2005-048 - Awarding A Construction Contract To Duran And Venables, Inc. For Project 0465 - Alley ImprovementsRESOLUTION 2005 - 48
RESOLUTION OF THE TOWN COUNCIL /REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
DURAN AND VENABLES, INC.
FOR PROJECT 0465 - ALLEY IMPROVEMENTS
WHEREAS, bids were sought in conformance with State and Town law for Project No.
0465 - Alley Improvements; 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. 0465 - Alley
Improvements.
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 $ 511,475.00 .
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $5,000.
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 /AGENCY MEMBERS
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor /Chair Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: MAYOR OF THE TOWN OF LOS GATOS
CHAIR OF THE REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
SECRETARY OF THE REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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THIS AGREEMENT is between the Town of Los Gatos Redevelopment
Agency (hereinafter referred to as "Owner ") and Duran and Venables, 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 #04465 Alley Reconstruction in accordance with the Contract Documents.
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 eleven thousand four hundred seventy five ($611,475,00), which shall
supersede any other amount specified in the 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.
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.
AIIIN �l11T�» lr
The Work called for herein shall be fully completed within fifty (50) working days of
Contractor's receipt of the Notice to Proceed.
CO F. WORK A ACCE r
FINAL PAYMENT BY T
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 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 CONTRACTOR, by:
REDEVELOPMENT AGENCY, by: Duran and Venables, Inc.
Debra J. Figone, Town Manager/
Executive Director
(Signature)
John 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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