4 - Proposition B Funded Curb, Gutter, and Sidewalk Replacement Project.~pW N OF
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DATE:
TO
FROM:
COUNCIL AGENDA REPORT
JUNE 17, 2010
MAYOR AND TOWN COUNCIL
MEETING DATE: 6/21/10
ITEM NO:
GREG CARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. 10-12 - PROPOSITION 1B FUNDED CURB GUTTER AND
SIDEWALK REPLACEMENT PROJECT 421-813-0209
A. AUTHORIZE THE TOWN MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH RP ENGINEERING
CONSTRUCTION COMPANY IN AN AMOUNT NOT TO EXCEED
$344,954.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSTRUCTION CONTRACT AS NECESSARY IN AN
AMOUNT UP TO $92,046. °
RECOMMENDATION:
1. Authorize the Town Manager to execute a construction contract in an amount not to
exceed $344,954.
2. Authorize staff to execute future change orders to the construction contract as necessary
in an amount up to $92,046.
.BACKGROUND:
The adopted Capital Improvement Program designates funding for curb, gutter, and sidewalk
replacement projects and is consistent with the Town's goals to improve public safety and to
improve the quality of Town streets.
Damage to curbs, gutters, and sidewalks is caused primarily by tree root growth. The Town has
many mature trees that were planted years ago, and despite their beauty, have outgrown the small
planter areas where they are located. Their roots have grown under sidewalks, and in some cases
under the roadway, which causes uplifts and extensive damage. .
~..~- ,~
PREPARED BY: TODD CAPURSO
Director of Parks and Public Worlcs
Reviewed by: ~_Assistant Town MaI
Cleric Administrator
Attorney
_Cominunity Development
N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2010 Reports\.iune 21\10 12 PROPI B curb gutter sidewalk award doc
PAGE 2
JUNE 17, 2010
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO 10-12 -PROPOSITION 1B FUNDED CURB GUTTER
SIDEWALK REPLACEMENT PROJECT
DISCUSSION:
At the April 19 and May 17, 2010 Town Council meetings, staff provided detailed information
regarding the Town's use of Proposition 1 B funding, as well as the application process and
eligibility of funding for municipalities. At the April 19 Town Council meeting, the Council
adopted a Resolution authorizing staff to complete tho application process for Proposition 1B
funds from the State Local Streets and Roads Program. At the May 17 Town Council meeting,
the Council approved plans and specifications for. this project and authorized staff to advertise
the project for bids.
This project will repair and replace damaged curbs, gutters, and sidewalks throughout the Town.
Locations for repair and replacement work were identified over the past year by Parlcs and Public
Works Department staff and were also determined by service calls the Town receives from its
residents. In conjunction with the replacement of hazardous and damaged concrete, tree roots
will be pruned and root barriers placed to minimize further damage to new curbs, gutters, and
sidewalks.
On June 16, 2010, six bids were received for this project (Attachment 2 Bid Summary). Staff
reviewed the six bids received and determined that RP Engineering Construction Company is the
most responsible entity and is most responsive to the Town's formal bid process.
Additionally, the Town has received Proposition 1B grant funding from the State of California in
the amount of $x}37,000. -The lowest, and most favorable; competitive bid is more than $90,000
under the grant funding amount. Staff would therefore recommend the Town Council approve. a
contingency amount of $92,046 for this contract, in order for the Town to fully utilize the
Proposition 1B funding.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a construction
contract (Attachment 1) in an amount not to exceed $344,954. Additionally, due to the variables
associated with this particular type of construction, unforeseen circumstances during the course
of construction, and in order to fully utilize Proposition 1B funding, it is further recommended
that the Town Council authorize staff to execute future change orders to the construction contract
as necessary in an amount up to $92,046 for additional quantities of work that may exceed those
included in the contract. .
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301c).
A Notice~of Exemption will not be filed.
