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2005-018 - Awarding A Constructing Contract To Fahy Construction, Inc. For Project 04-70 Fuel System Upgrade At The Town Service CenterRESOLUTION 2005 -018 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO FAHY CONSTRUCTION, INC. FOR PROJECT 04 -70 FUEL SYSTEM UPGRADE AT THE TOWN SERVICE CENTER WHEREAS, bids were sought in conformance with State and Town law for Project 04 -70 - Fuel System Upgrade; and WHEREAS, Fahy Construction, Inc. 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 Fahy Construction, Inc. is declared to be the lowest responsible bidder for Project 04 -70 - Fuel System Upgrade. 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 $22,570.00. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as necessary, up to an amount of $5,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21 st day of March, 2005, by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Mike Wasserman NAYS None ABSENT: None ABSTAIN: None A" � SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: G .n CLE A. N�_ISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CONTRACT THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner ") and Fahy Construction, Inc. (hereinafter referred to as "Contractor "). Owner and Contractor, for the consideration hereinafter named, agree as follows: A. SCOPE OF WORK Contractor shall install new equipment furnished by the Town of Los Gatos and make all necessary upgrades the existing fuel island per Project 04 -70 - Fuel System Upgrade at the Town Service Center. 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 (twenty two thousand five hundred and seventy dollars), ( $22.570.00 ), 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 ninety (90) working days of Contractor's receipt of the Notice to Proceed. Exhibit q 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 from the date of recording of the Notice of Completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of , 20 TOWN OF LOS GATOS, by: Debra J. Figone Town Manager FAHY CONSTRUCTION, by: (Signature) RECOMMEND BY: John E. Curtis Director of Parks and Public Works APPROVED AS TO FORM: Orry R Korb Town Attorney ATTEST: (Contractor's License Number) Marlyn Rasmussen Clerk Administrator FROM :FAHY CONSTRUCTION FAX NO. :12098928005 Feb. 23 2005 09:29AM P2 Fahy C onstruction Qompany, Inc. GENE=RAL ENGINEERING •:' CONTRACTORS LIC, NO. 477315 MCA= B<3 ,x 1 655 Patt4er$4n,, CalifBrnia 95363 Tel: (209) 8926880 Fax: (209) 892 -8005 PIK O- POSAL / AGREZZENT Data February 23, 2005 TO, Town of Los Gatos P.O. Box 949 41 Males Avenue Los Gatos, CA 95031 Parks & public Works Department We' propose to furnish labor and materials. as follows: 1. Remove existing gasoline and diesel fuel pumps and dispose. install new'UDC's and new fuel pumps in same location, with removal of concrete, modification of plumbing and electrical, and hookup to existing fuel and vapor lines. ' S 2. Remove existing fuel control system and install new in same location,. Use existing conduits and conductors. 3. 5awci�t, Jackhammer, and excavate to fili and'vapor risers on gas tank. Install new BVR Phase one spill fill containment boxes. 4. install new Veeder 'toot monitor system and with new sensors and probes. 5'. Repair boxes as necessary (bolts & gaskets, per plans by'::FSC, This proposal is subject to conditions found on both Sides of this agreement. Our price Is: Twe nty t wo thousand five hundred seventy dollars 22,570.00 ? Payment to be made as follows: Progress payme based on the ,percentage complete, with the balance upon completion. ACCEPTED: The above p ric es, specifications and Respectfully Submitted, conditions are satisfactory and are hereby accepted. Fahy Co structaion Company Inc. You are authorized to do the work ao specified. Payment will be made as outlined above. $ Date of Acceptance B y Title 17 1 Note is proposal ay be withdrawn by us if not accepted within 4 5 days, Work wfll begin within 4 5 working days of acceptance subject to materials availability.