2010-071-PPW Job 09-06 Award Construction Contract To Bogard Construction.RESOLUTION 2010-071
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
Council/Redevelopment 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 No. 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 Council/Redevelopment
Agency of the Town of Los Gatos, California, held on the 7th day of June, 2010 by the following
vote:
COUNCIL/AGENCY MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman, Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
SIGNE
c ~ ~, 1U(Gll~~
MAYOR/CHAIR OF THE REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATT ST:
e-e~,~~
CLE INISTRATOR/SECRETARY OF THE REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
EXIIIBIT A
CONTRACT
This Agreement is dated for identification this 7th day of Tune, 2010, and is made by and
between the TOWN OF LOS G,R,.TOS, a California municipal corporation, whose' address is 110
East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and $OGARD
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 paynxents and agreements hereinafter mentioned, to
be made and perfox7ned 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 1ereinafter mentioned, ixx
a good, worlemanlike slid substantial manner, Luider the supervision of the Town Engineer, or
his, of the TOWN OF LOS GATOS, California, all the works and improvements described,
mentioned and set foxth in those plans and specif,cations on file in the Office o£ the Forks and
Public Works of said TOWN, entitled:
"Flans and Specifications for
LOS GATOS LIBRARY FROJECT"
which said plans as~d specifications and all the documents therein contained, including the
TOWN OF LOS GATOS's Standard Provisions, are lxereby specially referred to and by such
reference i~.~iade part of t11is contract,
A.I2TICLE II; CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the pr7ces shown on Exhibit "A," which is
attached hereto and incorporated by reference herewith, as full compensation for furriislxing all
materials and ~equipinent and for doing all the worlc described in the contract documents; also for
all Ioss or dailiage as provided ias 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
coixipleting the worl~, and the whole thereof, in the manner axed accordiiag to the contract
documents, plans a7~d specifications, and the requirements of the Town Engineer,
AIZTICLTI III: ACCEPTANCE BY TOWN
7:J.xe said TOWN Hereby promises and agrees with the said CONTRACTOR to employ,
and does 1lereby employ the said CONTRACTOR to provide the materials and to do the work
accordillb to the terii~s grid conditions herein contained and referred to, for the prices aforesaid,
and hereby contracts to pay the same at the tune, in the znanrier and upon the conditionsabove
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 confaix~,ed.
AI.tTrCLE TV; COMPLI•JTION OT AGREEMENT
Reference is made to Section B.3 of the TOWN's Bid Form and which are hereby made a
part of this contxact. Inasmuch as the work called for under this contract concerns a needed
public in~:provemen ,the time of perfornnance and completion of this work is of the essence of
this contract, It is expressly understood 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 Noveratber 4,
2011. -
ARTTCT.E V: HOURS OF LABOR
The CUNTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five llollars ($25)
for each tivorlcznan employed in the execution of tl~.e contract by hhn or by any subcontractox for
each calendar day during wl~ch'any worl~anan is required or pei7nitted to labor more than eight
{8) hours in violation of the provisions of Sections 18101515 inclusive of the Labor Cade and
all axriendznents thereto.
ARTICLE VI: APPRENTrCES
Atten..ton is directed to the pravisions i7i Sections 1777.5, •1777.6 and 1777.7 of the Labor
Code goveriung the eznployrnent of apprentices by the CONTRACTOR or any subcontractor
under hiz11. CONTRACTOR and any of his subcontractors shall comply with the requirements
of said sectio~~s of the Labor Code; CONTRACTOR shall have full responsibility for corn lance
with the said sections regardless of any other contractual or ezxzployment relationships alleged to
exist.
Infozxnalion relative to apprenticeship standards and other requirements lxaay be obtained
fiom tl~.e Director of Industrial Relations ex officio the Administrator of Apprenticeship, San
Fraxacisco, Califorzua or fiom the Division of Appreiiticesllip Standards at its branch offices.
ARTICLE VII: NONDYSCRTMINATION
I'he CONTRACTOR subz•ecipient or subcontractor shall not discriminate on the basis of
race, color, ntrtional oz~igizz or sex in the performazace of tl-us contract. CONTRACTOR shall
carry out applic~.tble recluircments of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts.
