16 - Los Gatos Library ProjectZOWN OF MEETING DATE: 06/07/10
~~ =- ITEM NO:
' ,~!~.
tos'~A~os COUNCIL/AGENCY AGENDA REPORT
DATE: JUNE 3, 2010
TO: MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY
FROM: GREG CARSON, TOWN MANAGER/EXECUTIVEbIRECTOR
SUBJECT: PPW JOB NO. 09-06 -LOS GATOS LIBRARY PROJECT 411-821-2501
A. ADOPT RESOLUTION DECLARING BOGARD CONSTRUCTION INC.
TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT
AND AWARD A CONSTRUCTION CONTRACT IN AN AMOUNT NOT
TO EXCEED $ 11,642,976.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSTRUCTION CONTRACT AS NECESSARY IN AN
AMOUNT NOT TO EXCEED $2,000,000.
RECOMMENDATION:
L Adopt resolution (Attaclunent 1) declaring Bogard Construction Inc. to be the lowest
responsible bidder on the project and award a construction contract in an amount not to
exceed $11,642,976.
2. Authorize staff to execute future change orders to the construction contract as necessary
in an amount not to exceed $2,000,000.
BACKGROUND:
The adopted 2009/10 Capital Improvement Program/Budget designates funding in the alnomit of
$14 million for the construction of a new Los Gatos Library facility. The new library will be a
30,000 square-foot, two-story building at 100 Villa Avenue on the southeast corner of the Civic
Center.
Cormnmiity meetings, stakeholder focus groups, enviromnental design charrettes, and public
hearings all provided opportwiities for community input into the design, material selections,
floor plans, and site plan for the new library. The new library will provide sufficient space for
expanded and additional Library services, including au expanded children's reading and storytime
area, a designated teen area, a computer lab, group study rooms, a history center, a periodical
reading room, and a coffee cafe. With a goal to achieve at least LEED Silver certification, the
new library will include many environmentally-efficient systems.
~~
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: , `.~ Assistant Town Manager/Deputy Directo~~Y`-~'own Attorney/General
CounseU Clerk Administrator/Secretary Finance -Community Development
N1PPW\MANAGEMENT\COiJNCIL\COUNCIL REPORTS\2010 RepartsUune 7\09-O6.new.Library.award.doc
PAGE 2
7iJNE 3, 2010
MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY
SUBJECT: PPW JOB NO. 09-06 -LOS GATOS LIBRARY PROJECT 411-281-2501
DISCUSSION:
As authorized by the Council, staff undertook apre-qualifying process for selection of building
contractors for this project beginning in December 2009. This use of this process provides the
Town with a comprehensive group of qualified contractors to participate in the project bidding.
As a result of this effort, a total of 24 building contractors were pre-qualified and deemed
eligible to submit bids on the project.
On March 15, 2010, Town Council approved plans and specifications for this project and
authorized staff to advertize the project for bidding. Apre-construction meeting was held with
the general contractors who had been pre-qualified for this project on April 22, 2010 to explain
project details and address any questions that they had before bidding the project. The bid
package for this project included the following five add alternatives that were designed as
enhancements to the Library project and could be included in the final contract award if the bids
received were lower than project cost estimate as determined by staff. The addition of these add-
alternatives to the project may increase the project LEED certification fiom Silver to Gold.
1. Pageant Grounds access improvements
2. Landscape improvements (additional stone pavers and benches)
3. Specialty light fixture for color capability
4. I S kw photovoltaic array on upper clerestory~roof
5. 20 kw additional photovoltaic array on main roof
On May 14, 2010, ten bids were received for this project (see Bid Summary, Attachment 2).
Staff has reviewed the bids, and after tabulation of the bid results determined that Bogard
Conshuction Company is a responsible entity and that its bid is responsive to the Town's formal
bid process.
On May 19, 2010, the Town received a protest from the apparent second lowest bidder, Zovich
Construction, alleging a single technical defect in one of the bid documents submitted by Bogard
Construction. Staff reviewed this alleged defect with Kovich and Bogard and believes that no
defect exists and that if it does, it is immaterial and easily coved.
The construction of the new Library is anticipated to start in early July (after the 4"' of July
holiday) and is scheduled to be completed in early 2012. The formal groundbreaking ceremony
is scheduled for 10:00 a.m. on Monday, June 21, 2010.
CONCLUSION:
It is recormnended that the Town Council /Redevelopment Agency adopt the attached
Resolution declaring Bogard Construction Inc. to be the lowest responsible bidder on the project
and award a construction contract in an amount not to exceed $11,642,676. This award will
include the base bid and all five add alternatives. Staff further recommends that the Town
Council /Redevelopment Agency authorize staff to execute future change orders to the
construction contract as necessary in an amount not to exceed $2,000,000.
PAGE3
JUNE 3, 2010
MAYOR AND TOWN COUNCIL/
CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY
SUBJECT: PPW JOB NO. 09-06 -LOS GATOS LIBRARY PROJECT 411-281-2501
ENVIRONMENTAL ASSESSMENT:
On January 11, 2010, the Town Council certified the Environmental Impact Report for the
library project.
