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1993-029-Garden City Construction For The Construction Of Project 9317ARESOLUTION 1993 -129 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GARDEN CITY CONSTRUCTION, INC. FOR THE CONSTRUCTION OF PROJECT 9317A - NEIGHBORHOOD CENTER SEISMIC UPGRADE AND BRYANT ORGANIZATION, INC. FOR THE CONSTRUCTION OF PROJECT 9317B - NEIGHBORHOOD CENTER REROOF WHEREAS, bids were sought in conformance with State and Town law, and Garden City Construction, Inc. is the lowest responsible bidder for Project 9317A, and Bryant Organization, Inc. is the lowest responsible bidder for Project 9317B. BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized to enter into agreements with Garden City Construction, Inc, for the construction of Project 9317A - Neighborhood Center Seismic Upgrade and Bryant Organization, Inc. for the construction of Project 9317B - Neighborhood Center Reroof (attached) as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of September, 1993, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Linda Lubeck, Patrick O'Laughlin Mayor Joanne Benjamin NAYS: None ABSENT: Steven Blanton ABSTAIN: None SIGNED: CV.kL=-,a CLERK OF THE TOWN OF LOS GATOS, CALIFORNIA SRI Y012 OF THE TOWNF LOS GATOS GLOS GATOS, CALIFORN --7 S GATOS f Section 7 AGREEMENT A0, THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred-to as "OwneiaAo Garden City Construction, Inc. (hereinafter referred to as "Contractor "). Owner and Contractor, for the consideration hereinafter named, agree as follows: J..- SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the construction of PROJECT 9317A - NEIGHBORHOOD CENTER SEISMIC UPGRADE, in accordance with the Contract Documents. 2 - CONTRACT PRICE As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss of 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 the amount specified by Contractor in Contractor's Bid Form. 3 - 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 Document 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 section 8 -01(a) of these Specifications and are incorporated herein by reference the same as though set out in full. 4 - BEGINNING OF WORK Following the execution of this agreement 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. 5 -.TIME OF COMPLETION The work called for herein shall be fully completed within the time limit set forth in the Special Conditions. 6 - 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 one year from the date of recording of the Notice of Completion. Revised August 24, 1993 EXHIBIT A SECTION 7 - AGREEMENT 7 - LIQUIDATED DAMAGES 2 The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Contract and Section 8 -06(c) of these Specifications pertaining to liquidated damages. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of , 19—. TOWN OF LOS GATOS By Town Manager CONTRACTOR APPROVED AS TO FORM: LARRY ANDERSON Town Attorney ATTEST: MARIAN COSGROVE Town Clerk, Town of Los Gatos Revised August 24, 1993 Business Address Contractor's License Number TOWN OF LOS GATOS TABULATION OF BIDS PROJECT: PROJECT 9317A - NEIGHBORHOOD CENTER SEISMIC UPGRADE BIDS OPENED: DATE AUGUST 18, 1993 TIME 3:00 PM _ Bl��il�( c i� M. FURIA, DEPUTY CLERI BIDDER CONFIRMED BID NET BID GARDEN CITY CONSTRUCTION P.O.BOX 827 SAN JOSE, CA 95106 7$24,070.00 $24,070.00 HELEX CORPORATION 3182 CAMPUS DRIVE, #168 SAN MATEO, CA 94403 $41,612.00 $41,612.00 GEN -CON BUILDING CONTRACTORS 800 CAMDEN AVENUE CAMPBELL, CA 95008 $65,300.00 $65,300.00 olk:wP50:bid NOTE:Ust is in order of lowest to highest net bid. ATTACIAIENT 2 L SII Section 7 AGREEMENT -- THIS Organization, N between Los Gatos reBr y ant Inc (hereinafter referred toasContractor"). f 4 Owner and Contractor, for the consideration hereinafter named, agree as follows: 1 - SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the construction of PROJECT 9317B - NEIGHBORHOOD CENTER RE -ROOF, in accordance with the Contract Documents. 2 - CONTRACT PRICE As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss of 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 the amount specified by Contractor in Contractor's Bid Form. 3 - 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 Document 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 section 8 -01(a) of these Specifications and are incorporated herein by reference the same as though set out in full. 4.- BEGINNING OF WORK Following the execution of this agreement 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. 5 - TIME OF COMPLETION The work called for herein shall be fully completed within the time limit set forth in the Special Conditions. 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 one year from the date of recording of the Notice of Completion. Revised August 24, 1993 SECTION 7 - AGREEMENT 7 - LIQUIDATED DAMAGES The undersigned has reviewed and is thoroughly and Section nee h) of these Specifications ughlyappropriate 9 y familiar with the ro riate sections of the Contract pertaining to liquidated damages. IN WITNESS WHEREOF, the padres hereto have day of executed this agreement as of the APPROVED AS TO FORM: LARRY ANp ORE S Town Attorney ATTEST: MARIAN COSGROVE Town Clerk, Town of Los Gatos R"ised August 24, 1993 TOWN OF LOS GATOS By Town Manager CONTRACTOR By Title PROJECT: PROJECT TOWN OF T COC �iATOS TABULATION OF BIDS R RE -ROOF BIDS OPENED: DATE AUGUST 18, 1993 TIME 3:OOPM By IA, DEPUTY CLERK clk:wp5o:bid NOTEUst is in order of lowest to highest net bid. L 1IL 1L1G2C BRYANT ORGANIZATION, INC. 10940 BIGGE STREET SAN LEANDRO, CA 94577 LUNFIRMED BID $72,175.00 NET BID $72,175.00 CALIFORNIA ROOFING, INC. 1595 SOUTH TENTH STREET SAN JOSE, CA 95112 $81,346.00 $81,346.00 ALLIANCE ROOFING 1250 CAMPBELL AVENUE SAN JOSE, CA 95126 $82,404.00 $82,404.00 clk:wp5o:bid NOTEUst is in order of lowest to highest net bid.