1998-038 - Authorizing agreement with GAB Construction Project 9515 Federal Project CML-5067 (002) Traffic Signal Controller UpgradesRESOLUTION 1998 -38
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
GAB CONSTRUCTION
FOR THE CONSTRUCTION OF PROJECT 9515
FEDERAL PROJECT CML -5067 (002)
TRAFFIC SIGNAL CONTROLLER UPGRADES
WHEREAS, bids were sought in conformance with State and Town law, and Gab
Construction is the lowest bidder for Project 9515 - Federal Project CML- 5067(002) - Traffic
Signal Controller Upgrades.
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 Gab Construction for the construction of Project 9515 - Federal Project CML-
5067 (002) - Traffic Signal Controller Upgrades, (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 20th day of April, 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:
t Cep Q�ti 'J (SLR
CLERK OF THE TOWN F LOS GATOS
LOS GATOS, CALIFORNIA
&Z" �8.03-�
Section 7
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as
"Owner ") and Gab Construction (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 #9515 - FEDERAL PROJECT NO. CML -5067 (002) TRAFFIC SIGNAL
CONTROLLER UPGRADES 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 1 - Contract Documents 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
"Beginning of Work, Time of Completion, and Liquidated Damage" section.
Exhibit A
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.
The undersigned has reviewed and is thoroughly familiar with the appropriate sections of
the Contract and Section 4 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
2
Town Manager
CONTRACTOR
E
Title
GAB Construction
670 Coleman Avenue
San Jose, CA 95110 -2003
Contractors License Number
APPROVED AS TO FORM:
ORRY P. KORB
Town Attorney
ATTEST:
MARIAN V. COSGROVE
Town Clerk