I~ailuz~e by CONT1ZAClOR to carry out these requirements is a material breach of this
contract, which may' result u1 the terznillation of this contract or suc11 other remedy as recipient
deems appropriate. ,
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ARTICLIt; VIII: ll~'DEPENDENT CONTRACTOR
It is agreed. that CONTRACTOR is an independent contractor, and all persoxis working
for or under the direction of CONTRACTOR are CONTRACTOR'S .agents, servants and
employees, and saidpersons shall not be deemed agents, servants or employees of TOWN,
AIZTICLL IX: (7WNERS~IP OI' DATA AND DOCUI\'IENTS
CONTRACTOR. agrees that all records, specifications, data, maps, designs, graphics,
writiigs, recordings and other tangrible materials regardless of foran or format; including, without
limitation, clectxonically transmitted documents and ACAD files, and other collateral materials
collected, compiled, clralted, prepared, produced and/or generated in the performance of this
Agreement shall be the property oP TO~TJN. CONTRACTOR shall regularly provide such
documents to TU WN upon TOWN's request. 111 the event that this Agreement is terminated
pziol• to col~.lplction oi• the scope of work, CONTRACTOR shall provide all such data anal
documents to TOWN forthwith.
ARTICLE X: INSURANCE
a.. Conmlercial General Liabilit~Automobile Liability Insurance:
CONTRAC 1 UR shall obtain atld mavztaiti Colrllnercial General Liability
insurance and Atitolmcibile Liability i1su1•ance ti the axr1ou11t of One Million Dollars ($1,000,000)
per occuuclx;e. ]:l• a general aggregate limit is used, either the general aggregate limit shall apply
separately to this cont~:act or the general aglegate Ii1ut shall be twice the required occurrence
knit. CONTR.t~CTOR's insurance coverage shall be written on an occurrence basis..
b. Worlce;rs' Colntaensationlnsurance:
CONTRACTOR shall ,obtain and maintail7 statutory Woxkers'
Compensation insurance and Employer's Liability insurance in the amount of One Milliola
Dollars (`~J,000,C)00) per ar,c;ideiat,
CON'fIZAC'I'OIZ is familiar with the Workers' Compensation laws ~f
Calilorl~i~:1 (generally coritaii~ed in Section ~'7OU of the Labor Code), including those provisions
which provide for sl~ccilic e~elrlptions from the requirement that all employers must carry
Workers' C>on,l~c:u.sation insurance, aricl CONTRACTOR 11]ailtails they are exeanpted under the
law fioln tl~e requircl»cnt to 1nail~tai_n. Workers' Coznpensatiorl. insurance coverage.
In addition, dui7ng the texzn of auy work fox TOWN under said agreement:
{l) CONTRACTOR will not employ gray person in any znal~zler so as to become subject to the
Workers' Cozl~pe~lsation laws of Califoz~~ia, or (2) should CONTRACTOR become subject to the
Wozl~ers' Cornpensatioi~ provisions of Section 3700 of the -Labor Code for- any reason,
CONTRACTOR sl~.all forthwith comply witl~• those provisions and send evidence of financial
colnpli.ance to TOWN.
c. Acceptability of I:z~.surers: Insurance is to be placed with insurers with a current
Best Ralii"t~~r of A:VII uailess otherwise acceptable to TOWN.
d. Verirication of Coverage: Insurance, deductibles or self-insurance retentiozas shall
be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be
received and approved by TOtiVN before work conunernces, and insurance must be iz~ effect for
the duratio~l of the contract. The .absence oi' insuranee~or a reduction of stated lixzzits s1•zall cause
all work on t1~.e project to cease. ~1ziy delays shall not increase costs to TOWN or increase the
duration of t.l:ze project.
e. Ot:l'ner Insurance Provisions;
(l) The TOW i~l OF LOS GATOS, its officers, officials, employees and
voluzlteers a.rc to be covered. as additional insured by Endorsement CG 20 10 11 8S or other
ezzdorsemezit approved by Town Attorney for Commercial.General and Automobile Liability
coverage. .