PAGE 3
JUNE 17, 2010
MAYOR AND TOWN COUNCIL
SUBJECT.: PPW.JOB NO. 10-12 -PROPOSITION 1B FUNDED CURB GUTTER
SIDEWALK .REPLACEMENT PROJECT
FISCAL IMPACT:
The Town received the grant funding from the State in the amount of $437,175. There are
sufficient funds available for this project as demonstrated in the table below.
I'I:UI'Oti I I ION I B CURB, GUl'11 It .1ND SIDL+'WALKR} I'I;ACLlV11~11'
~i'ROJ~ECT421-813-9921 ~:
Available Expended/ Proposed
Budget Encumbered Contract ! Available `.
FY2009/10 Fiscal Lnpact Finding To Date Amomit Balance
Project 421-813-9921 $ 437,175 $ - $ 437,000 ~ 175
TOTALS $ 437,175 $ 437,000 ~ l75
TO, I ~, L l~ l' I'~\' I) IT,Uk I ;~ I3Y ( :1' I I GOIt~': ;
Construction $ 344,954
Contingency
.. .. 92,046
.TOTALS
__ $ 437,000
Attaclunents:
1. Construction Contract
2. Bid Summary
THIS PAGE
INTENTIONALLY
LEFT BLANK
CONTRACT
This Agreement is dated for identification this 21st day of June, 2010, and is made by and
between the TOWN OF LOS GATOS, a California municipal corporation, whose address is 110
East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and RP Engineering
Construction Company, whose address is 2 N. Santa Cruz Avenue, Ste. 209, Los Gatos, CA
(hereinafter "CONTRACTOR").
NOW, THEREFORE, the parties agree:
ARTICE I: WORK TO BE DONE AND DOCUMENTS FORMING'THE CONTRACT.
That for and in consideration of the paymerits and agreements hereinafter mentioned, to
be made and performed by the said TOWN, and under the conditions expressed in the two bonds
hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost
and expense, to do all the work and furnish all the materials and equipment necessary to
construct and complete, in accordance with the plans and specifications hereinafter mentioned; in
a good, workmanlike and substantial mamler, under the supervision of the Town Engineer, or his
representative, of the TOWN OF LOS GATOS, California, all the works and improvements
described, mentioned and set forth in those plans and specifications on file in the Office of the
Parks and Public Works Department of said TOWN, entitled: .
"Plans and Specifications for
Proposition 1B funded Curb, Gutter,. and Sidewalk Repair and Replacement Project
which said plans and specifications and all the documents therein contained, including the
TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to -and by suc11
reference made part of this contract.
ARTICLE II: CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exhibit "A," which is
attached hereto and incorporated by reference herewith, as full compensation for furnishing all
materials and equipment and for doing all the work described in the contract documents; also for
all loss or damage as provided in the contract documents in the prosecution of the work until its
acceptance by the Town Council of the TOWN OF LOS GATOS, and for well and faithfully
completing the work, and the whole thereof, in the mamler and according to the contract
documents, plans and specifications, and the requirements of the Town Engineer. The TOWN
shall pay the CONTRACTOR (Three Hundred Forty Four Thousand Nine Hundred Fifty
Four Dollars) $344,954, which shall supersede any other- amount specified in the Contract
Documents.
ARTICLE III: ACCEPTANCE BY TOWN
Thy said TOWN hereby promises .and agrees with the said CONTRACTOR to employ,
and does hereby employ the said CONTRACTOR to provide the materials and to do the work
according to the terms and conditions herein contained and referred to, for the prices aforesaid,
and hereby contracts to pay the same at the time, in the manner and upon the conditions above
set forth; and the said parties for themselves their heirs, executors, administrators, successors and
assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Section B.3 of the TOWN's Bid Form and which are hereby made a
part of this contract. Inasmuch as the work called for under this contract concerns a needed
public improvement, the time of performance and completion of this work is of the essence of
this contract. It is expressly understood and agreed by the panties hereto that all the work called
for tinder this contract, in all its parts and requirements, shall be completed before September 24,
2010.
