Loading...
2006- 005-Awarding Construction Contract To Therma Corp For Project 04-64RESOLUTION 2006 - 005 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO THERMA CORPORATION FOR PROJECT 04-64 INSTALLATION OF EQUIPMENT FOR THE CHILLER/COOLING TOWER REPLACEMENT WHEREAS, bids were sought in conformance with State and Town law for Project 04-64 -Installation of Equipment for the Chiller/Cooling Tower Replacement; and WHEREAS, Therma Corporation submitted the lowest bid which the Town Council deems to be responsive to the Town's solicitation. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that Therma Corporation is declared to be the lowest responsible bidder for Project 04-64 -Installation of Equipment for the Chiller/Cooling Tower Replacement. BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and directed to execute a construction contract (Attached as Exhibit A) for said project on behalf of the Town in the amount of $311.123. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as necessary, up to an amount of $30,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of January, 2006, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Milce Wasserman, Mayor Diane McNutt. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ~ 1 ~ Q/ {M (/'U MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ~~ CLERK AD S RATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ~:~ ~ '~ ~Oh1TRACT THlS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner") and Thermo Corporation (hereinafter referred to as `"Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows: A. SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the construction of PROJECT #Q4-64 -installation of Equipment for the Chiller/Cooling Tower Replacement in .accordance with the Contract Documents. B. CONTRACT PRICE As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, 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 ©wner, and for all risky of every description connected with the Work, also far all expenses incurred by or in consequence of the suspension or discontinuance of work, and forwell and faifihfully completing the Work, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay X311,123 (three hundred and eleven thousand one hundred and twenty three dof(ars}which shall supersede any other amount specified in the Contract Documents. C. 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 Part I, Section 1-1.01(A} of these Specifications and are incorporated herein by reference the same as though set out in full D. BEGINNING OP WORK Fallowing the execution of this Contract and the approval of bands and insurance policies and certificates, Owner shall issue a Notice fie Proceed with the Work. Commencing work or the entrance of equipri~ent or materials on the site of the Work by Contractor before receipt of the Nafice fio 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 E. TIME OF COMPLETION The Work called fo~° herein shat! be fuAy completed within THIRTY (30) working days of Contractor's receipt of the Notice to Proceed. F. CORRECTION OF WC)RKAFTERAGCEPTANCEAND FINAL PAYMENT BYTOWN Contractor shall remedy any defects due to faulty materials andlor workmanship and pay far any damages to other wank and/or existing facilities resulting therefrom which shall appear within a period of 2 years from the date of recording of the Notice of Gampletion. G. LIC~UIDATED DAMAGES The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Gontract and Part I, Section 8-x.03 of these Specifications pertaining to liquidated damages. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of ,~,. day of , ~Q TOWN OF LOS GATO, by: Debra J. Figane, Town Manager CONTRACTOR,by: Tlierma Corporation REGC~MMEND BY: John E. Gurus Director of Parks and Public Works (Contractor's license Number) APPROVED AS TO FORM: Orry P. Korb, Town Attorney ATTEST: Marlyn Rasmussen, Clerk Administrator