(2) I'ox arty cl~.lin~zs related to this project, CONTRACTOR'S illsuxance
coverage shall bi; primary and a~1y innsurance or self=insurance maintained by TOWN, its officers,
officials, ernployces acrd voluxatecrs shall not contribute to it.
(3) Each insurance policy required shall be endorsed that a thirty (30) day
notice be given to 'f01`~N in the cverzt of cancellation or modification to the stipulated insurance
coverage,
(q-) hn tl:ne event CONTRACTOR employs subcontractors as part bf the
work covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that
all subcontractors comply with tl~e same insurance requirements that are stated in this
Agreement.
(5) Approval of the insurance by TOWN or acceptance of fhe
Certificaic, ;:f Insurance by TOWN shall not relieve or decrease the extent to wl~icl~
CONTR~IC"fOR may be held. responsible for payment of damages resulting fiozn
CONTRACTOR'S sc;rvices or operation pursuant to this Agreement, nor slrall it be deemed a
waiver of TOWN's rights to insurance coverage hereunder.
(6) If, fbr any reason., CONTRACTOR fails to maintain insurance
coverage that is requir-ccl pursuant to this contract, t17e sanzie shall be deemed a material breach of
contract. TOV~~N, at ils sole option, may terminate this coritxact and obtain damages from
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CONTRAC' 1'072 resulting from said breach. Alternately, TOWN inay purchase such required .
insurance coverage, and without further notice to CONTRACTOR, TOWN may deduct from
sums .due to CONTRACTOR any premittial costs advanced by TOWN for such insurance.
AIt'l'_i C;J ~E ~'.I: HOLD I~:A.RMLESS
CON I'1zACTUR Hereby agrees to and shall hold TOWN, its elective and appointive
boards, cozriia2issions, o.C~`zcers, agezlts, registered voluiateers, and employees harmless from any
liability for damtige or claims for damage for personal ilijwy, including death, as well as from
claims for pro-petty damage and a»y 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 coruaection with, either directly or indirectly, the. construction or installation of the work, the
guardvag of th.c work, the use of i~:nproper materials in construction of the wozl~, or the negligent,
willful, or intenti.oncrl acts or oziaissians by CONTRACTOR or CONTRACTOR.'s subcontractors,
agezats, or employee aperatiozas Lrnder dais Agreement, whether such operations by
CONTRACTOR or by any of CONTIZACTO:LZ's subcontractors, or by any one or more persons
directly c:>r indirectly enaploycd by, or acting as agent for CONTRACTOR or any of
CONTRACTOR's subcontractors dticring tlae progress of the work or at any time before its
corrzpletiaza azad fuial acceptazlce, e:xccpting soils and actions brou,~at by the CONTRACTOR for
default of ibis AgreezneYxt or arising Prom the sole active negligence or willful misconduct of the
TOWN. Tlae '1_'own Council may .retain so much of the money duo to the CONTRACTOR as
shall be reasonably necessary to Jarotcct the TOWN, until disposition has becirmade of such suits
or claims for dacrzages as aPoresaicJ..
C;O.N'J'i~.r1C'1'Oi~ agrees to cued shall. pay TOWN's cost of defense (or, at the sole option
of the rl'OVJN; CUN'J:'1ZACTOR :>Iaall defend with couzasel approved by the `TOWN Attorney)
and iildernnify "f O~VN acad its elccl.i:vc and appointive boards, commissions, offzcers, ..agents, and
errzploye:es li-circa any suits or actio.~ A5 .d law or in equity arising out of the execution, adoption or
itnpleznezita.tiurc of this Agreeizrent (exclusive of any such actions brought by CONTRACTOR},
such indemiziLicatiozl to include all u~sts al.' dcferlse, judgzaaents, and auy awards of attorneys'
fees.
Shoud .any accident or iru:iJc.ctt causing death, personal injury or property damage occur
betweeza the ci~.cte CON`l'IZ11C'TCI.i.. is notified that its General Liability and/or Workers
Compensatio:u [iasurarzce is cai~celecl and the effective date of such. cancellation,
CONTIZAC`COR's obligation to iudcmnil•5~, defend and save hai7nless the TOWN, as provided
for hercinabc}~ c; sba.11 in :_~o »~at~z.ccr be affected. by the fact that the TOWN had not received the
notice of cazacc;ll.ation prior to the dc:itc; of such accic.lezat or irrcidezlt.
