2005-054 - Awarding A Construction Contract To Therma Corporation For Project 04 -31 Neighborhood Center Fresh Air ExchangeRESOLUTION 2005 - 54
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTRACT TO
THERMA CORPORATION
FOR PROJECT 04 -31
NEIGHBORHOOD CENTER FRESH AIR EXCHANGE
WHEREAS, bids were sought in conformance with State and Town law for
Project 04 -31 - Neighborhood Center Fresh Air Exchange; 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 04-31 - Neighborhood Center Fresh Air
Exchange.
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 $ 51,460.00.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change
orders, as necessary, up to an amount of $3,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 6t'' day of June, 2005, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman
NAYS None
ABSENT: None
ABSTAIN: None G% 6o "Z"
SIGNED: MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: j
CL RK A.. STRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A R", 0 a, 0- fe,
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as
"Owner ") and Therma Corporation (hereinafter referred to as "Contractor "). Owner
and Contractor, for the consideration hereinafter named, agree as follows:
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of
PROJECT #04 -31 Neighborhood Center Fresh Air Exchange in accordance with the
Contract Documents.
B. CONTRACT PRICE
As full compensation for furnishing all materials and for doing all the work contemplated and
embraced in this Contract, also for all loss or damage arising out of the nature of the work
aforesaid, or from the actions of the elements, or from any unforeseen difficulties or
obstructions which may arise or be encountered in the prosecution of the work until its
acceptance by Owner, and for all risks of every description connected with the Work, also
for all expenses incurred by or in consequence of the suspension or discontinuance of work,
and for well and faithfully completing the Work, and the whole thereof, in the manner and
according to the Contract Documents, Owner shall pay fifty one thousand four hundred
sixty dollars ($ 51,460.00), 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. 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 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 TWENTY -FIVE (25) 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 from the date of recording of the Notice of Completion.
G. LIQUIDATED DAMAGES
The undersigned has reviewed and is thoroughly familiar with the appropriate sections of
the Contract and Part I, Section 8 -1.03 of these Specifications pertaining to liquidated
damages.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
day of , 20
TOWN OF LOS GATOS, by:
CONTRACTOR, by:
Debra J. Figone, Town Manager
RECOMMEND BY:
Director of Parks and Public Works (Contractor's License Number)
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
ATTEST:
Marlyn Rasmussen, Clerk Administrator