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2006-063-Awarding A Construction Contract To Joseph J. Albanese For Project 04-63RESOLUTION 2006 - 063 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO JOSEPH J. ALBANESE, INC. FOR PROJECT 04 -63 - MAIN STREET RESURFACING AND STREETSCAPE AND LOS GATOS ALMADEN ROAD RESURFACING WHEREAS, bids were sought in conformance with State and Town/Redevelopment Agency law for Project 04 -63 - Main Street Resurfacing and Streetscape and Los Gatos Almaden Road Resurfacing; and WHEREAS, Joseph J. Albanese, Inc. submitted the lowest responsible bid which the Town Council/Agency deems to be responsive to the Town's solicitation dated in April 2006. 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 Joseph J. Albanese, Inc. is declared to be the lowest responsible bidder for Project #04 -63 - Main Street Resurfacing and Streetscape and Los Gatos Almaden Road Resurfacing; and; 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/Agency in the amount of $1,559,550; and BE IT FURTHER RESOLVED, that the staff is authorized to execute future change orders, as necessary, up to an amount of $100,000; and BE IT FURTHER RESOLVED that the Town Manager/Executive Director is hereby authorized to include the budget adjustments, interfund transfers and intra - project transfers as detailed in the Fiscal Impact section of the staff report into the FY 2006 -11 Capital Improvement Plan to be presented for final approval by Town Council/Members of Redevelopment Agency on June 19, 2006. PASSED AND ADOPTED, at a regular meeting of the Town Council/Redevelopment Agency of the Town of Los Gatos, California, held on the 5' of June, 2006 by the following vote: COUNCIL /AGENCY MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt. 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 TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CONTRACT THIS AGREEMENT is between the Town of Los Gatos Redevelopment Agency (hereinafter referred to as "Owner ") and Joseph J. Albanese, Inc. (hereinafter referred to as "Contractor "). Owner and Contractor, for 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 04 -63 - Main Street Resurfacing and Streetscape and Los Gatos Almaden Road Resurfacing 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 million five hundred fifty nine thousand five hundred forty nine dollars and seventy -five cents) ($1,559,549.75), 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. EXHIBIT A 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 therefrom. E. TIME OF COMPLETION The Work called for herein shall be fully completed within sixty (60) working days of Contractor's receipt of the Notice to Proceed. F. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN /AGENCY 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. G. 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 WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of ,20 TOWN OF LOS GATOS, by: Debra J. Figone Town Manager/Executive Director RECOMMEND BY: John E. Curtis Director of Parks and Public Works APPROVED AS TO FORM: Orry P. Korb Town Attorney /General Counsel ATTEST: Marlyn Rasmussen Clerk Administrator /Secretary of the Redevelopment Agency CONTRACTOR, by: Joseph J. Albanese, Inc. 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