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2008-088-Awarding A Construction Contract To Joseph J. Albanese Inc For Ppw Job No 07-19 Shannon Road Culvert ImprovementsRESOLUTION 2008-088 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO JOSEPH J. ALBANESE, INC. FOR PPW JOB NO. 07-19 SHANNON ROAD CULVERT IMPROVEMENTS WHEREAS, bids were sought in conformance with State and Town law for PPW Job No.07-19 -Shannon Road Culvert Improvements; and WHEREAS, Joseph J. Albanese, Inc. 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 Joseph J. Albanese, Inc, is declared to be the lowest responsible bidder for PPW Job No. 07-19 -Shannon Road Culvert 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 $49,925.00. PASSEll AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4~' day of August, 2008, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynslci, Milce Wasserman, and Mayor Barbara Spector NAYS: ABSENT: ABSTAIN: NEST: __ \\~ ~ Vii, ~~ C RI~F THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NED: ~~ ~c~ ~ YOR OF THE T WN OF LOS GATOS ~ GATOS, CALIFORNIA CONTRACT T1=IIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as ("Owner") and JosepL J. Albanese, Inc. hereinafter referred to as ("Contractor").Owner and Contractor, for the consideration hereinafter named, agrees as follows: A. SCOPE OF WORD Contractor .shall furnish all materials .and perform all of the work for the construction of PPW Jol~ No. 07-~9 -Shannon Road Culvert Improvement Project; izz accordance with the Contract Documents. B. CONTRACT PRICE As iitll compensation for fiunishing 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 froth the actions of the elements, or i~om any unforeseen difficulties or obsttatctions which may arise or be encountered in the prosecution of the work until its acceptance by Owner, and .for all risks of every description cotlrzected with the Work, also for all expenses incurred Uy ortn consequence of the suspension or disootrtiliuance of worle, and for well and faithfully completitlg the Work, and tl~e whole thereof, in the manner and according to the Contract Documents, Owner .shall pay (forty nine thousand nine hundred .and twenty five dollars} X49,925.00, which shall supersede any otlrer amoiult specified in the Contract Documents. C. CONTRACT DOCIYMENTS All rights and obligations of Owner and Contractor are fully set forth and described. in the Contract Doctunezats, All parts o1'the Contract Documents are intended to be correlated so that any work called for in one part and hat .mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The Contract Docun1etits are defnied in Part I, Section 1-1,01(A) of these Specifications and are incorporated herein by reference the same as though set out in fit11, D. BEGINNING OF WORK Following the execution of this Contract and the approval of bonds. and insluance policies and certificates, Owner shall issue a Notice to Proceed with the Work. Commencing work or the entrance of equipment or materials an the site of the Work by Contractor before receipt of the Notice tv Proceed is at the sole risk and expense of Contractor atld the Contractor .shall be fully liable for any damage or injtrey sustained by Owner or third parsons resulting there from, EXHLBIT A E, TIME OF COMPLETION The Worlc called far herein shall be fit11y completed in (10) worluzzg days of Contractor's receipt of tlae Notice to Proceed. F. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN Contractor shall remedy arty defects due to faulty materials and/or workmanship and pay for any damages to other wont and/or existing facilities resulting there fiom which shall appear within a period of 2 years from the date of recording of the Notice of Completion. 1(N 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. Greg Larson, Town Manager RECOIVIMENDED BY: Todd Capurso Director of Parlcs and Public Worlcs (Signature) (Print Name) (Address) APPROVED AS TO FORM: Orry P. Korb, Town Attorney (City, State, Zip) ATTEST: Jackie Rase, Clerlc Administrator (Contractor's License Number)