2009-013-Authorizing The Award And Execution To Contract With Pacific Water Art Inc. For PPW Job No. 08-14RESOLUTION 2009 -013
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE AWARD AND EXECUTION OF CONTRACT
WITH PACIFIC WATER ART INC. FOR
PPW JOB NO. 08 -14 — TOWN PLAZA FOUNTAIN FILTRATION SYSTEM PROJECT
WHEREAS, bids were sought in conformance with State and Town law for PPW
Job No. 08 -14 — Town Plaza Fountain Filtration System Project; and
WHEREAS, Pacific Water Art Inc. submitted the lowest bid which the Town
Council deems to be responsive to the Town's solicitation dated December 15, 2008.
NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Los Gatos that Pacific Water Art Inc. declared to be the lowest responsible bidder for PPW Job
No. 08 -14 and that the Town Manager is authorized to execute a. contract (attached as Exhibit A)
for said project on behalf of the Town in the amount of $300,000.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change
orders, as necessary, up to an amount of $4,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 17th day of February, 2009 by the following vote.
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike
Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED;
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
ice..
ICE _. OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Exhibit A
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to
as "Owner ") and Pacific Water Art Inc. (hereinafter referred to as "Contractor "). Owner and
Contractor, for the consideration hereinafter named, agree as follows:
A. SCOPE OF WORD
Contractor shall furnish all materials and perform all of the work for the construction of
PPW Job No. 08 -14 — Town Plaza fountain Filtration System Project in accordance with the
Contract Documents.
B. CONTRACT PRICE
As full compensation for far fishing 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 work, and the whole thereof, in the manner and according to the Contract
Documents, Owner shall pay (three hundred thousand dollars), $300,000, which shall supersede
any other amount specified in the Contract Docuuments.
C. 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' 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 mentioned in all said documents.
D. BEGINNING OF WORK
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 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.
E. TIME OF COMPLETION
The Work called for herein shall be fully completed within forty (40) working days of
Contractor's receipt of the Notice to Proceed.
F. 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 2 years from the date of recording of the Notice of Completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day .
of , 2009.
TOWN OF LOS GATOS, by:
Greg Larson, Town Manager
by: Pacific Water Art Inc.
(Signature)
RECOMMENDED BY:
Todd Capurso, Director
Parks and Public Works
(Print Name)
APPROVED AS TO FORM:
Orry P, Korb, Town Attorney
(Address)
(City, State, Zip)
ATTEST:
Jackie Rose, Clerk Administrator
(Contractor's License Number)