ARTICLE V: HOURS OF LABOR.
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25)
for each worlanan employed in the execution of the contract by him or by any subcontractor for
each calendar day during which airy worltman is required or permitted to labor more than eight
(8) hours in violation of the provisions of Sections 1810-1815 inclusive. of the Labor Code and
all amendments thereto.
ARTICLE VI: APPRENTICES
Attention is directed. to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor
Code governing the employment of apprentices by the CONTRACTOR or .any subcontractor
under him. CONTRACTOR and any of his subcontractors shall comply with the requirements
of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance
with the said sections regardless of any other contractual or employment relationships alleged to
exist.
Information relative to apprenticeship standards and other requirements may be obtained
from the Director of Industrial Relations ex officio the .Administrator of Apprenticeship, San.
Francisco, California or from the Division of Apprenticeship Standards at its branch offices.
ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR subreeipient or subcontractor shall not discriminate on the basis of
race, color, national origin or sex in the performance of this contract. CONTRACTOR shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts.
Failure by CONTRACTOR to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as recipient
deems appropriate.
ARTICLE VIII: INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR is an independent contractor, and all persons working
for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and
employees, and said persons shall not be deemed agents, servants or employees of TOWN.
ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS
CONTRACTOR agrees that all records, specifications, data, maps., designs, graphics,
writings, recordings and other tangible materials regardless of form or format, including, without
limitation, electronically transmitted documents and ACRD files, and other collateral materials
collected, compiled, drafted, prepared, produced and/or generated in the performance of this
Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such
documents to TOWN upon TOWN's request. In the event that this Agreement is terminated
prior to completion of the scope of work, CONTRACTOR shall provide all such data and
documents to TOWN forthwith..
ARTICLE X: INSURANCE
a. Commercial General Liability/Automobile Liability Insurance:
CONTRACTOR shall obtain and maintain Commmercial General Liability
insurance and Automobile Liability insurance in the amount of One Million Dollars ($1,000,000)
per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply
separately to this contract or the general aggregate limit shall be twice the required occurrence
limit. CONTRACTOR'S insurance coverage shall be written on an occurrence basis.
b. Workers' Compensation Insurance:
CONTRACTOR shall obtain and maintain statutory Workers'
Compensation insurance and Employer's Liability insurance in the amount of One Million
Dollars {$1,000,000) per accident.
CONTRACTOR is familiar with the Workers' Compensation laws of
California (generally contained in Section 3700 of the Labor Code), including those provisions
which provide for .specific exemptions from the requirement that all employers must carry
Workers' Compensation insurance, and CONTRACTOR maintains they are exempted under t_he
law from the requirement to maintain Workers' Compensation insurance coverage.
In addition, during the term of any work for TOWN under said agreement: (1) CONTRACTOR
will not employ any person in any manner so as to become subject to the Workers'
Compensation laws of California, or (2) should CONTRACTOR become subject to the Workers'
Compensation provisions of Section 3700 of the Labor Code for any reason,
CONTRACTOR shall forthwith comply with those provisions and send evidence of financial
compliance to TOWN.
c. Acceptability of Insurers: Insurance is to be placed with insurers with a current
Best Rating of A:VII unless otherwise acceptable to TOWN.
d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall
be subject to TOWN'S approval. Original Certificates of Insurance with endorsements shall be
received and approved by TOWN before work commences, and insurance must be in effect for
the duration of the contract. The absence of insurance or a reduction of stated limits shall cause
all work on the project to cease. Any delays shall not increase costs to TOWN or increase the
duration of the project.
e. Other h~surance Provisions:
(1) The TOWN Or LOS GATOS, its officers, officials, employees and
volunteers are to be covered as additional insured by Endorsement CG 20 10 11 85 or other
endorsement approved by Town Attorney for Commercial General and Automobile Liability
coverage.
(2) ror any claims related to this project, CONTRACTOR'S insurance
coverage shall be primary and any insurance or self-insurance maintained by TOWN, its officers,
officials, employees and volunteers shall not contribute to it.
