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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