1994-025-Authorizing The Execution Of An Agreement With Cimarron Construction For Project 9326RESOLUTION 1994 - 25
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
CIMARRON CONSTRUCTION
FOR PROJECT 9326 - BLOSSOM HILL STORM DRAIN
WHEREAS, bids were sought in conformance with State and Town law, and
Cimarron Construction is the lowest responsible bidder.
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 the agreement
with Cimarron Construction, (attached) as Exhibit A for the construction of Project 9326 -
Blossom Hill Storm Drain.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 7th day of February, 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:
4A& LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN CLERK
AG R:
IHH: n
Section 7 REED
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ")
and CIMARRON CONSTRUCTION (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 9326 - BLOSSOM HILL ROAD STORM DRAINAGE IMPROVEMENTS, 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 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 fully
liable for any damage or injury sustained by Owner or third persons resulting therefrom.
EXHIBIT A
SECTION 7 - AGREEMENT
5 - TIME OF COMPLETION
E
The work called for herein shall be fully completed within the time limit set forth in the Special
Conditions.
5 - 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
By
Mayor
CONTRACTOR
'mil
Business Address
APPROVED AS TO FORM: Contractor's License Number
Interim Town Attorney
ATTEST:
Marian Cosgrove
Town Clerk, Town of Los Gatos
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