AJIZ'l'ICLJ ; 1 II: 130ND II~~U ItEQUII2El\~NT
C0~!'1'i:AC'f OR agrees to post a 1{aithful 1?erfonnanee Band .arid a payment bond for
Labor and Materials, or other guarantees, in tlae recluved amounts upon. bond forms provided by
the 'TOWN, f~~_~artuatying the per:Corn~ance of the teizns of this Agreement. Surety issuing bonds
for CO:~I'L`LL"~Cl'OZ sh~iil be ~.~;;;;rovecl lay the U.S. Department of Txeasury's . Financial
Management Service .and shall be listed on the most current Treasury Circular 570 as contained
in the federal Register.
AlZ'I'1 CLr ~7 S.I. ; 11'tAZ_NTENANCE AND G~C.TARANTY
CONTRACTOR sl~.all. pro~~~pt:ly repair, replace, restore, or rebuild, as the TOWN may
determine, any finished product i» wl>ich defects of materials or workmanship may appear or to
which damage m~.ly occur because of such defects, dtu-ing a one (1) yea,' period subsequent to the
date of finial accepta.c~ee.
This article does not in any way limit the guaranty on any items for which a longer
guaranty is specified or on any itc;n~s which a znanufaeturer gives a guaranty for a longer period,
nor does it lil-~it the ottler remedies; nP 1:he '1'0'WN in respect to a latent defect, fraud or implied
warranties. COi~!'fRtLCTOR sliail liu-nisl~..the TOWN all appropriate guaranties or warranty
certificates upon completion of the project.
ART1CLT~ aIV: STIOR7NG FOR TRENCHES
if the co~~t.cact specifics ~;^ exlx:nditurc of Twe~aty-l~iye Thousand Dollars ($25,000) or
greater for trenc;l,,ic:~.g, and if~ the dcpih of the trench is five :feet (5') or rhore, then Section 6705 of
the Labor Codeshall also be applicable.
ALZ'I.'ICL,Z{; XV: AYI'L,i.Cf1t3LE LA1~S Al\'I) A'1"TORNE'Y~'S TEES
"1.7~is A;!-cc:merit shall be coa~strued and enforced pursuant to the laws of the State of
Calif~~rrria.. Sl~.ould any leg~.i1 acLi;',n be brought by a party for breach of this Agreement or to
enforce any provision herein, tb~: }-revailing party of such action shall be entitled to reasonable
attorneys' lees, court costs, and sut;1-~ other costs as xnay•be fixed by the court. Reasonable
attorneys' :Fees of the 7:'UV1N.Att~~rney's Otfic;c-;, ifl~rivatc counsel is not used, shall be based on
comparable fees of private ~tttor~ac?ys practicing in Santa Clara County.
~~~RTtCI..E ~ i~.i., 1~~1'fl;Rv[']2L'1'ATIUN OF CONTRACT
It is furtlic:r expressly agrcc;cl by and between the parties hereto that .should there be any
conflict belwecri the terans of this in~i.c2une:nt a:n.d the bid'or proposal of said CONTRACTOR,
then this ~instrunicrlt s1~a11 control a:~cl nothing herein shall be considered as an acceptance of the
said terms of s~..icl l.;rol;oscil conf7ie,ans; liere:willi.
A.IZ'f1C;LL 1VlI: .~~a.LND11'I:ANTS .AND C'1_TA1VGl, ORDERS
'Phis Agree.inent maybe ~;~ne~~cled 1i'on~ time to tirzze as necessary by formal a11d written
ainea~dnlent or a~:ithorized change o~dc~ executed by the To~x~n Manager or designee and principal
acting on behalf oi'the CUl\TTRAr'"fO.iZ,
b
ARTICL? X1'III: D]3E RESPCDNSIBILITIES
For projects that are Sta!:; or federal fanduzg; With xespect to Disadvantaged Business
Enterprises, CONTRACTOR sha]i cla the following:
(1) P'a.y each subcontr:tc:i:or under this prime contract for satisfactory per£onnance of
its contract no later than ten (10) days from the receipt of each payment the prime cozztractor
receives from TOWN. Any delay or postponement of payment froze the above-referenced time
frame may occur only for good cease !'ollowing written approval of TOWN. This clause applies
to both. DBE and non-DI3L subcoazfractors.
