1993-010-Authorizing The Execution Of An Agreement With G.I. Hopkins For The Construction Of Project 9313-Downtown Reforestation Phase IIRESOLUTION 1993 -10
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
G.I. HOPKINS FOR THE CONSTRUCTION OF
PROJECT 9313 - DOWNTOWN REFORESTATION PHASE II
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Manager is authorized to enter into the agreement
with G.I. Hopkins, attached as Exhibit A for the construction of Project 9313 - Downtown
Reforestation Phase II.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 19th day of January, 1993, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
AYOR OF THE T0 7N OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OP-4)-OS GATOS
LOS GATOS, CALIFORNIA
L32\resos\refo rest. I I
Section 7
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and
G. I. HOPKINS (hereinafter referred to as "Contractor ").
Owner and Contractor, for the consideration hereinafter named, agree as follows:
1 - SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of PROJECT 9313
- DOWNTOWN REFORESTATION PHASE II, in accordance with the Contract Documents.
2 - CONTRACT PRICE
As full compensation for furnishing all materials and for doing all the work contemplated and embraced
in this agreement, also for all loss of 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 the amount specified
by Contractor in Contractor's Bid Form.
3 - 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 Document 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 section 8 -01(a) of these Specifications
and are incorporated herein by reference the same as though set out in full.
4 - BEGINNING OF WORK
Following the execution of this agreement 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.
5 - TIME OF COMPLETION
The work called for herein shall be fully completed within the time limit set forth in the Special
Conditions.
6 - CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY
TOWN
Contractor shall remedy any defects due to faulty materials and /or workmanship and pay for any
damages to other work and /or existing facilities resulting therefrom which shall appear within a period
of one year from the date of recording of the Notice of Completion.
Revised January 14, 1993 EXHIBIT A.
SECTION 7 - AGREEMENT
7 - LIQUIDATED DAMAGES
2
The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Contract
and Section 8 -06(c) of these Specifications pertaining to liquidated damages.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day of , 19—.
TOWN OF LOS GATOS
ayor
CONTRACTOR
APPROVED AS TO FORM:
Katherine Anderton
Town Attorney
ATTEST:
Marian Cosgrove
Town Clerk, Town of Los Gatos
Revised January 14, 1993
Business Address
Contractor's License Number