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2004-071- Awarding A Construction Contract To Cb Concrete Construction Inc For Project 04-40 Loma Alta Curb Gutter And Sidewalk ConstructionRESOLUTION 2004-71 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT TO CB CONCRETE CONSTRUCTION, INC. FOR PROJECT 04-40 LOMA ALTA CURB, GUTTER,. AND SIDEWALK CONSTRUCTION WHEREAS, bids were .sought in conformance with State .and Town law for Project No. 04-40 -Loma Alta Curb, Gutter,. and Sidewalk Construction; and WHEREAS,. CB Concrete Construction Inc. 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 CB Concrete Construction Inc. is declared to be the lowest responsible bidder for Project No. 04-40 -Loma Alta Curb, Gutter, and Sidewalk Construction. 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 $29,450.00. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders, as necessary, up to an amount of $5,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6`" day of June, 2004, by the following vote: COUNCIL MEMBERS.: AYES: Sandy Decker, Diane McNutt, Joe Przynski, Mike Wasserman,, Mayor Steve Glickman. NAYS: None ABSENT: None ABSTAIN: None .SIGNED: :MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA , ATTEST.: 5'l.ca~ ~C.r.~»sz, CLERK OF THE T OV1WN OF LOS GATOS LOS GATOS, CALIFORNIA CONTRACT THIS AGREEMENT isbetween the Town of Los Gatos (hereinafter referred to as"Owner") and CB Concrete Construction, Inc. (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 No. 04-40 -Loma Alta Curb,. Gutter, and Sidewalk Construction 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 inths 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 descrptionconnectedtyith the Worlc, .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 (twenty nine thousand four hundred fifty dollars ( 29 450), 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 WORD Following the execution of this Contract and the approval of bonds and insurance policies and certificates, Owner shall issue aNotice to PNOCeed 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 PNOCeed 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 Worl~ called for herein shall be fully completed by (30) working days of Contractor's receipt of the Notice to Proceed. Exhibit A 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of , 20 TOWN OF LOS GATOS, by: Debra J. Figone, Town Manager CONTRACTOR, by: (Signature) RECOMMENDER BY: John E. Curtis Director of Parks and Public Works (Print Name) (Address) APPROVED AS TO FORM: Orry P. Korb., Town Attorney {City, .State, Zip) ATTEST: Marian V. Cosgrove, Town Clerlc (Contractor's License Number) Attachment