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1996-141-Authorizing The Town Manager To Execute Agreement On Behalf Of The Town With Tim Lantz For Project 9503RESOLUTION 1996 -141 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT ON BEHALF OF THE TOWN WITH TIM LANTZ FOR PROJECT 9503 J. W. LYNDON CARRIAGE HOUSE CUPOLA RESTORATION WHEREAS, the Town Council determined that the Town could save a significant amount of money through a negotiated bid process, and WHEREAS, on September 16, 1996, the Town Council adopted Resolution No. 1996- 116 finding that because of the uniqueness and special characteristics of the services, it is more advantageous to the Town to proceed by negotiated bid pursuant to Los Gatos Town Code § 2.50.130(3), and WHEREAS, an agreement has been reached with Tim Lantz, General Contractor through a negotiated bid, THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos to authorize the Town Manager to execute an agreement with Tim Lantz, General Contractor, as described in Exhibit A, for Project 9503 J. W. Lyndon Carriage House Cupola Restoration. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of, November 1996 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor Joanne Benjamin NAYS: None ABSENT: None ABSTAIN: None SIGNED: AYOR OF THE TO OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF L S GATO LOS GATOS, CALIFORNIA TOWN Ct W AGREEMENT THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as " caner Tim Lantz (hereinafter referred to as "Contractor "). 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 9475CUPOK - J.W. Lyndon Carriage House Cupola, Restoration & Placement, 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 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 the Contractor a total amount, not to exceed ($35,000) thirty -five thousand dollars. 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 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 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 years from the date of recording of the Notice of Completion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of 19 TOWN OF LOS GATOS By Town Manager CONTRACTOR By Tim Lantz, General Contractor APPROVED AS TO FORM: LARRY ANDERSON Town Attorney 14715 -G Uvas Road, Morgan Hill CA 95037 Business Address 449850 Contractor's License Number ATTEST: MARIAN COSGROVE Town Clerk, Town of Los Gatos