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)