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2010-033 - Awarding A Construction Contract To Joseph J. Albanese Inc. For PPW Job No. 10-06 Park Tennis And Basketball Court Resurfacing ProjectRESOLUTION 2010-033 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO JOSEPH J. ALBANESE INC. FOR PPW JOB NO. 10-06 PARK TENNIS AND BASKETBALL COURT RESURFACING PROJECT WHEREAS, bids were sought in conformance with State and Town law for PPW Job No. 10-06 -Pack Tennis and Basketball Court Resurfacing Project; 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 PPW Job No. 10-06 - Parlc Tennis and Basketball Court 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 an amount not to exceed $61,250. BE IT FURTHER RESOLVED that staff is authorized to execute future change orders to the construction contract as necessary, in an amount not to exceed $6,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5~~' day of Api•il, 2010, by the following vote: COUNCIL MEMBERS: AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman, Mayor Diane McNutt NAYS: ABSENT: ABSTAIN: SIGNED: Dia~~ i~~n~rdt. MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AT~TE* ST: CL' I DMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CONTRACT Exhibit A TFIIS AGREEMENT is between the Town of Los Gatos (hereinaii:er referred to as "Owner") and Joseph J. Albanese, Inc. (hereinafter referred to as "Contractor"). Owner and Contractor, far the consideration hereinafter named, agree as follows: A. SCOPE Or WORK Contractor shall furnish all materials and perform all of the work for the construction of PPW Job No. ZO-OG Park Tennis and Basketball Court Resurfacing Project in accordance with the Contract Documents. B. CONTRACT PRICE As full compensation .for furnishing all materials and for doing all the work eonteraplated and embraced in this Contract, also for all .loss or damage arising out of flee nature of the work aforesaid, or 1i•om tihe 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 cotu~ected with the Worlc, also for all expenses incurred. by or in consequence of the suspension or discontinuance of work, and far well and faithfully completing the Work, and tl~e whole thereof, in the manner and according to the Contract Documents, Owner shall pay (sixty one thousand two hundred fifty dollars) ($61.250 ,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 fortll 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 n~cntioned in all said documents. The Contract Documents era 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 fixll. D. BEGINNING OF 'VVORIC 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 Worlc by Contractor before receipt of the Notice to P~^oceed is at the sole. risk and expense of Contractor and the Contractor shall be hilly liable for tiny damage or injury sustained by Owner or third persons resulting there 1i•om. E. TIME OF COMPLETION The Worlc called for heroin shall be filly completed in forty (4U) working days of Contractor's receipt of the Notice to Proceed. I~'. CORRECTION OT WORK AFTER ACCEPTANCE AND rINAL PAYMENT I3Y TOWN Contractor shall remedy .any defects due to faulty rilaterials and7or workmanship and pay f'or 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 T11e undersigned-has reviewed and is thoroughly familiar with the appropriate .sections of the Contract and Part II, Section 81.03, of these Specifications .pertaining to liquidated damages. IN WITNESS WI3EREOF, the parties hereto have executed this Agreen~cnt as of the day of , 2010. TOWN Or Los GATOS, uy: Greg Larson, Town Manager RECOMMENDED BY: Todd Capurso Director of Parks and Public Woilcs .Ioseph J. Albanese, Iyie. by; (Signature) (Print Name) (Address) APPROVED AS "1'O FORM: Michael Martello, Interim Town Attorney (City, State, lip) ATTEST; Jackie Rose, Clerlc Administrator (Contractor's License Number