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2008-106-Awarding A Construction Contract To Joseph J Albanese Inc. For Ppw Job No 07-21RESOLUTION 2008-106 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO JOSEPH J. ALBANESE, INC. FOR PPW JOB N0.07-21 SURFACE AND BASE REPAIR, MANHOLE AND VALVE ADJUSTMENT TO GRADE PROJECT WHEREAS, bids were sought in conformance with State and Town law for PPW Job No.07-21 -Surface and Base Repair, Manhole and Valve Adjustment to Grade Project; 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. 07-21 -Surface and Base Repair, Manhole and Valve Adjustment to Grade 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 $204,045. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as necessary, up to an amount of $20,000.. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of September, 2008, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara Spector NAYS: ABSENT: ABSTAIN: SIGNED: ~, ~dl "~2~----. MAYOR OF E TOWN OF LOS GATOS L "OS, CALIFORNIA ATTEST: ~ ~ OF THE TOWN OF LOS GATOS LOS GATOS. CALIFORNIA CONTRACT THIS AGREEMENT is between the Town of L,os Gatos (hereinafter referred to as {"Owner") azid .Ioseph J, AlUnzaese, Inc, hereinafter referred to as ("Contractor").Owner and Contractor, for the consideration hereinafter named, agrees as follows: A. SCOPE Or WORK Contractor shall fiirnish all materials and perform all of the work far the construction of PPW dob No. 07-21 -Surface and Base Repafr, Manhole and 'Valve Adjustment to Gr<~de Prgject; in accordance with the Contract Documents. l3. CONTRACT PRICE As 11111 compensation for fizrnishing 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 Worlc, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay (two hundred four thousand and forty five dollars) $204,045, which shall supersede any other amount specified in the Contract Documents. C. CONTRACT DOCiJMENTS All rights and obligations of Owner and Cont~•actor 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 ii7 one part and not mentioned ii1 the other, or vice versa, is to be executed t17e 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. U. BEGINNING OIL' WOItI~ Following the execution of this Contract gild the approval of bonds and 'insurance policies and certificates, Owner shall issue a Notice to Proceed with the Worlc, Commencing work or the entraince 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 Work called for herein shall be fully completed in forty (40) worl~ng days of Contractor's receipt of the Notice to Proceed, F. CORRECTION OF WORK AFTER ACCEI'TA.NCIi; AND FINAL PAYMENT BY TOWN Contractor shall remedy any defects due to faulty materials and/or warlcmanship and pay for any damages to other work and/or exzsting facilities resulting there from which shall appear witllln a period of 2 years fiom the date of recording of the Notice of'Completion. G. LIQUIDATED DAMAGES The undersigned leas reviewed .and is thoroughly familiar with the appropriate sections of t11e Conhact 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 'T'OWN OF LOS GATOS, by: CONTRACTOR, by: Joseph J. Albanese, Inc. Greg Larson, Town Manager RECOMMENDED BY: Todd Capurso Director of Parlcs and Public Works (Signature) {Print Naznc) (Address) APPROVED AS TO FORM: Ony P, Korb, Town Attorney (City, State, dip) rS~.TTEST: Jackie Rose, Cleric Admizustrator (Contractor's License Number) .~ c~ tS' Q Ala Q ~ N Q. M ~ ~1 N ,~,, ~ 'b ~~ 4l Q ~ `ti" ~I by '~ ~~ ~ .~, ~ O ~~ ~ ~~ ~ ~ ~ .ao ~° A U 'N oo ~,° o o °o c d c~ o ~ V ~ N ~ O r a ~ om d' ui L N N ' i t , N ro > rn U ~ ~ ~ o ~ ~ o ~ ~ Q ~ ~ ep Q I~-~ ~ ' ~ c`~ ° o o °o , ucvi o U °o gy ~ ~ o `~ ci v n. g o ~ ~ ~ ~= Q~~ ~~ o o o aQ~ ~ o ~ g ~ ~ ~: a : a o Q o ~ :Q ~ O . ap .N N tD u7 M ~. ~ o ~ ~ O W ~ W 1 J ~ LL . 0 ~ ~ ~ r ~ ~ N ro ~ rI) C . G ~ ~+ O ~ L 7 a ~ ~ ~ ~ D Vim) ' N ' Q1 m A ~ o cu ~ c~ o= ~ rr ~ N m Cr ~~ ~~pp1 ~ ~~~~ ~' w ~ ~ ,.~ ~ ~ ~~~ ~ ~ ° 5~~~ a ~ ~ 0 .~ V ~~ ~~ 0 N d ~, R+ ~u °~ O ,~ ~ '~ p ,~ O T.1 ~ ~ ~ '~ w ~~ M 4 r~~ (d ~ '~ Exhib~ c A