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1996-146-Accepting Work Of Diablo Landscaping On Project 473CHI85 Lark Avenue And Winchester Boulevard LandscapingRESOLUTION 1996 -146 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DIABLO LANDSCAPING ON PROJECT 473CHI85 LARK AVENUE AND WINCHESTER BOULEVARD LANDSCAPING - PHASE 1 AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK WHEREAS, on February 5, 1996, the Town Council awarded the contract for the proposed work to Diablo Landscaping, and WHEREAS, Diablo Landscaping has substantially completed the project in conformance with the plans and specifications pursuant to Council approval, and WHEREAS, ten percent of the performance bond provided by Diablo Landscaping shall remain in place for one year until October 15, 1997, to guarantee the work. THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos: A. The work on Project 473CHI85 Lark Avenue and Winchester Boulevard Landscaping - Phase 1, by Diablo Landscaping is hereby accepted as complete pursuant to the plans and specifications for the project. B. The Town Manager is authorized and directed to execute the Certificate of Acceptance and Notice of Completion attached as Exhibit A hereto. C. The Town Clerk is directed to transmit this Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for recording. PPM849A: \CNCLPTS \4]385N0T.00M C. County and non - profit shall be named as additional insured as its interests may appear at the time of loss. d. Coverage shall be in an amount no less than the full replacement value of the property at the time of loss. e. The deductible shall not exceed S1,000 per occurrence unless otherwise approved by the County and shall be borne by the Contractor. f. If the construction contractor fails to maintain such insurance as is called for herein, the County shall have cause to terminate this Contract in accordance with Section V, paragraph B. 8. Bond Requirements The following bond requirements apply: a. Contract Bonds - Prior to execution of the Contract, Contractor shall file with the County on the approved forms, the two surety bonds in the amounts and for the purposes noted below, duly executed by a reputable surety company satisfactory to County, and Contractor shall pay all premiums and costs thereof and incidental thereto. Each bond shall be signed by both Contractor and the sureties. b. The "payment bond for public works' shall be in an amount of one hundred percent (100 %) of the Contract price, as determined from the prices in the bid form, and shall insure to the benefit of persons performing labor or furnishing materials in connection with the work of the proposed Contract. This bond shall be maintained in full force and effect until all work under the Contract is completed and accepted by the County, and until all claims for materials and labor have been paid. EXHIBIT G - CITIES 1 5 REVISED 618195 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 GATOS LOS GATOS, CALIFORNIA PLEASE RECORD AND RETURN TO: Town Clerk P.O. Box 949 Los Gatos, CA 95031 RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTION 6103 CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION PROJECT 473CHI85 - Lark Ave. and Winchester Bvld. Landscaping - Phase 1 TO WHOM IT MAY CONCERN: We do hereby certify that Diablo Landscaping, has substantially completed the work on October 15, 1996, called for in the agreement with the Town of Los Gatos dated January 6, 1996. The work is listed in the specifications prepared by the Town of Los Gatos and generally consisted of furnishing all labor, materials, tools, equipment, and services required for completion of Landscaping Lark Ave. and Winchester Blvd., located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted October 15, 1996. The Surety on the bond accompanying the contract is Star Insurance Company Bond Date: February 12, 1996 Bond Number: SA1236799 TOWN OF LOS GATOS Date: Director of Parks, Forestry and Maintenance Services Date: Town Manager I, DAVID W. KNAPP, the Manager of Town of Los Gatos, have read the foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know the contents thereof. The same is true of my own knowledge, except as to the matters which are therein alleged on information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on RECOMMENDED BY: 1996 at Los Gatos, California. DAVID W. KNAPP, Town Manager Town of Los Gatos Date: Director of Parks, Forestry, and Maintenance Services APPROVED AS TO FORM: Date: Town Attorney