(3) Each insurance policy required shall be endorsed that a thirty (30) day
notice be given to TOWN in the event of cancellation or modification to the stipulated insurance
coverage.
(4) In the event CONTRACTOR employs subcontractors as part of the
work covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that
all subcontractors comply with the ~ same insurance requirements that are stated in this
Agreement.
(5) Approval of the insurance by TOWN or acceptance of the
Certificate of Insurance by TOWN shall not relieve or decrease the extent to which
CONTRACTOR may be -held responsible for payment of damages resulting. from
CONTRACTOR's services or operation pursuant to this Agreement, nor shall it be deemed a
waiver of TOWN'S rights to insurance coverage hereunder.
(6) If, for any reason, CONTRACTOR. fails to maintain insurance
coverage that is required pursuant to this contract,. the same shall be deemed a material breach of
contract. TOWN, at its sole option, may terminate this contract and obtain damages from
CONTRACTOR resulting from said breach. Alternately, TOWN may purchase such required
insurance coverage, and without further notice to CONTRACTOR, TOWN may deduct from
sums due to CONTRACTOR any premium costs advanced by TOWN for such insurance.
ARTICLE XI: HOLD HARMLESS
CONTRACTOR hereby agrees to and shall hold TOWN, its elective and appointive
boards, commissions, officers, agents, registered volunteers, and employees 1larmless from any
liability for damage or claims for damage for personal injury, including death,. as well as from
claims for property damage and any other claims of any sort whatsoever, including, but not
limited to, any liabilities, claims, losses, or expenses in any manner caused by, arising out of, or
in connection with, either directly or indirectly, the construction or installation of. the work,. the
guarding of the work, the use of improper materials in construction of the woiac, or the negligent,
willful, or intentional acts or omissions by CONTRACTOR or CONTRACTOR'S subcontractors,
agents, or employee operations under this Agreement, whether such operations by
CONTRACTOR or by any of CONTRACTOR'S subcontractors, or by any one or more persons
directly or indirectly employed by, or acting as agent for CONTRACTOR or any of
CONTRACTOR's subcontractors during the progress of the work or at any time before its
completion and final acceptance, excepting suits and actions Drought by the CONTRACTOR for
default of this Agreement or arising from the sole active negligence or willful misconduct of the
TOWN. The Town Council may retain so much of the money due to the CONTRACTOR as
shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits
or claims for damages as aforesaid.
CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option
of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney).
and indeirmify TOWN and its elective and appointive boards, commissions, officers, agents, and
employees from any suits or actions at law or in equity arising out of the execution, adoption or
implementation of this Agreement (exclusive of any such actions brought by CONTRACTOR),
such indemnification to include all costs of defense, judgments, and any awards of attorneys'
fees.
Should any accident or incident causing death, personal injury or property damage occur
between the date CONTRACTOR is .notified that its General Liability and/or Workers
Compensation Insurance is canceled and the effective date of such cancellation,
CONTRACTOR'S obligation to indemnify, defend and save harmless the TOWN, as provided
for hereinabove, shall in no manner be affected by the fact that the TOWN had not received the
notice of cancellation prior to the date of such accident or incident.
ARTICLE XII: BONDING REQUIREMENT
CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for
Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by
the TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds
for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial
Management Service and shall be listed on the most current Treasury Circular 570 as contained
in the Federal Register.
ARTICLE XIII: MAINTENANCE AND GUARANTY
CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may
determine, any finished product in which defects of materials or workmanship may appear or to
which damage may occur because of such defects, during a one (1) year period subsequent to the
date of final acceptance.
This article does not in any way limit the guaranty on any items .for which a longer
guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period,
nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied
warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty
certificates upon completion of the project.
ARTICLE XIV: SHORING FOR TRENCHES
If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or
greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of
the Labor Code shall also be applicable.
ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES
This Agreement shall be construed and enforced pursuant to the laws of the State of
California. Should any legal action be brought by a party for breach of this Agreement or to
enforce any provision herein, the prevailing panty of such action shall be entitled to reasonable
attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable
attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on
comparable fees of private attorneys practicing in Santa Clara County.
ARTICLE XVI: INTERPRETATION OF CONTRACT
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR,
then this instrument shall control and nothing herein shall be considered as an acceptance of the
said terms of said proposal conflicting herewith.
ARTICLE XVII: AMENDMENTS AND CHANGE ORDERS
This Agreement may be amended from time to time as .necessary by formal and written
amendment or authorized change order executed by the Town Manager or designee and principal
acting on behalf of the CONTRACTOR.
ARTICLE XVIII: DBE RESPONSIBILITIES
For projects that are State or Federal funding; With respect to Disadvantaged Business
Enterprises, CONTRACTOR. shall do the following:
(1) Pay each subcontractor under this prime contract for satisfactory performance of
its contract no later than ten (10) days from the receipt of each payment the prime contractor
receives from TOWN. Any delay or postponement of payment from the above-referenced time
frame may occur only for. good cause following written approval of TOWN. This clause. applies
to both DBE and non-DBE subcontractors.
(2) Release all retainage owed to a subcontractor for satisfactory completion of the
accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or
postponement of payment from the above-referenced time frame may occur only for good cause
following. written approval of TOWN. This clause applies to both DBE and non-DBE
subcontractors.
ARTICLE XIX: PREVAILING WAGES
Reference is hereby made to copies. of the general rate of per diem wages as determined
by the Director of the Department of Industrial Relations on file in the Department of Parlcs and
Public Works, TOWN OF LOS GATOS, Town Hall, which are available to any interested party.
For failure to pay the prevailing wages, the. CONTRACTOR shall forfeit, as a penalty, to
the TOWN, Fifty Dollars ($50) for each workman for each calendar day or portion thereof who
is paid less than the stipulated prevailing. wage for work done under this contract, in violation of
the provisions of the Labor Code, Sections 1770 to 1780,. inclusive. In addition to said penalty,
the CONTRACTOR, or subcontractor, shall pay to each worker the difference between the
prevailing wage and the amount paid to said worker for each calendar day for which said worker
was paid less then the prevailing wage.
CONTRACTOR shall comply with the provisions of the Davis-Bacon Act, as amended
(40 USC 276a-376a-5), .and related requirements as certified in CONTRACTOR'S bid proposal.
ARTICLE ~X: ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to the
subject matter herein. There are no representations, agreements or understandings (whether oral
or written) between or among the parties relating to the subject matter of this Agreement which
are not fully expressed herein.
ARTICLE XXI: PUBLIC RECORDS
The parties recognize and acknowledge that TOWN is subject to the California Public
Records Act, California Government Code Section 6250 and following. Public records are
subject to disclosure.
ARTICLE XXII: NOTICES
Any notice required to be given to CONTRACTOR shall be deemed to be duly and
properly given if mailed to CONTRACTOR, postage prepaid, addressed to:
RP Engineering Construction Company
2 N. Santa Cruz Ave., Ste. 209
Los Gatos, CA 95030
or personally delivered to CONTRACTOR at such address or at such other addresses as
CONTRACTOR may designate in writing to TOWN.
Any notice required to be given TOWN shall be deemed to be duly and properly given if
mailed to TOWN, postage prepaid, .addressed to:
Kevin Rohani, P.E.
Town Engineer
TOWN OF LOS GATOS
41 Miles Avenue
Los Gatos, California 95031
or personally delivered to TOWN at such address or at such other addresses as TOWN may
designate in writing to CONTRACTOR.
ARTICLE XXIII: SECTION 7106 FORM
Attached to the Agreement is a fully executed and sworn non-collusion affidavit as
required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date first written above.