(2) Release all retainage owed to a subcontractor for satisfactory completion of the
accepted worl~ withui thirty (3 U) ~:ays ~~.Cter TOWN's payment to CONTRACTOR. Any delay or
postponement of p~lynlcnt from tile; tibove-referenced tune frame zxzay occuu only for goad cause
follo~~ving writtc;n approval of !'C~\~ N. This clause applies to botl~ DBE and non-DBE
subcozatractors.
AILTIL; f~L :; Ia.: PREVAILING `VAGES
l~cference is herby niaclc to c:~!:>i.es of'the gener~il rate of per diem wages as deternuned
by the Director ol~ file De!rz.rLlne+:: o.t'.' l,~ciustrial Relations on Tile in the Department of Pazks and
Public Works, '1.~OU'N OI' I:,OS C;,'i C(.: ~; Town Hall, which are available to any interested party.
hor failure to pay the pre-•. ailinp~ wages, the CONTRACTOR shall forfeit, as a penalty, to
the 'I'OVJN, Fil'ty Doll~us ($50) i,;r eac;[z worl~inan for each calendar day or portion thereof who
is paid. less than t:~e stipulated p! , vaili ~g wage for work done uzlder this contract, in violation of
the pi~ovis:ioz~s oi' tJ1c Labor Cod:'; i~ec.:ons 1770 to 1780, inclusive. In addition to said penalty,
the CON 11tAC'1 OR, or subconU~actor, shall pay to each worker the difference between the
prevailing wage. a.nd the amount ~~zticl i`o sai.d worker far each calendar day. far which said worker
was paid. less then the preva:i.litt:f; ;~;-age;.
C'ONTRAC;a'OR shill cuz~~ply ~.vi.H_~. the provisions of the Davis-Bacon Act, as amended
(40 [)SC 27Ga-37Eia-5), aril rela',;,d rec.:irements as certilled irz CONTRACTOR'S bid' proposal.
ARTl C,l ,I~ X~'.: ENTIRE AGREEMENT
'1:l~i.s Agrecz~z~enf: corltaiz~~ (lac c;,tirc u:c:.derstandin.g bet~n~een flee parties with respect to the
subject ~:~ia.tter l~r;rc;i:n. Thcz-e arc ~n r;.. ;resc:nt.a:tions, agt"eenlents or understandings (whether oral
oz• v,~riti:en) between or among [1... l.~arc~~~s relating to the subject zllatter of this Agreement wluch
are not sully expressed herein.
;11t' ~ , t~ i , : ; ~:ZI: I'~[7I3LIC; ItECOI2DS
The partir~;; re;c;ognice aid :~cl:::owleclt;e that TO\VN is subject to the California Public
Reccrc.is l~:ct, C:alilornia Gove~ ~~1r~c•.i~. Cock Section 6250 and following. Public records are
subject to disclosure.
AIZ'~f'rCLIt; X~:TI: NOTICT;IS
Aziy z7oti.ce required to be gi`, c;n to CONTRACTOR shall be deemed to be duly and
properly given if mailed to CO1tTRAC"]'012, postage prepaid, addressed to:
BOGAIZD GONSTRUCTIONINC.
350-f1 Coral Street
Stint;: Cruz, Califoinia 95060
or personally delivered to CONTRACTOR at such address or at such other addresses as
CONTRACTOR may designate ~ n Wi'i' ing to TOWN. -
Any notice required i:o bc; giv,.~ : TOWN shall be deemed to be duly and properly given zf
mailed i.o TO1~~N, posttige; preps id, ~u' :rrssed t:o: ,
t;~evin Roha.iu, P.L.
Town. Engineer
TGbVN Ol? LOS G11.'1'OS
X11 Miles ~vezzue
Los Lratos, Caliloriua 95031
or pea-sat~ally delivered to 'I'OV~'N a.t such address or at such other addresses as TOWN ~naay
designate in tivritul.g t:o CON'1'Rf,.C'1'(...
