1998-103-Authorizing The Execution Of An Agreement With West Valley Construction, Inc. For Project #9818 Longmeadow Storm DrainRESOLUTION 1998 - 103
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
WEST VALLEY CONSTRUCTION COMPANY, INC.
FOR CONSTRUCTION OF PROJECT #9818
LONGMEADOW STORM DRAIN
WHEREAS, bids were sought in conformance with State and Town law, and West Valley
Construction Company, Inc. is the lowest bidder for Project #9818 - Longmeadow Storm Drain.
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 West Valley Construction Company, Inc. for the construction of Project 49818 -
Longmeadow Storm Drain (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 6th day of July, 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
sIGNED:� -�'�-
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
OFFICE Of THE TOWN CLERK
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AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner") and West Valley
Construction Company, 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 #9818 - LONG
MEADOW STORM DRAIN 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.
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.
Z-- LIQUIDATED DAMAGE
Exhibit A
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
M
Title
Business Address
Contractor's License Number
APPROVED AS TO FORM:
ORRY P. KORB
Town Attorney
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos