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2004-130-Awarding A Construction Contract To Cb Construction Company For Project 0417 2004-05 Curb Gutter And Sidewalk Repair And Replacement.RESOLUTION 2004 -130 .RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AWARDING A 'CONSTRUCTION CONTRACT TO CB CONSTRUCTION COMPANY FOR PROJECT 0417 2004-05 -CURB, GUTTER, AND.SIDEWALK REPAIR AND REPLACEMENT WHEREAS., bids were sought in conformance with State and Town law for Project 04-17 - 2004-05 Curb, Gutter, and Sidewalk Repair and Replacement; and WHEREAS, CB Construction Company 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 Construction Company is .declared to be the lowest responsible bidder for Project 04-17. - 2004-OS Curb, Gutter, and Sidewalk Repair and Replacement. 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 $46.,875:00. 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 1't day of November, .2004, by the following vote: COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, Joe Pirzynsk, Mike Wasserman, Mayor .Steve Glickman. NAYS: None ABSENT: None ABS'I"AIN: None l~~'.~",~"~ ~ SIGNED: '` .MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST;. ~ , -TOWN CLERK OF THE TOWY~OF~OS GATOS LOS GATOS, CALIFORNIA COIV~TR.,P~CT THIS AGREI/MENT is between the Todvn of Los Gatos (hereinafter referred to as "owner") and CB Constreactio~a Company (hereinafter refezxed to as "Contractor"). Owner and Contractor, for the consideration hereinafter named, agree as follows: A. SCOPE OF "CORK Contractor shall furnish all materials and perform all of the work for the construction of Project 04-17 - 200405 Curb, Gutter, and Sidewalk Repair and Replacement in accordance with the Contract Documents. B. CONTR.~CT PRICE As full compensation for .furnishing all materials and far doing all the work contemplated and embraced in this Contract, :also for a111oss 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 tho prosecution of the worlc until its acceptance; by Owner, and for all risks of every description connected with the Work, also fox 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 (forty six thousand eight hundred seventy five dollars), ($46,8'75.UQ), which shall supersede .any other amount specified in the Contract Documents. C. COI~tTYtACT DOCUMENTS All rights and obligations of Owner and Contractor are fully sot forth and described in the Contract Documonts. All parts of the Contract Documents are intended to be correlated so that any work called .for in one part asid not .mentioned in the other, or vice versa, is to be executed the same as if mentioned in .all said documents. II. BEGIl®TNING OI+" WOR:K 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. Cormnencing 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. TIMI+a OF COMPLETION The W ork called for herein shall be fully completed within Forty (40) working days of Contractor's receipt of the Native to Proceed. Exhibit A F. CORRECTIOl®T 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 andlor existing facilities resulting therefrom which shall appear within a period of 2 years from the date of recording ofthe Notice of C`om~letion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of , 20___a_ T('?WN OF LOS GATOS, iay: Debra ~. Figone Town Manager by. C. B. Construction Company (Signature) RECOIYII~'IEND BYe .Iah~x E. Curtis Director cif Parks and Public Works CB Construction Company 17484 Shelbunie Way Los Gatos, CA 95p30 APPRO`V'ED AS TO FORMe Orry P. Korb Town Attorney (Contractor's License Number) ATTEST: Marian V. Cosgrove Town Clerk U W .O ~+i ~+~ ~ 6t 01 ~ n.. O N n~~ ~v Ki ~ ~ ~ '~ N N d }D ,o ~ 'C ~~ ~ ~ ''b0 a~•: `o~ ~ ~ ~, ~, ~ a H 0 °o cU p p0 a O N ~ ~. G ~ U ' L d p ~ apU ~ ~ ~ p ~ O ~ ~ 6~ ,F ;~ d . 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