~alt'1'ICLI? ,:?CTIt: ~S.L:CT:[ON 710G1<'ORM
n.ttached to the Agrcem.ent i.s a fully e~;ecuted and. swozn non-collusion affidavit as
z'equired by Section 7106 of tl~e Cal.i.io::iia l'u.blic Contracts Code. Said affidavit is ineorparated
lzereiiz by this reference.
8
TN WI'T`NESS WHEREOF, the Pattie::: to these presents have hereunto set their hands the year
and date fast written above.
APPROVED AS TO CONTENT;
~~TO~~rN,~;
TOWN OF LOS GATOS
Parks and Publae VJorlcs Director
B y:
APPRO~T>JD AS TO FORM:
Town Attorney/C7eneral Cgtwcil
Town Man.ager/Executive Director
Attest:
Cleric Administrator ~ and Secretary of
fire Redevelopment Agency
CONTRACTOR:
Name:
Address:
Tax ID No. or SSAN;
By: _
Title;
By:
Title:
CoxTorate Seal
9
CONTRAC'z'OR'S LOND Ti'OR LABOR AND 11IATERIAL
~~NO~V nL L MEN BY THES [-? PRESENTS;
That
as Principal, and
incorl~oratecl under the laws of the Slate of
and authorized to execute bonds and underlalcings as Surety, are held and firmly bound unto any
and •all n~atei~almen, persons, compazues or corporations fiu-nishing n~.aterials, provisions,
provender or other supplies used in, upon, for or about the performance of the work contracted to
be executed or perfoz7ned uaxler the contract hereinafter mentioned, and all persons, companies
or corporations renting izllplements u:: machinery, or hiring crews, for or contributing to said
work to be cloz~ze, and all persons wlio l~erfonn work or labor upon the same, and all persons. who
supply both ~~~ork and nlaterial.s, and ~~,~liose claim has not been paid by the contractor, company,
or corpora:tiozls i11 the just and i:l~ll sum of ~ Dollars
($ _~, for the payment whcrerrf, well and truly to be anode, said Principal and Surety
bind themselves, their achilinistrators, successors and assigns, joizatly and severally f'zrmly by
these Z~resents.
'I he condition of the foregoin.; cil~ligatiozl is such that; WHEREAS, the above-bounden
Principal has entered into a certain co,~tcact attached hereto and incozporated herein by reference
as though Dully set forth, with the TC~VJN Of~ LOS GATOS, to.do and perform the following.
work; to wit:
as required by the plans and specificati~uas, pursuant to the award made to said contractor by the
Council of the TOWN Ole LOS GA".:. t)S, on as will snore
fully appear by ref'c;rezzce to the n7izrut c;; ol• said Council oI• said TOWN of said date.
NOW, TIIERErORE, if the ~:l~ove-bounden Principal, contractor, person, company, or
corporation, or his agent, or t17c sc,l~contractors, fails to pay for any anatei7als, provisions,
provender, ru• other supplies, or crews used i.n, upon, ibr, or about tl~e perforiizance of the work
contrac:e;cl t:o lie clone, or for any wo: is or labor done thereon of any kind, or for amounts due
under the Uncinplo5r,.nent Insurance: ;'~ci with respect to such «rozlc or labor, or for any amount
required to be deducted, witlzlzeld, a.r.~l paid over to Fraiichise.Tax Boal•d, from the wages of
employees of'the contractor or subcol~'~a.ctor, pu~:suant to Section 1.8806 of the Revenue and Tax
Code, Then `he Surety of this bond w; ;also pay the salve in an azxzount not exceeding the sum
specif ed in the bond; and also; in cas.::::uit is brought upon this bond, a reasonable attonley's fee,
which sh~.ill be awarded by the court t: • tizc: prevaili~iig party in said suit, said attoi~iey's fee to be
taxed ~.is costs in said suit and to be ir~c:.;.u:ied in the j udgment therein rendered,
':Clie surety herevy stipulates ~.,.d ~,ln•ecs tb.ati no ch~:inge, extension of time, alteration or
additicm to the tca:lns of the a~;reezz;ent c>r to the work to be performed thereunder or to the
specilic{ltians accompanyin~7 the saL,:~; ~ x,_,11 i~z any u~ay affect its obligation on this bond and it
10
does hcsreby waive ziotice of ally sucl.:.lzange, extension. of tu1~e, alteration. or addition to the
teriizs of tl~.e agreenZez~zt or to flee work ~ :~ ~;~ the specifications.
