1998-176-Authorizing The Execution Of An Agreement With Brown And Fesler, Inc. For The Construction Of Project 9622RESOLUTION 1998 -176
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
BROWN AND FESLER, INC.
FOR THE CONSTRUCTION OF
PROJECT 9622 - BLOSSOM HILL SIGNAL IMPROVEMENTS,
PROJECT 9701 - TRAFFIC SIGNAL INSTALLATION - NINO AVENUE
AND LOS GATOS BOULEVARD, AND
PROJECT 9720 - UNION AT BLOSSOM HILL ROAD SIGNAL IMPROVEMENTS
WHEREAS, bids were sought in conformance with State and Town law, and Brown
and Fesler, Inc. as the lowest bidder for Project 9622 - Blossom Hill Signal Improvements,
Project 9701 - Traffic Signal Installation - Nino Avenue and Los Gatos Boulevard, Project 9720 -
Union at Blossom Hill Road Signal Improvements.
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 Brown and Fesler, Inc. for the construction of Project 9622 - Blossom Hill Signal
Improvements, Project 9701 - Traffic Signal Installation - Nino Avenue and Los Gatos
Boulevard, Project 9720 - Union at Blossom Hill Road Signal Improvements (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 2nd day of November, 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 /� V
SIGNED: MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS`
LOS GATOS, CALIFORNIA
Section 7
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and
Brown and Fesler, Inc. (hereinafter referred to as "Contractor ").
Owner and Contractor, for the consideration hereinafter named, agree as follows:
7 -01. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of Project 9622 -
Blossom Hill Signal Improvements, Project 9701 - Traffic Signal Installation - Nino Avenue and Los
Gatos Boulevard, Project 9720 - Union at Blossom Hill Road Signal Improvements , in accordance with
the Contract Documents.
7 -02. 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 two hundred fifty one thousand and eighty two dollars ($251,082), which shall supersede any
other amount specified in the contract documents.
7 -03. 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.
7 -04. 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.
7 -05. TIME OF COMPLETION
The work called for herein shall be fully completed within the time limit set forth in the Special
Conditions.
7 -06. 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 -07. 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
Z
APPROVED AS TO FORM:
ORRY P. KORB
Town Attorney
ATTEST:
MARIAN V. COSGROVE
Town Clerk
Title
Business Address
Contractor's License Number