1995-093-Authorizing The Execution Of An Agreement With Pacific Weathershield, Inc.RESOLUTION 1995 - 93
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 9511 - REROOFING CIVIC CENTER
LIBRARY, SERVICE CENTER, AND VEHICLE MAINTENANCE BUILDING
WHEREAS, bids were sought in conformance with State and Town law, and Pacific
Weathershield, Inc. is the lowest bidder for Project 9511 - Reroofing Civic Center Library, Service
Center, and Vehicle Maintenance Building.
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 9511 - Reroofing Civic
Center Library, Service Center, and Vehicle Maintenance Building (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 17th day of July, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED: v-
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L09 GATOS
LOS GATOS, CALIFORNIA
Section 7
AGREEMENT
TOWN CLERK
AGR:—I�i`
IMH:
BID:
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ")
and Pacific Weathershield, 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
# 9511 REROOFING CIVIC CENTER LIBRARY AND SERVICE CENTER VEHICLE
MAINTENANCE BUILDING 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.
Exhibit A
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.
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
By
Town Manager
CONTRACTOR
By
Title
Business Address
Contractor's License Number
APPROVED AS TO FORM:
LARRY ANDERSON
Town Attorney
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos