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HomeMy WebLinkAbout74-08 • RESOLUTION NO. 7 4—0 8. A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AWARDING A CONTRACT FOR THE CONSTRUCTION OF EL MONTE ROAD PATHWAY PROJECT (SEGMENT#3) WHEREAS, the City Engineer of the Town of Los Altos Hills did, in open session, duly examine and consider all bids submitted to it for the construction of El Monte Roads Pathway Project (Segment#3) WHEREAS, the City Engineer recommends that the contract for said project be awarded to the second low bidder, Joseph J. Albanese for the amount of$416,246.00; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the City Manager is hereby authorized and directed to execute the awarded contract to the above-named firm on behalf of the Town of LosJAltos Hills. 11/>// ) PASSED AND ADOPTED this 2347 day of 2008. Jti <,' U.1' By: Mayor ATTEST: r-gUP' City C • • TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA CONTRACT EL MONTE ROAD PATHWAY PROJECT THIS AGREEMENT, made, executed, and entered into this 30 day of October , 2008, by and between the Town of Los Altos Hills a General Law City, hereinafter referred to as the Town, and Joseph J. Albanese, Inc., hereinafter referred to as the Contractor. WITNESSETH ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the EL MONTE ROAD PATHWAY PROJECT. Said work shall be done in manner and according to the terms of the Contract as the same is defined in Article 4 herein. ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts 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 the Town 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 the work and for well and faithfully completing the work and the whole thereof, in the manner and according to the plans and specifications, to wit, according to Contractor's proposal to the City Council, entitled 'EXHIBIT "A," Proposal to the City Council' and attached hereto. ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto. ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within NINETY (90) working days from and after the commencement of said work. ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor. • • IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written. TOWN OF LOS ALTOS HILLS A General Law City •r . ATTE : City Manager City Clerk, T. n of Lo. Altos Hills CON OC SR Jose lbanese, Inc. B Yr President - John L. Albanese Title