2007-030 - Awarding A Construction Contract To Duran And Venables, Inc. For Ppw Job No. Various Trails, Pathways, And Parks' Asphalt Surface Improvements For Project 410 -0340RESOLUTION 2007 -030
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
DURAN AND VENABLES, INC.
FOR PPW JOB NO.
VARIOUS TRAILS, PATHWAYS,
AND PARKS' ASPHALT SURFACE IMPROVEMENTS
FOR PROJECT 410 -0340
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No. 03 -40 — Various Trails, Pathways, and Parks' Asphalt Surface Improvements; and
WHEREAS, Duran and 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 and Venables, Inc. is declared to be
the lowest responsible bidder for PPW Job No. 03 -40 - Various Trails, Pathways, and Parks'
Asphalt Surface Improvements.
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 $151,405.50.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $15,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 2nd day of April, 2007, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor
Joe Pirzynski
NAYS: None
ABSENT:
ABSTAIN:
SIGNED:
VAO R OF _ OWN OF LOS GATOS/
L ATOS, CALIFORNIA
ATTEST:
CLER ADMINISTRATOR OF THE TOWN OF LOS GATOS
'LOS GATOS, CALIFORNIA
Jackie Rose - Duran and Venables
From: Millie Sperath
To:
Jackie Rose
Date:
4/6/2007 10:22 AM
Subject:
Duran and Venables
CC:
Kevin Rohani; Melissa Huang
Jackie - please correct the project number for Council Report dated 4/2/07 - Item No. 2 - PPW Job No. should
be changed from 03 -40 to 06 -20, as well as on the contract document. Also, please change award letter and
contract document sent to Duran and Venables dated April 3 to the new PPW Job No. 6 -20.
We will be emailing new contract and bonds to Duran and Venables today with the corrected project number.
Thank you.
**************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Millie Sperath, Administrative Specialist
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
Phone: (408) 399 -5761 - .Fax: (408) 354 -8529
msperath @losgatosca.gov
Page 1
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
"Owner ") and Duran and Venables, Inc. (hereinafter referred to as "Contractor"). Owner and
Contractor, for the consideration hereinafter named, agrees as follows:
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of PPW
Job No. 03 -40 - Various Trails, Pathways, and Parks' Asphalt Surface Improvements 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 (one hundred fifty one thousand four hundred and five dollars and
fifty cents) ($151,405.50) 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 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.
EXHIBIT A
E. TIME OF COMPLETION
The Work called for herein shall be fully completed by (60) working 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 due 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 II, 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:
Duran and Venables, Inc.
Debra J. Figone, Town Manager
RECOMMENDED BY:
Kevin Rohani
Interim Director of Parks and Public Works
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
ATTEST:
Jackie Rose, Clerk Administrator
(Signature)
(Print Name)
(Address)
(City, State, Zip)
(Contractor's License Number)
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