FISCAL IMPACT:
There are sufficient funds for this project as demonstrated in the table below.
:~~ LOS GATOS LIBRARY PROJECT:; ~
;
_ ,
FY 2007/08 FY 2008!09 FY 20D9/10 Expended/ Proposed Remaining
Expenditures Expenditures Availflble Encumbered Contract Budget
FY 2009/10 Fiscal Impact Budget To Dflte Amount If Approved
Project 411-821-2501 $ 28,669 $ 677,778 $ 17,775,417 $ 2,427,709 $ 13,642,976 $ 1,704,732
TOTALS - - $ 17,775,417 $ 2,427,709 $ 13,642,976 $ 1,704,732
TOTA`LEXP~NDJTIJ12E5 BY!__CATEGORX : h' `, ;~, ,. .,_`, .. ...
Materials/Advertising $ 14,263
Construction $ 11,642,976
Consultant Services 416,439
Cantuigency 2,000,000
Desigi 1,366,233
Projec[Constmction 500,350
Site Acquisition 113,476
Staff 16,948 _
TOTALS
$ 2,427,709 $ 13,642,976
In conjunction i~~ith the construction of the building, a fund raising canlpaign is being under
taken by Friends of the Library to furnish the new Library.
Attachments:
1. Resolution declaring Bogard Construction Inc. to be the lowest responsible bidder on the
project and awarding a construction contract (Exhibit A) in an amount not to exceed
$11,642,976, and authorizing staff to execute future change orders to the construction
contract as necessary in an amount not to exceed $2,000,000.
2. Bid Sulrunary
TIIIS PAGE
INTENTIONALLY
LEFT BLANK
ATTACHMENT 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AWARDING A CONSTRUCTION CONTACT TO BOGARD CONSTRUCTION INC.
FOR PPW JOB N0.09-06
LOS GATOS LIBRARY PROJECT '
WHEREAS, bids were sought in conformance with State and Town law for PPW Job
No.09-06 -Los Gatos Library Project; and
WHEREAS, Bogard Construction Inc. submitted a bid which the Town
CouncilBedevelopment Agency deems to be responsive to the Town's solicitation
NOW, THEREFORE, BE IT RESOLVED by the Town Council/Redevelopment
Agency of the Town of Los Gatos, County of Santa Clara, State of California, that Bogard
Construction Inc. is declared to be the lowest responsible bidder for PPW Job Nn. 09-06 Los
Gatos Library Project; and that if failure to have the Public Contracts Code Section 7106 form
notarized is a mistake or defect, it is an immaterial one and easily cured by requiring by the
attachment of the notarized/sworn form attached to the executed contract (receipt of said sworn
form is hereby acknowledged).
BE IT FURTHER RESOLVED that the Town Manager/Executive Director is hereby
authorized and directed to execute a construction contract (Attached as Exhibit A) for said
project on behalf of the Town in an amount not to exceed $11,642,976.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders
as necessary in an amount not to exceed $2,000,000.
PASSED AND ADOPTED at a regular meeting of the Town Cotulcil/12edevelopment
Agency of the Town of Los Gatos, California, held on the 7`" day of June, 2010 by the following
vote:
COUNCIL/AGENCY MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: MAYOR/CHAIR OF THE REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR/SECRETARY OF THE REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
EXIIIBIT A
CONTRACT
This Agreement is dated for identification this 7th 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 BOGARD
CONSTRUCTION INC., whose address is 350-A Coral Street, Santa Cruz, California 95060
(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 payments 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 manner, under the supervision of the Town Engineer, or
his, 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 of said TOWN, entitled:
"Plans and Specifications for
LOS GATOS LIBRARY 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 such
reference made part of this contract.
ARTICLE II: CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exlibit "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 hr the prosecution of the work until its
acceptance by the Town Council of the TO~iJN OF LOS GATOS, and for well and. faithfully
completing the work, and the whole thereof, in the manner and according to the contract
documents, plans and specifications, and the requirements of the Tov,~n Engineer.
ARTICLE HL ACCEPTANCE BY TOWN
The 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 condifions 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 Forrn and wlrich 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 mrderstood and agreed by the parties hereto that all the work called
for under this contract, in all its parts and requirements, shall be completed before November 4,
2011.
ARTICLE V: HOURS OF LABOR
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25)
for each workman employed in the execution of the contract by hhn or by any subcontractor for
each calendar day during which any worlnnan 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 hi Sections 1777.5, 1777.6 and 1777.7 of the Labor
Code govenung 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 maybe obtained
from the Director of hidustrial Relations ex officio the Adrrunistrator of Apprenticeship, San
Francisco, Califonua or from the Division of Apprenticeship Standards at its branch offices.
ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR subrecipient 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 tennnlation of this contact or such other remedy as recipient
deems appropriate.
ARTICLE VIIL• 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: O«'NERSHIP 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
docmnents to TOWN forthwith.
ARTICLE X: INSURANCE
a. Commercial General Liability/Automobile Liability Insurance:
CONTRACTOR shall obtain and maintaui Commercial General Liability
insurance and Automobile Liability insurance hi 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' Compensafion 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 uisurance, and CONTRACTOR maintains they are exempted under the
law from the requirement to maintain Workers' Compensation insurance coverage.
