1994-100-Execution Of An Agreement With Madonna Construction Company For Project 9307-Los Gatos Boulevard WideningRESOLUTION 1994 -100
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
MADONNA CONSTRUCTION COMPANY
FOR PROJECT 9307 - LOS GATOS BOULEVARD WIDENING
WHEREAS, bids were sought in conformance with State and Town law, and
Madonna Construction Company is the lowest responsible bidder.
NOW, THEREFORE, IT IS RESOLVED, that the Town Manager is authorized to
enter into agreement with Madonna Construction Company as attached as Exhibit A for the
construction of Project 9307 - Los Gatos Boulevard Widening.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
5th day of July, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton and Linda Lubeck
NAYS: None
ABSENT: Randy Attaway
ABSTAIN: None
SIGNED
VICE- AYOR !T0F1JAO N LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
k
CLERK OF THE TOWN O LOS GATOS
LOS GATOS, CALIFORNIA
D R R3\ RFS OS\ LG BL V D. BI D
AGR: ,4
RE
air):
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafler referred to as "Owner ")
and Madonna Construction Company (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
9307 - LOS GATOS BOULEVARD WIDENING, 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
All 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 hilly 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 detects due to faulty materials and /or workmanship and pay for any
damages to other work and /or existing facilities resulting therefrom Miich 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
ffr_
day of /i; ,�., 1994_
r
7'oiv OF LQSIGATOS`
APPROVED AS TO FORM:
-LARleY ANDERSON
Town Attorney
DRR4\MISC \CN'IRACI AOR
By
Town Manager
CONTRACI'OIL
By
title
Owner
Business Address
San Luis Obispo, "
93403
65547
Contractor's License Number
ATTEST:
NIARIAN�C;OS(,MOVE
Town Clerk, Town of Los Gatos
Bond No. B257 81 24
Pre m:. 51199.00
SECTION 5
FAITHFUL EEBEQRM661 E BOND
WHEREAS, the Town Council of the Town of Los Gatos, State of California, and
MADONNA CONSTRUCTION CO. (herein designated as "Principal ") have entered into an
agreement whereby Principal agrees to install and complete certain designated public
Improvements, which said agreement, dated , 19 , and identified as
PROJECT #9307- LOS GATOS BOULEVARD WIDENING is hereby referred to and made
a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish
a bond of the faithful performance of said agreement. .
NOW, THEREFORE, we, the Principal and Reliance Insurance Company
' as Surety, are held and firmly
bound unto the Town of Los Gatos (hereinafter called "Town "), In the penal sum of four
hundred eighty -one thousand three hundred elghty -eight dollars ($481,388.00) lawful
money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, successors, executors and administrators, jointly and severally,
formally by these presents.
The condition of this obligation is such that if the above bounded Principal, his /her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions in
the said agreement and any alteration thereof made as therein provided, on his or their part,
to be kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless Town,
its officers, agents and employees, as therein stipulated, and this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
Principal and Surety further agree that upon Town's final acceptance of the work, ten
percent (10% of this bond shall-remain in effect to guarantee the repair and /or replacement
of defective materials and /or workmanship, IMCM years after Town's final acceptance of
the work. one (1)
Qw
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by Town in successfully enforcing such
obligation, all to be taxed as costs and included in any judgement rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the Principal and
Surety above named, on July 18 , ,994,
PRINCIPAL
MADONNA CONSTRUCTION COMPANY
NOTE:
SURETY
RELIANCE INSURANCE COMPANY
K. R. Viodes, Attorney -in -Fact
2505 South 320th St., C -3000
Federal Way, WA 98003
ADDRESS
Attach notary acknowledgement for signature of those executing for
principal and Surety.
Bond B257 81 24
Premi included in performance
SECTION 6
WHEREAS, the Town Council of the Town of Los Gatos, State of Calffornia, and
Contractor MADONNA CONSTRUCTION COMPANY (hereinafter designated as
"Principal ") have entered into an agreement whereby Principal agrees to install and complete
certain designated public improvements, which said agreement, dated
19 , and identified as PROJECT #9307 - LOS GATOS BOULEVARD WIDENING, is
hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond with
the Town of Los Gatos to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California.
NOW, THEREFORE, said Principal and the undersigned as Corporate Surety,
are held firmly bound unto the Town of Los Gatos and all Contractors, subcontractors,
laborers, materialpersons and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of four
hundred eighty -one thousand three hundred eighty -eight dollars ($481,388.00), for
materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay
the same in an amount not exceeding the amount hereinabove set forth, and also in case
suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by the Town
In successfully enforcing such obligation, to be awarded and fixed by the court, and to be
taxed as costs and to be included in the judgment therein rendered.
It_isbereby. expresWstipulated and agreed that this bond shall Inure to the
benef of any and all persons, companies and corporations entitled to file claims under Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give
a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void, oth @rwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying the
same shall in any manner affect its obligations on this bond, and it does hereby waive notice
of any such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and
Surety above named, on July 18 , 1994,
PRINCIPAL
MADONNA CONSTRUCTION COMPANY
By:
SURETY
RELIANCE INSURANCE COMPANY
By:
K. R. Viodes, Attorney -in -Fact
2505 South 320th St., C -3000
Address
Federal Wav, WA 98003
NOTE. Attach notary acknowledgement for signatures of those executing for
Principal and Surety
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