1995-010-Authorizing The Execution OF An Agreement With P&F Construction, Inc., For Project 9308RESOLUTION 1995 - 10
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
FOR PROJECT 9308 - BIANNUAL O IDEWALK RECONSTRUCTION PROGRAM
WHEREAS, bids were sought and advertised in conformance with State and
Town law, and;
WHEREAS, the Town Council directed the Town Manager to seek an agreement
favorable to the Town and;
WHEREAS, P & F Construction, Inc., is a qualified contractor and has submitted
the lowest responsible bid for the work and;
WHEREAS, the attached agreement is in the best interests of the Town.
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 the
agreement with P & F Construction, Inc., attached as Exhibit A for the construction of
Project 9308- BiAnnual Sidewalk Reconstruction Program.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 17th day of January, 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
ST:
LOS GATOS, CALIFORNIA
A�TjT)En
CLERK OF THE TOWN O04
-OS GATOS
LOS GATOS, CALIFORNIA
rpvVN CLERK
AGR: S, OS
Section 7
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner") and P F
Construction. 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 # 9308 -
BIANNUAL 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 unit price, or if none, 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.
6 - CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL
PAYMENT BY CITY AND 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.
- 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
m
z/
Mayor
CONTRACTOR
Title
Business Address
Contractor's License Number
APPROVED AS TO FORM:
LARRY ANDERSON
Town Attorney
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos