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1997-075-Execution Of An Agreement With Pacific Westhershield, Inc.RESOLUTION 1997 - 75 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PACIFIC WEATHERSHIELD, INC. FOR THE CONSTRUCTION OF PROJECT 9705 CIVIC CENTER PLAZA DECK ROOF REPLACEMENT WHEREAS, bids were sought in conformance with State and Town law, and Pacific Weathershield, Inc. is the lowest bidder for Project 9705 - Civic Center Plaza Deck Roof Replacement. 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 Pacific Weathershield, Inc. for the construction of Project 9705 - Civic Center Plaza Deck Roof Replacement, (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 7th day of July, 1997, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin. NAYS: None ABSENT: None ABSTAIN: None SIGNED MAYOR OF THE TOF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: I iL 1--Cn CLERK OF THE TOWN OF LO GATOS LOS GATOS, CALIFORNIA Section 7 AGREEMENT Town CLERK AGR:. q�Z RE }00: —. THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and Pacific Wesathershield, 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 #9705 - CIVIC CENTER PLAZA DECK ROOF REPLACEMENT in accordance with the Contract Documents. 2 - CONTRACT PRICE As full compensation for fiunishing 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 JANUARY 17, 1995 (ATY) SECTION 7 - AGREENfENT 6 - CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN 0 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 im Town Manager CONTRACTOR M President 616452 Contractor's License Number Pacific Weathershield, Inc. 2305 Paragon San Francisco CA 94124 Business Address APPROVED AS TO FORM: ORRY P. KORB Town Attorney ATTEST: MARIAN COSGROVE Town Clerk Revised JANUARY 17, 1995 (ATY)