2008-012-Awarding A Construction Contract To G. Bortolotto & Company For Ppw Job No.07-04 Annual Street Repair And Resurfacing ProjectRESOLUTION 2008-012
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
G. BORTOLOTTO & COMPANY
FOR PPW JOB N0.07-04
ANNUAL STREET REPAIR AND RESURFACING PROJECT
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No.07-04 -Annual Street Repair and Resurfacing Project; and
WHEREAS, G. Bortolotto & Company submitted a 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 G. Bortolotto & Cornpany
is declared to be the lowest responsible bidder for PPW Job No. 07-04 -Annual Street Repair and
Resurfacing Project;
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 $726,386.70.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as
necessary, up to an amount of $100,000.
PASSED AND ADOPTED at a regular meeting of the Town Council held on Febniary 19, 2008,
by the following vote:
COUNCIL MEMBERS:
AYES.: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
:ABSTAIN:
MAYOR OF~`THE~W~(SF LOS GATOS
LOS G~ S, CALIFORNIA
ATTEST:
a ~~ ~,~
CL R OF THF, TOWN OF LOS GATOS
LOS _ ATOS, CALIFORNIA
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
("Owner") and G. Bortolotto & Company 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. 07-04 -Fiscal Year 2007-08 -Annual Street Kepair and Resurfacing Project; in
accordance with the Contract Documents.
S. 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 (seven hundred twenty six thousand three hundred eighty six
dollars and seventy cents) $726,386.70, which shall supersede any other amount specified in the
Contract Documents.
G CONTRACT DOCUMENTS
All rights and obligations of Owner and Contractor are frilly 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 W ORK
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 Worlc called for herein shall be fully completed in eighty (80) 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:
G. Bortolotto & Company
Greg Larson, Town Manager
RECOMMENDED BY:
Kevin Rohani
Interim Director of Parks and Public Works
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
ATTEST:
(Signature)
(Pxint Name)
(Address)
(City, State, Zip)
__
Jackie Rose, Clerk Administrator (Contractor's License Num er