1994-113-Agreement With B&B Concrete For Project 9328 Los Gatos Creek TrailRESOLUTION 1994 - 113
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
B &B CONCRETE
FOR PROJECT 9328 LOS GATOS CREEK TRAIL
WHEREAS, bids were sought in conformance with State and Town law, and
Council rejected all bids on July 18, 1994 and;
WHEREAS, the Town Council directed the Town Manager to seek an agreement
more favorable to the Town and;
WHEREAS, B &B Concrete is a qualified contractor 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 decision to reject all bids and direct the Town
Manager to negotiate with B &B Concrete is affirmed and that the Town Manager is
authorized to enter into the agreement with B &B Concrete attached as Exhibit A for the
construction of Project 9328 - 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 1st day of August, 1994, by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYO THE TOWN O LOS GATOS
LOS GATOS, CALIFORNI
ATTEST:
CLERK OF THE TOWN OF kTOS
LOS GATOS, CALIFORNIA
TOWN CLERK
,%GR: /
Section 7
LID:
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as
"Owner ") and B &B Concrete (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 #9328 - 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 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 (2) years 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 , 19_
TOWN OF LOS GATOS
Mayor
CONTRACTOR
APPROVED AS TO FORM:
_.• • •
Town Attorney
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos
Title
Business Address
Contractor's License Number