13 Attachment 1 - Construction Agreement including Exhibit ATennyson Electric Project #813-0236 Page 1 of 9
CONSTRUCTION AGREEMENT
This Agreement is dated for identification this 4th day of August, 2020, 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 Tennyson Electric, Inc. whose address is
7275 National Drive, Suite A-2, Livermore, CA 94550 (hereinafter "CONTRACTOR").
NOW, THEREFORE, the parties agree:
ARTICLE 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
Project #19-813-0236 Crosswalk Improvements on State Route 9 at Massol Avenue”
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 Exhibit A ($328,792), 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 manner and according to the contract documents, plans and specifications, and the
requirements of the Town Engineer.
ARTICLE III: 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 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.
ATTACHMENT 1
Tennyson Electric Project #813-0236 Page 2 of 9
ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Part I – Page 1 of the TOWN's Project Specifications Notice to Contractors
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 parties hereto that all the work
called for under this contract, in all its parts and requirements, shall be completed forty (40) working days
from Notice to Proceed.
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 him or by any subcontractor for each calendar day
during which any workman 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 sub recipient 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,
Tennyson Electric Project #813-0236 Page 3 of 9
electronically transmitted documents and ACAD 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 Commercial 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 the 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 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.
Tennyson Electric Project #813-0236 Page 4 of 9
(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) 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 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 cost 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 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.
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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.
Contractor agrees to allow five percent of the faithful performance bond to remain in effect for a period
of two years following Town Council project acceptance as guarantee for any needed repair or
replacement caused by defective materials and workmanship.
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 two (2) 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 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: LIQUIDATED DAMAGES
It is mutually agreed by CONTRACTOR and TOWN that in the event that completion of the
construction by CONTRACTOR under this Agreement is delayed beyond DATE, TOWN will suffer damages
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and will incur other costs and expenses of a nature and amount which is difficult or impractical to
determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and
expenses, and not by way of penalty, CONTRACTOR shall pay to TOWN the sum of One Thousand Dollars
($1,000.00) per day in liquidated damages for each and every calendar day such delay in completion of
the services under this Agreement continues beyond DATE. In the event that the liquidated damages are
not paid, CONTRACTOR agrees that TOWN may deduct the amount of unpaid damages from any money
due or that may become due to CONTRACTOR under this Agreement.
ARTICLE XVII: 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 XVIII: 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 XIX: 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 XX: PREVAILING WAGES
Prevailing Wage. This project is subject to the requirements of Section 1720 et seq. of the
California Labor Code requiring the payment of prevailing wages, the training of apprentices and
compliance with other applicable requirements. Contractors and all subcontractors who perform
work on the project are required to comply with these requirements. Prevailing wages apply to all
projects over $1,000 which are defined as a “public work” by the State of California. This includes:
construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems
under a Power Purchase Agreement when certain conditions are met under Labor Code Section
1720.6. This include service and warranty work on public buildings and structures.
Tennyson Electric Project #813-0236 Page 7 of 9
1. The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file
with the Town of Los Gatos Parks and Public Works Department, which shall be available to any
interested party upon request. The contractor is also required to have a copy of the applicable
wage determination posted and/or available at each jobsite.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-
1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping
and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on
public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid
pursuant to applicable Labor Code section.
3. The public entity for which work is being performed or the California Department of Industrial
Relations may impose penalties upon contractors and subcontractors for failure to comply with
prevailing wage requirements. These penalties are up to $200 per day per worker for each wage
violations identified; $100 per day per worker for failure to provide the required paperwork and
documentation requested within a 10-day window; and $25 per day per worker for any overtime
violation.
4. As a condition to receiving progress payments, final payment and payment of retention on any
and all projects on which the payment of prevailing wages is required, the contractor agrees to
present to the TOWN, along with its request for payment, all applicable and necessary certified
payrolls (for itself and all applicable subcontractors) for the time period covering such payment
request. The term “certified payroll” shall include all required documentation to comply with the
mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation
requested by the Agency or its designee including, but not limited to: certified payroll, fringe
benefit statements and backup documentation such as monthly benefit statements, employee
timecards, copies of wage statements and cancelled checks, proof of training contributions
(CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
5. In addition to submitting the certified payrolls and related documentation to the TOWN, the
contractor and all subcontractors shall be required to submit certified payroll and related
documents electronically to the California Department of Industrial Relations. Failure to submit
payrolls to the DIR when mandated by the project parameters shall also result in the withholding
of progress, retention and final payment.
6. No contractor or subcontractor may be listed on a bid proposal for a public works project unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
[with limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)].
7. No contractor or subcontractor may be awarded a contract for public work on a public works
project, unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE
TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than
$25,000 for construction alternation, demolition or repair work, registration is not required.
