2004-028- Awarding A Construction Contract With Rainbow Waterproofing For Project 04-09A Parking Garage No.4 Repair And Rehabilitation.RESOLUTION :2004 - 28
RESOLUTION OF THE TOWN COUNCIL
OF'THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT WITH
RAINBOW WATERPROOFING
FOR PROJECT 04-09A
PARKING GARAGE N0.4 REPAIR AND .REHABILITATION
WHEREAS,. bids were sought in conformance with State and Town law for Project No.
04-09A -Parking Garage No. 4 Repair and Rehabilitation; and
WHEREAS, Rainbow Waterproofing 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 Rainbow Waterproofing is declared to be
the lowest responsible bidder for Project No. 04-09A - Parking Garage No. 4 Repair and
Rehabilitation.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to .execute a construction oontract (Attached as Exhibit A) for said project on behalf of
the Town in the .amount of $120,727;65.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders,
as necessary, up to an amount of $20,000.
PASSED .AND .ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 15th day of March, 2004, by the following vote:
COUNCIL, MEMBERS:
AYES: Sandy Decker, Diane McNutt., Joe Przynski, Mike Wasserman,
Mayor Steve Glickman,
NAYS : None
ABSENT: None
ABSTAIN: None
-2~~
SIGNED: MAYOR OF THE TOWN OF LOS GATOS/
LOS GATOS, CALIFORNIA
ATTEST:
~A /~
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CLERK OF TH'E 'TOWN OF L S ATO
LOS GATOS~, CALIFORNIA
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CONTRACT
THIS .AGREEMENT is between the Town of Los Gatos (hereinafter referred. to as Owner")
and Rainbow Waterproofing (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 04-09A
-Parking Garage No. 4 Repair and Rehabilitation in accordance with the Contract Documents.
B. CONTRACT PRXCE
As full compensation farfurnishing 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 far .all expenses incuzred by or in consequence of the
suspension or discontinuance of work, and .for well and faithfully completing the Work, and the whole
thereof, in themanner and according to the Contract Documents, Owner shall pay (one hundred and
twenty thousand seven hundred. and twenty seven dollars and sixty-five cents) ($120,727,b~, which
shall supersede arty 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. A11 parts ofthe Contract Documents are intended to be correlated so that any work called
.far in one part and not mentioned in the other, or vice versa, is to be executed the same as if mentioned
in alI said documents. The Contract Documents are defined in part T, Section l-1.Q1(A) of these
Specifications and are incorporated herein by reference the same as though set out in full.
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 Froceed with the Work. Commencing work or the entrance of
equipment or materials on the site ofthe 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
mJ~'y seed by Owner or third persons resulting therefrom.
E. TIME OF COMPLETION
The Work called far herein shall be fully completed by Forty (4A} workiung days of Contractor's receipt
of the Notice to Proceed.
F. CORRECTXON 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 from the date of recording of the Natzce of Completion.
G. LIQUIDATED DAMAGES
The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Contract
acid Part I, Section 8-1.03 of these Specifications pertaiYaing to liquidated damages.
I1v WITNESS 'WFTEREOF, the parties hereto have executed this Agreement as of day of
2004,
TOWN OF LOS GATOS, by:
CONTRACTOR, by,
Rainbow Waterproofing
Debra J. Figone, Town Manager
RECOMMENDER BY:
John E. Curtis
Director ofParks and Public Works
(Signature)
(print Name)
(Address)
APPROVED AS TO FORM:
Drry P. Korb, Tawn .Attorney
(City, State, dip)
.ATTEST:
(Contractor's License Number)
Marian V. Cosgrove, Tawn Clerk