1998-031 - Authorizing the execution of an agreement with George Bianchi Construction, Inc. for the Construction of Project #9802 1998-1999 Sidewalk Reconstruction ProgramRESOLUTION 1998 -31
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
GEORGE BIANCHI CONSTRUCTION, INC.
FOR THE CONSTRUCTION OF PROJECT #9802
1998 -1999 SIDEWALK RECONSTRUCTION PROGRAM
WHEREAS, bids were sought in conformance with State and Town law, and George
Bianchi Construction, Inc. is the lowest bidder for Project 99802 - 1998 -1999 Sidewalk
Reconstruction Program.
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, Inc. for the construction of Project #9802 - 1998-
1999 Sidewalk Reconstruction Program, (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 6th 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:
CLERK OF THE TOWN O OS GATOS
LOS GATOS, CALIFORNIA
OrrxCE��F,,��F T(DWN CLERT<'
Section 7 ^20®
AGREEMENT
ORD
THIS IS AN AGREEMENT between the Town of Los Gatos (her REC er re erre o as caner ") and
George Bianchi Construction, Inc. (hereinafter referred to as " Contrac or T ®
Owner and Contractor, for the consideration hereinafter named, agree askfgllows )� 1
1 - SCOPE OF WORK �/ P"
Contractor shall furnish all materials and perform all of the work for the construction of PROJECT
#9802- 1998/1999 SIDEWALK RECONSTRUCTION PROGRAM 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.
Revised: June 23, 1997 (ATY) 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 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
of 19
TOWN OF LOS GATOS
Town Manager
CONTRACTOR
E
Title
George Bianchi Construction, Inc.
775 -A Mabury Road
San Jose, CA 95133
168950
Contractors License Number
APPROVED AS TO FORM:
ORRY P. KORB
Town Attorney
ATTEST:
MARIAN V. COSGROVE
Town Clerk
Revised: June 23, 1997 (ATY)