8. Should any contractor or subcontractors not be a registered public works contractor and perform
work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by
Tennyson Electric Project #813-0236 Page 8 of 9
the California Department of Industrial Relations against the TOWN for such violation, including
all staff costs and attorney’s fee relating to such fine.
9. The TOWN shall withhold any portion of a payment; including the entire payment amount, until
certified payroll forms and related documentation are properly submitted, reviewed and found
to be in full compliance. In the event that certified payroll forms do not comply with the
requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient
funds to cover estimated wages and penalties under the contract.
ARTICLE XXI: 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 XXII: 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 XXIII: 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:
Tennyson Electric, Inc.
7275 National Drive, Suite A-2
Livermore, CA 94550
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:
Town Engineer
TOWN OF LOS GATOS
41 Miles Avenue
Los Gatos, California 95030
or personally delivered to TOWN at such address or at such other addresses as TOWN may designate in
writing to CONTRACTOR.
ARTICLE XXIV: SECTION 7106 FORM
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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:
Matt Morley
Director of Parks and Public Works
APPROVED AS TO FORM:
Robert Schultz
Town Attorney
"TOWN":
TOWN OF LOS GATOS
By:
Laurel Prevetti
Town Manager
Attest:
Shelley Neis
MMC, CPMC, Town Clerk
CONTRACTOR:
Name: _____________________________
Address:
Tax ID No. or SSAN:
By:
Title:
By:
Title:
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
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 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:
Project #19-813-0236 Crosswalk Improvements on State Route 9 at Massol Avenue
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 2, 2020, 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 case 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 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.
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 , 2020.
BY:
CONTRACTOR
(CORPORATE SEAL)
BY:
SURETY (Address and Phone No.)
(SURETY SEAL)
The amount of the within obligation is hereby fixed by the TOWN Council in the sum of Three
Hundred Twenty Eight Thousand Seven Hundred Ninety Two Dollars ($328,792), that sum being one
hundred percent (100%) of the contract price, is by said TOWN Council deemed adequate, and is the sum
fixed by it for that purpose and the TOWN Manager is hereby authorized to approve said bond.
APPROVED AS TO FORM:
_____________________________ ________________________________
Robert Schultz, Town Attorney Laurel Prevetti, Town Manager
ATTEST: _____________________________
Shelley Neis, Town Clerk
CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, and
______________________________________________________________________,
incorporated under the laws of the State of _______________, and authorized to execute bonds and
undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a municipal corporation of
the State of California, in the sum of __________________ Dollars ($_________), 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:
Project # 19-813-0236 Crosswalk Improvements on State Route 9 at Massol Avenue
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 2, 2020, 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 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 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; otherwise, to remain
in full force and effect.
Signed and sealed this day of , 2020.
BY:
CONTRACTOR
(CORPORATE SEAL)
BY:
SURETY (Address and Phone No.)
(SURETY SEAL)
The amount of the within obligation is hereby fixed by the TOWN Council in the sum of Three
Hundred Twenty Eight Thousand Seven Hundred Ninety Two Dollars ($328,792), that sum being 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:
_________________________________ ____________________________
Robert Schultz, Town Attorney Laurel Prevetti, Town Manager
ATTEST:
___________________________
Shelley Neis, Town Clerk
This Page Intentionally Left Blank
Town of Los Gatos Parks and Public Works Department
Project #19-813-0236 Crosswalk Improvements on State Route 9 at Massol Avenue
ITEM
NO ITEM DESCRIPTION UNIT EST.
QTY.
UNIT
PRICE EXTENSION
1. Traffic Control L.S. 1 $45,269.00 $45,269.00
2. Changeable Message Signs Ea. 2 $2,600.00 $5,200.00
3. Adjust Sanitary Sewer Manhole to Grade Ea. 1 $1,100.00 $1,100.00
4. Install Curb (Type A1-8)L.F. 167 $185.00 $30,895.00
5. Detail 25A Striping - Thermoplastic L.F. 168 $15.00 $2,520.00
6. "Yield" Legend - Thermoplastic Ea. 2 $900.00 $1,800.00
7."Green Bike Lane Symbol with Arrow"
Legend - TLG Std. TR-A - Thermoplastic Ea. 4 $2,650.00 $10,600.00
8.5.0' Wide Dashed Green Bike Lane -
Thermoplastic L.F. 468 $25.00 $11,700.00
9. Install New R1-5 (CA) Sign on New Post Ea. 2 $700.00 $1,400.00
10. Electrical Systems L.S. 1 $158,308.00 $158,308.00
11. Irrigation Systems L.S. 1 $18,500.00 $18,500.00
12. Landscape Planting L.S. 1 $37,500.00 $37,500.00
13. Remove Tree Ea. 2 $2,000.00 $4,000.00
TOTAL $328,792.00
Tennyson Electric
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