'I'bis bond is execrated azld t.le,: to comply with the provisions of Sections 3247, etseq,,
of the Civil Code,
Signed and sealed this _. day o1' , 2010.
BY:
CONTRACTOR.
. BY:
SURETY (Address and-Phone No,)
(CORI'OIZATE Sl~AL) (SURETY SEAL)
11
The amount of the within obli~:;:~ion is hereby fixed by the TOWN Council in the sum of
Dol~,:rs ($ }, that sum being more than fifty percent
(50%) of the co~ltract price, is by said. ';' ~\VN Council deemed adequate, and is the suXx~ fixed by
it for that purpose and the TOWN M:a,:.;;-:~- i.s hereby authorized to approve said bond.
APPROVED ~1S TO FORM;
Town Attorney
ATTEST:
Clerk Acl~i-~i~zistrator Towa~ ~~Ianager
12
CONTIZAC'Z'OR'~S I3C;~~ ll I+OR FAITI3FTJ~L PERT'ORMANC)J
KNOW ALL MEN BY THESL PRESENTS:
That
as Principal, and
,-
incorj~oz•ated under the laws of the State of ,and authorized to execute bands
and undertakizigs as Surety, are held rizlmly bound unto the TOWN OF LOS GATOS, a
znuzaicipal corporation of the State o:f C;alifozzua, in the sum of Dollars
{$~~, £ar payment whereof, ~-re1.1 and truly to be made, said Principal and Surety bind
themselves, their aclmuustrators, succc,-ors and assigns; jointly and severally, fnxnly by these
presents.
The condition of th.e foregoin~7 obligation. is such that: WHEREAS, the above-bounden
Prizicipa.l has entered into a certain coz~:ra;:t attached hereto and incorporated herein by reference
as though fiilly set forth, wit11 the 'I'O\`d;'~' OF LOS GATOS, to do and perfozrn the £ollowulg
work; to wit:
as requ:ircd by -tile plans and specilic:,~ .:;:;, pursuant to the award made to said contractor by the
Council of th.e `l'OWN OF LOS GA.A C::.>. on. , as will more
fully tLppear by reI'crcnce to the mii~,:~ ~'said~Cocuicil of said date.
The surety hereby ~stipulatcs at~c:l agrees that no change, extension of tune, alteration or
addition. to the tez-nzs of the agre;c~~~ • :' -~r to the work to be performed tl~exeunder or to the
specifications acconlpaiiying tl~e same ~i~~~ll in any way affect its obligation on this bond and it
does hereby waive notice of any such ~;~~u~.ge, extension of tune, alteration or addition to the
terms oftlie agreement or to the work or t. the specifications.
NO~~i~, 'T'HEREFORE, if tl~e <~':~;s~, ~-bounden Principal shall well and truly perforzm the
work contracted to be performed. 1:~~-~lcr said contract, then this obligatiozf shall be void;
othert~~ise, to rcrna:i.e~ :i.n £cill i~~rce stn:, ~. , ....
13
Signed a~~d se~.led this ___ day of , 2010.
BY:
CONTRACTOR
Y3Y:
SURETY (Address a~~.d 1'haneNo.)
(CORPORATE S~AI,) ~ (SURETY SEAL)
14
The amount of the within oblig:i.tic ~~. is Hereby fixed by the TOWN Council in the sum of
Dollars (~~_____,, that suXn being more t1~an one hundred percent
(100%} of the cox~txact price, is vy saicl T)WN Council deemed sufficient and adequate, and is
the suiu fixed by it for that pu:-pose,
APPROVED AS TO FORM:
Town Atton.~ey
A 11'EST:
Clerk Adnui~istrator Town Manager
15
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