1998-163-Authorizing The Execution Of An Agreement For The Construction Of Project #9930RESOLUTION 1998 -163
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
FOR THE CONSTRUCTION OF PROJECT #9930
PLAZA PARK LIGHTING
WHEREAS, bids were sought in conformance with State and Town law, and
Giacalone Electrical Services, Inc. is the lowest bidder for Project #9930 - Plaza Park Lighting.
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 Giacalone Electrical Services, Inc. in the amount of $52,092.00
for the construction of Project #9930 - Plaza Park Lighting, (attached) as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of October, 1998, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None
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SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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1 01 Section 7
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RJrc AGREEMENT �/�V
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THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner") and
(hereinafter referred to as "Contractor").
Owner and Contractor, for the consideration hereinafter named, agree as follows:
Contractor shall furnish all materials and perform all of the work for the construction of PROJECT #9930 -
PLAZA PARK LIGHTING in accordance with the Contract Documents.
As full compensation for furnishing all materials and for doing all the work contemplated and embraced
in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the
actions of the elements, or from any unforeseen difficulties or obstructions which may arise or be
encountered in the prosecution of the work until its acceptance by Owner, and for all risks of every
description connected with the work, also for all expenses incurred by or in consequence of the
suspension or discontinuance of work, and for well and faithfully completing the work, and the whole
thereof, in the manner and according to the Contract Documents, Owner shall pay dollars
($ ` A,N,QW ),which shall supersede any other amount specified in the 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.
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: September 21, 1998 (ATY)
SECTION 7 - AGREEMENT
2
Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for any
t S o other work and/or existing facilities resulting therefrom which shall appear within a period of
from the date of recording of the Notice of Completion.
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
i ®, I vs
APPROVED AS TO F RM:
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ORR P.KORB
Town Attorney
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos
Revised: September 21, 1998 (ATY)
TOWN OF LOS GATOS
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Town Manager
CONTRACTOR
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Title
Business Address
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Contractor's License Number