1998-177-Execution Of An Agreement With George Bianchi Construction Company, Inc. In The Amount Of $74,796 For The Construction Of Project 9712RESOLUTION 1998 - 177
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
GEORGE BIANCHI CONSTRUCTION COMPANY, INC.
IN THE AMOUNT OF $74,796
FOR THE CONSTRUCTION OF
PROJECT 9712 - LOS GATOS CREEK TRAIL RETAINING WALL
WHEREAS, bids were sought in conformance with State and Town law, and George
Bianchi Construction Company, Inc. as the lowest bidder for PROJECT 9712 - LOS GATOS
CREEK TRAIL - RETAINING WALL.
THEREFORE, 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 an
agreement with George Bianchi Construction Company, Inc. in the amount of $74,796 for the
construction of PROJECT 9712 - LOS GATOS CREEK TRAIL - RETAINING WALL
(attached) as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2nd day of November, 1998, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A6P %,)i3
Section 7
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and
George Bianchi Construction Company, Inc. (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
#9712 - LOS GATOS CREEK TRAIL - RETAINING WALL 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 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 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 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. 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.
Exhibit A
Revised: June 23, 1997 (ATY)
SECTION 7 -AGREEMENT
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 two years from the date of recording of the Notice of Completion.
7 - LIQUIDATED DAMAGES
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.
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of
,19
TOWN OF LOS GATOS
By
Town Manager
CONTRACTOR
By
Title
Business Address
Contractor's License Number
APPROVED AS TO FORM:
ORRY P. KORB
Town Attorney
ATTEST:
MARIAN V. COSGROVE
Town Clerk
Revised: June 23, 1997 (ATY)