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2009-024-Execute A Construction Contract With Therma Corporation For PPW Job No 09-01RESOLUTION 2009 -024 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH THERMA CORPORATION FOR PPW JOB NO. 09 -01 CIVIC CENTER HVAC UPGRADES PROJECT WHEREAS, the Facilities Maintenance Fund includes funding for PPW Job No. 09- 01 -Civic Center IIVAC Upgrades Project; and WHEREAS, proposals were sought in conformance with State and Town Law for the Civic Center HVAC Upgrades Project; and WHEREAS, it is necessary for the Town Council to secure a construction contract for the Civic Center HVAC Upgrades Project; and WHEREAS, the Town Council has selected the firm of Therma Corporation to provide the necessary construction services for the Civic Center HVAC Upgrades Project; and NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of Los Gatos hereby approves the attached Contract (Exhibit A) with Therma Corporation to provide construction services in connection with the Civic Center HVAC Upgrades Project at a cost not to exceed $358,029. BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and directed to execute said agreement on behalf of the Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6 day of April, 2009 by the following vote: AFIBI ROM AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED: AT ' ST: CL� { O THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A. CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner ") and Therma 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 PPW Job'No. 09 -01 Civic Center HVAC Upgrades Project 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 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 (three hundred fifty eight thousand twenty nine dollars), $358,029, 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. D. BEG]NNING OF WORD Following the execution of this Contract 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. E. TIME OF'COMPLETION The Work called for herein shall be fully completed within forty 0 working days of Contractor's receipt of the Notice to Proceed. F, CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN Contractor shalt 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 2 years fiom the date of recording of the Notice of Comjaletion, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of .2009. TOWN OF LOS GATOS, b by: Therma Corporation, Greg Larson, Town Manager (Signature) RECOMMENDED BY: Todd Capurso, Director (Print Name) Parks and Public Works (Address) APPROVED AS TO FORM: Offy P. Korb, Town Attorney (City, State, zip) ATTEST: Jackie Rose, Clerk Administrator (Contractor's License Number) Exhibit A CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner ") and Therma 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 PPW Job No. 09 -03 Civic Center HVAC Upgrades Project in accordance with the Contract Documents, B. CONTRACT PRICE As full compensation for furnishing all materials and for doing all the work contemplated acid 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 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 thr; whole thereof, in the manner and according to the Contract Documents, Owner shall pay (three hundred fifty eight. thousand twenty nine dollars), $358,029, 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. D. BEGINNING OF WORK Following the execution of this Contract 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. E. TIME OF COMPLETION The Work called for herein shall be fully completed within forty () working days of Contractor's receipt of the Notice to Proceed. F. 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 2 years fiom the date of recording of the Notice of Completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of , 2009, TOWN OF LOS GATOS, by: by: Therma Corporation. Greg Larson, Town Manager (Signature) RECOMMENDED BY: Todd Capurso, Director (Print Name) Parks and Public Works (Address) APPROVED AS TO FORM: Orry P. Korb, Town Attorney (City, State, Zip) ATTEST: Jackie Rose, Clerk Administrator (Contractor's License Number)