2005-055 - Awarding A Construction Contract To Joseph J. Albanese, Inc. For Project 04 -61- La Rinconada Park Trail ReconstructionRESOLUTION 2005 - 55
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
JOSEPH J. ALBANESE, INC.
FOR PROJECT 04 -61- LA RINCONADA PARK TRAIL RECONSTRUCTION
WHEREAS, bids were sought in conformance with State and Town law for Project No.
04 -61- La Rinconada Park Trail Reconstruction; and
WHEREAS, Joseph J. Albanese, 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 Joseph. J. Albanese, Inc. is declared to be
the lowest responsible bidder for Project No. 04 -61 - La Rinconada Park Trail Reconstruction.
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 $40,363.00.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $3,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 6th day of June, 2005, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
None
None
ABSTAIN: None
SIGNED: MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: '�
A ERK�L M " T BATOR OF THE LOS GATOS, CALIFORNIA
LOS GATOS, CALIFORNIA
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (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-
61 La Rinconada Park Trail Reconstruction 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 Forty
thousand three hundred sixty three hundred ($40,363.00), 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 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 therefrom.
E. TIME OF COMPLETION
The Work called for herein shall be fully completed within Thirty (3 0) 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 worlmanship 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: CONTRACTOR, by: Joseph J. Albanese,
Inc.
Debra J. Figone, Town Manager (Signature)
RECOMMEND BY:
John E. Curtis (Print Name)
Director of Parks and Public Works
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
ATTEST:
Marlyn Rasmussen, Clerk Administrator