3
In addition, during the teen of any work for TOWN under said agreement:
(1) CONTRACTOR will not employ any person in any mamier 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 Insurance Provisions:
(1) The TOWN OF 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) For 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) hi 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 hisurance by TOWN shall not relieve or decrease the extent to which
CONTRACTOR may be held responsible for pa}nnent of damages resulting fi-om
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
4
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 harmless 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 work, 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 brought 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 cast of defense (or, at the sole option
of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney)
and indemnify 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
hnplementation 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 dunage 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 matmer 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 REQUIREA'IENT
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 fortes 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
5
Management Service and shall be listed on the most current Treasury Circular 570 as contaiied
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 famish. 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 bench 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 conshrred 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 party 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 teens of this inshument and the bid or proposal of said CONTRACTOR,
then this instrument shall control and notling herein shall be considered as an acceptance of the
said teens of said proposal conflicting herewith.
ARTICLE XVII: AMENDMENTS AND CHANGE ORDERS
This Agreement maybe 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.
6
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 RAGES
Reference is hereby made to copies of the general rate of per diem wages as deteniuned
by the Director of the Department of Industrial Relations on file in the Department of Parks 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 276x-376a-5), and related requirements as certified in CONTRACTOR's bid proposal.
ARTICLE XX: ENTIRE AGREElVIENT
This Agreement contains the entire understanding between the parties with respect to the
subject matter herein. There are no representafions, agreements or wrderstandings (whether oral
or written) between or ainong the parties relating to the subject matter of this Ag~eement which
are not fully expressed herein.
ARTICLE XXI: PUBLIC RECORDS
The parties recognize and acknowledge that TOWN is subject to the Califonua Public
Records Act, Califonua Govermnent Code Section 6250 and following. Public records are
subject to disclosure.
7
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:
BOGARD CONSTRUCTION INC.
350-A Coral Street
Santa Cruz, California 95060
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 XXIIL• 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.
8
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date first written above.
APPROVED AS TO CONTENT:
Parks and Public Works Director
APPROVED AS TO FORM
Town Attorney/General Cquncil
CONTRACTOR:
Name:
Address:
Tax ID No. or SSAN:
"TOWN":
TOWN OF LOS GATOS
By:
Town Manager/Executive Director
Attest:
Clerk Administrator and Secretary of
the Redevelopment Agency
By:
Title:
By:
Title:
Corporate Seal
9
CONTRACTOR'S BOND FOR LABOR AND D~IATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That
as Principal, and
incorporated under the laws of the State of
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, and 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 Dollars
($ ), for the payrnent whereof, well and hlxly 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:
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 , as will more
fully appear by reference to the minutes of said Council of said TOWN of said date.
NOW, THEREFORE, if the above-boruidenPrincipal, contractor, person, company, or
corporation, or Iris agent, or the subcontractors, fails to pay for any raterials, provisions,
provender, or other supplies, or crews used ul, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of arty kind, or for amounts due
under the Unemployment Insurarrce 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 ui an amount not exceeding the sum
specified in the bond; and also, in case suit is brought upon this bond, a reasonable attorney's fee,
which shall be awarded by the court to the prevailirig 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 teens 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
10
does hereby waive notice of any such change, extension of tune, alteration or addition to the
teens 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: BY:
CONTRACTOR
(CORPORATE SEAL)
SURETY (Address and Phone No.)
(SURETY SEAL)
11
The amount of the within obligation is hereby fixed by the TOWN Council in the sum of
Dollars ($ ), that sum being more than fifty percent
(50%) of the contract price, is by said TOWN Council deemed adequate, and is the sum fixed by
it for that purpose and the TOWN Manager is hereby authorized to approve said bond.
APPROVED AS TO FORM:
Town Attorney
ATTEST:
Clerk Administrator
Town Manager
12
CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That
as Principal, and
incorporated under the laws of the State of ,and authorized to execute bonds
and undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a
municipal corporation of the State of Califorua, in the sum of Dollars
($ ), for payment whereof, well and holy 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 conhact attached hereto and incorporated herein by reference
as though fully set forth, with the TOWN OF LOS GATOS, to do and perfonrr the follownig
work; to wit:
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 , as will more
fully appear by reference to the mi,rutes of said Council of said date.
The surety hereby stipulates and agrees that no change, extension of tone, alterafion or
addition to the terms of the agreement or to the work to be performed thereunder or to the
specifications accompanying the carne shall in any 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.
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;
othen~~ise, to remain in full force and effect.
13
Signed and sealed this day of , 2010.
BY:
CONTRACTOR
(CORPORATE SEAL)
BY:
SURETY (Address and Phone No.)
(SURETY SEAL)
14
The amount of the within obligation is hereby fixed by the TOWN Council in the sum of
Dollars ($ ), that sum being more than one hundred percent
(100%) of the contract price, is by said TOWN Council deemed sufficient and adequate, and is
the sum fixed by it for that purpose.
APPROVED AS TO FORM:
Town Attorney
ATTEST:
Clerk Administrator Town Manager
15
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