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1996-129-Execute An Agreement With Superior Building Services For Contractual Custodial ServicesRESOLUTION 1996 - 129 RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH SUPERIOR BUILDING SERVICES FOR CONTRACTUAL CUSTODIAL SERVICES WHEREAS, the Town of Los Gatos advertised and received four competitive bids for contractual custodial services; and WHEREAS, low bidder Superior Building Services has maintained Town owned facilities in an acceptable manner since October 4, 1993. THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into a agreement for three (3) years from November 1, 1996 to October 31, 1996 with Superior Building Services for contractual custodial services, and that the Town Manager is authorized, and is hereby directed, to execute said agreement in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of October, 1996 by the following vote: COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Randy Attaway NAYES: None ABSENT: Patrick O'Laughlin ABSTAIN: None SIGNED: MAYOR THE TOW OF LOS GATOS LOS GATOS, CALIF NIA ATTEST: g CLERK OF THE TOWN OF GATOS LOS GATOS, CALIFORNIA Section 3 AGREEMENT .«v: M-: THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and Superior Building Services (hereinafter referred to as "Contractor "). Owner and Contractor, for the consideration hereinafter named, agree as follows: 3 -01. TERM OF AGREEMENT The term of this Agreement shall begin on November 1, 1996 and end on October 31, 1999. 3 -02. SCOPE OF WORK Contractor shall furnish all materials and equipment not supplied by Owner and perform all of the work for the Contractual Custodial Services in accordance with the Contract Documents. 3 -03. CONTRACT PRICE A. First Year As full compensation for furnishing all materials and equipment 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 amount specified by Contractor in Contractor's Bid Form. B. Successive Years One year from the date of this agreement and each anniversary thereafter, the monthly price paid for such services shall be adjusted upward or downward, increased or decreased, according to the percent change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consumers, San Francisco - Oakland -San Jose, 1982 -84 -100 Index. The index used shall be that issued for all items of each year. The beginning index (July, 1996 is 479.1). 3 -04. 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 Notice to Bidders, Information for Bidders, Bid Form, Agreement, General Conditions and Schedule of Work. ATTACHMENT �3 SECTION 4- GENERAL CONDIT . JS 3 -05. 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. 3 -06. TERMINATION OF AGREEMENT A. Failure to perform satisfactorily - All work shall be performed to the satisfaction of the Director of Parks, Forestry and Maintenance Services. If performance is not satisfactory, Owner shall give Contractor written notice including a reasonable time (15 days) for meeting the necessary standards. If Contractor fails to perform satisfactorily after written notice, Owner may terminate this agreement on five (15) days written notice. B. Failure to meet security clearance requirements - Failure to meet security clearance requirements shall be grounds for termination on Thirty (30) days written notice by Owner. C. Termination without cause - The Town may terminate this agreement without cause on thirty days written notice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of , 19 . APPROVED AS TO FORM: Larry Anderson, Town Attorney ATTEST: Marian V. Cosgrove, Town Clerk TOWN OF LOS GATOS David W. Knapp, Town Manager CONTRACT Bye D 130x- Business 903 O S/f�/sr. r'f1 vsi� Address �— Contractor's License Number