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CLERK DEPARTMENT <br />AGR 2 .151 <br />111H <br />ORD <br />CONSTRUCTION AGREEMENT REC <br />RESQ <br />This Agreement is dated for identification this 19th day of July, 2012, and is made by and <br />between the TOWN OF LOS GATOS, a California municipal corporation, whose address is <br />110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN "), and BEARDEN <br />CONSTRUCTION CO., INC. dba CB CONCRETE CONSTRUCTION, INC., whose <br />address is 641 University Avenue, Los Gatos, California 95032 (hereinafter "CONTRACTOR "). <br />NOW, THEREFORE, the parties agree: <br />ARTICE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT. <br />That for and in consideration of the payments and agreements hereinafter mentioned, to <br />be made and performed by the said TOWN, and under the conditions expressed in the two bonds <br />hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost <br />and expense, to do all the work and furnish all the materials and equipment necessary to <br />construct and complete, in accordance with the plans and specifications hereinafter mentioned, in <br />a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or <br />his, of the TOWN OF LOS GATOS, California, all the works and improvements described, <br />mentioned and set forth in the scope of work on file in the Office of the Parks and Public Works <br />of said TOWN, entitled: <br />"Pageant Grounds Phase 3 Improvements - Renovations" <br />which said plans and specifications and all the documents therein contained, including the <br />TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such <br />reference made part of this contract. <br />ARTICLE II: CONTRACTOR'S ACCEPTANCE <br />CONTRACTOR agrees to receive and accept the prices shown on Exhibit "A," which is <br />attached hereto and incorporated by reference herewith, as full compensation for furnishing all <br />materials and equipment and for doing all the work described in the contract documents; also for <br />all loss or damage as provided in the contract documents in the prosecution of the work until its <br />-acceptance by the Town Council of the-TOWN OF -LOS- GATOS, and for well and faithfully <br />completing the work, and the whole thereof, in the manner and according to the contract <br />documents, plans and specifications, and the requirements of the Town Engineer. The TOWN <br />shall pay the CONTRACTOR (Two Hundred Ninety Six Thousand Three Hundred Twenty <br />Five Dollars) $296,325, which shall supersede any other amount specified in the Contract <br />Documents. <br />NAPPIATACM12 -01 Pageant Grounds Phase 3 hnproveinents \Agreements \Construction Agreement- CBconcrete.docx <br />