1992-105-Authorizing The Execution Of An Agreement With George Bianchi Construction For The Construction Of Project 8606-Los Gatos Creek TrailRESOLUTION 1992 -105
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
GEORGE BIANCHI CONSTRUCTION FOR THE CONSTRUCTION OF
PROJECT 8606 - LOS GATOS CREEK TRAIL
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 George Bianchi Construction, attached as Exhibit A for the construction of
Project 8606 - Los Gatos Creek Trail.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 15th day of June, 1992, . by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
NAYS: None
ABSENT: Mayor Eric D. Carlson
ABSTAIN: None
SIGNED:
11 -MAYOR OF THE T N OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LCS GATOS
LOS GATOS, CALIFORNIA
C21 \RESOS \PRO8606
TOWR C__RK
Section 7
AGREEMENT Y
5lC:
THIS IS AN AGREEMENT between the Town of Los Gatos (h einafter referred to as
"Owner ") and George Bianchi 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 8606 - LOS GATOS CREEK TRAIL, 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 of 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
Ali rights and obligations of Owner and Contractor are fully set forth and described in
the Contract Documents. All parts of the Contract Document 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 commenced within ten (10) working days of the Notice
to Proceed issued by Owner, and shall be fully completed within the time limit set forth in
the Special Conditions.
(Revised June 15, 1992)
SECTION 7 - AGREEMENT 2
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.
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 , 1 g .
TOWN OF LOS GATOS
M
CONTRACTOR:
By Q n I2319L
, %:,r. -
Business Address: 775 -A Mabury Road San Jose CA 95133
Contractor's License Number: 168950 (Expiration: 2/28/93)
Approved as to
(Revised June 15, 1992)