing.
BE IT FURTHER RESOLVED that the Town Manager /Executive Director 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 $ 538,500.00
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $70,000.
PASSED AND ADOPTED at a regular meeting of the Town Council /Redevelopment
Agency of the Town of Los Gatos, California, held on the 16th day of May, 2005, by the
following vote:
COUNCIL MEMBERS
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: MAYOR/CHAIR
OF THE TOWN OF LOS GATOS/
REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
SECRETARY OF THE REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
THIS AGREEMENT is between the Torn of Los Gatos Redevelopment Agency
(hereinafter referred to as "Owner ") and Duran and Venabies, Inc. (hereinafter referred to as
"Contractor "). Owner and Contractor, for the consideration hereinafter named, agree as follows:
Contractor shall furnish all materials and perform all of the work for the construction of
PROJECT #04 -13 Santa Cruz Avenue Resurfacing in accordance with the Contract
Documents.
E. 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 five hundred thirty eight
thousand five hundred dollars ($538,500.00), 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 11, Section 1- 1.01(A) of these Specifications and are incorporated herein
by reference the same as though set out in full.
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.
Exhibit A
The Work called for herein shall be fully completed within the time frame as defined in Part
II, Section 8 -1.02 of these Specifications and are incorporated herein by reference the
same as though set out in full.
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 therefrom which shall
appear within a period of 2 years from the date of recording of the Notice of Completion.
The undersigned has reviewed and is thoroughly familiar with the appropriate sections of
the Contract and Part II, Section 81.03 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 G A T O S CONTRACTOR, by: Duran and Venables
REDEVELOPMENT AGENCY, by: Inc.
Debra J. Figone, Town Manager/
Executive Director
(Signature)
r
Jahn E. Curtis
Director of Parks and Public Works
Orry P. Korb, Town Attorney/
General Counsel
ATTEST:
(Print Name)
(Address)
(City, State, Zip)
(Contractor's License Number)
Marlyn Rasmussen,
Clerk Administrator /Secretary of the
Redevelopment Agency
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