APPROVED AS TO CONTENT:
"TOWN":
TOWN OF LOS GATOS
Todd Capurso,
Parks and Public Worlcs Director
By:
APPROVED AS TO FORM:
Michael Martello, Interim Town Attorney
CONTRACTOR:
Name:
Address:
Greg Larson, Town Manager
Attest:
Jackie Rose, Clerlc Administrator
By:
Title:
By;
Title:
Corporate Seal
Tax ID No, or SSAN:
CONTRACTOR'S BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That
as Principal, and
incorporated under the laws of the State of California and authorized to execute bonds and
undertakings as Surety, are held and. firmly bound unto any and all materialmen, persons,
companies or corporations furnishing materials, provisions, provender or other supplies used in,
upon,. for or about the performance of the work contracted to be executed or performed under the
contract hereinafter mentioned, and all persons, companies or corporations renting implements or
machinery, or hiring crews, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, aild all persons who supply both work and materials, and
whose claim has not been paid by the contractor, company, or corporations in the just and full
sum of (Three Hundred Forty Four Thousand Nine Hundred Fifty Four Dollars)
{$344,954), for the payment whereof, well and truly to be made, said Principal and Surety bind
themselves, their administrators, successors and assigns, jointly and severally firmly by these
presents.
The condition of the foregoing obligation is -such that; WHEREAS, the above-bounden
Principal has entered into a certain contract attached 1lereto and incorporated herein by reference
as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following
work; to wit: Los Gatos Library as required by t11e plans acid specifications, pursuant to the
award made to said contractor by the Council of the TOWN OF LOS GATOS, on June 21, 2010,
as will more fully appear by reference to the minutes of said Council of said TOWN of said date.
NOW, THEREFORE, if the above-bounden Principal, contractor, person, company, or
corporation, or his agent, or the subcontractors, fails to pay for any materials, provisions,
provender, or other supplies, or crews used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, or for any amount
required to be deducted, withheld, and paid over to Franchise Tax Board, from the wages of
employees of the contractor or subcontractor, pursuant to Section 18806 of the Revenue and Tax
Code, then the Surety of this bond will also pay the same in an amount not exceeding the sum
specified in the bond; and also, in ease suit is brought upon this bond, a reasonable attorney's fee,
which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be
taxed as costs in said suit and to be included in the judgment therein rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or to the
specifications accompanying the same shall in aizy way affect its obligation on this bond and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
This bond is executed and filed to comply with the provisions of Sections 3247, et seq.,
of the Civil Code.
Signed and sealed this day of , 2010.
BY:
CONTRACTOR
BY:
SURETY (Address and Phone No.)
(CORPORATE SEAL) (SURETY SEAL)
CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That
as Principal, and
incorporated under the laws of the State of California, and authorized to execute bonds and
undertakings as Surety, are held finely .bound unto the TOWN OF LOS GATOS, a municipal
corporation of the State of California, in the sum of (Three Hundred Forty Four Thousand.
Nine Hundred Fifty Four Dollars) ($344,954), for payment whereof, well and truly to be
made, said Principal and Surety bind themselves, their administrators, successors and assigns,
jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that: WHEREAS, the above-bounden
Principal has entered into a certain contract attached hereto and incorporated herein by reference
as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following
work;. to wit: Los Gatos .Library as required by the plans and specifications, pursuant to the
award made to said contractor by the Council of the TOWN OF LOS GATOS, on June 21, 2010,
as will more fully appear by reference to the minutes of said Council of said date.
The surety hereby stipulates and agrees that no change, extension of tiime, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or to the
specifications accompanying the same shall in any way affect its obligation on this .bond and it
does hereby waive notice of any such change, extension of tune, alteration or addition to the
terms of the agreement or to the work or to the specifications.
NOW, THEREFORE, if the above-bounden Principal shall well and truly perform the
work contracted to be performed under said contract, then this obligation shall be void;
otherwise, to remain in full force and effect.
Signed and sealed this day of , 2010.
BY:
CONTRACTOR
BY.
SURETY (Address and Phone No.)
(CORPORATE SEAL) (SURETY SEAL)
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