Staff ReportPREPARED BY: MATT MORLEY
Director of Parks and Public Works
Reviewed by: Assistant Town Manager Town Attorney Finance
N:\SHARE\COUNCIL REPORTS\2016\10-04-16\03 Blossom Hill Park Backstop Project\03 Staff Report FINAL.docx9/29/2016 3:16 PM SH
MEETING DATE: 10/04/16
ITEM NO: 3
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 21, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: BLOSSOM HILL PARK BACKSTOP REPLACEMENT PROJECT 831-3407
A. AUTHORIZE THE TOWN MANAGER TO AWARD AND EXECUTE A
CONSTRUCTION AGREEMENT WITH AAA FENCE COMPANY IN THE
AMOUNT OF $91,392, PLUS A TEN PERCENT CONTINGENCY FOR A TOTAL
CONTRACT AMOUNT NOT TO EXCEED $100,531.
B. AUTHORIZE THE TOWN MANAGER TO ACCEPT A ONE-TIME DONATION
OF $25, 000 FROM LOS GATOS LITTLE LEAGUE AS A CONTRIBUTION
TOWARDS THE BACKSTOP REPLACEMENT.
RECOMMENDATION:
1. Authorize the Town Manager to award and execute a construction agreement with AAA Fence
Company (Attachment 1) in the amount of $91,392, plus a ten percent contingency for a total
contract amount not to exceed $100,531 for the Blossom Hill Park Backstop Replacement Project
831-3407.
2. Authorize the Town Manger to accept a one-time donation of $25,000 from the Los Gatos Little
League (LGLL) as a contribution towards the backstop replacement.
BACKGROUND:
The current backstop at Blossom Hill Park is a “clam shell” design, which is now considered obsolete
for little league play. This presents an inherent safety concern, specifically with the arch of the backstop
which is directly over the home plate and is intentionally designed to contain pop flies. With this
design, a pop fly can hit the overhead cross rail, propelling the baseball back at the batter, catcher or
umpire, potentially causing injury. Based on conversations staff has had with LGLL Board Members,
this concern is real with ongoing occurrences throughout the season. Additionally, the current backstop
does not meet current earthquake standards and is showing signs of rust and stress factors in the
supporting post structures.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 16-831-3407 BLOSSOM HILL PARK BACKSTOP REPLACEMENT
PROJECT - 831-3407
SEPTEMBER 21, 2016
BACKGROUND (cont’d):
At the June 16, 2015 Council meeting, Council gave direction to minimize discretionary capital projects
for FY 2015/16, pending resolution of needs for the Almond Grove Street Repair and Resurfacing
project. As a result, $2.1 million dollars in proposed capital projects were placed on hold, including the
Blossom Hill Park Little League Backstop project.
At the November 3, 2015 Council meeting, Council authorized the release of $25,000 in funding for the
Blossom Hill Park Little League Backstop Project. As Town staff coordinated with LGLL to identify
the scope of work, it was determined that the project cost would be higher than the original approved
budget of $25,000. At the January 19, 2016 Council meeting, an increase in funding for the replacement
of the Blossom Hill Park Backstop Replacement Project was included and approved as a part of the
Town’s Capital Improvement Program Budget for FY 2016/17.
DISCUSSION:
A formal bid was issued for this project, which included a base bid item for demolition and replacement
of the backstop and two additive alternate bid items for a concrete mow band and asphalt pavement
repairs along the footing of the backstop structure. The project plans and specifications were sent to
three local contractor building exchanges and three fence contractors. On August 26, 2016, two bids
were received, one from AAA Fence Company and one from Golden Bay Fence Company. The bid
summary is included as Attachment 2.
Both bids were found to be responsive and staff is recommending award to the low bidder, AAA Fence
Company.
CONCLUSION:
Staff recommends that the Council:
1. Authorize the Town Manager to award and execute a construction agreement with AAA Fence
Company in the amount of $91,392, plus a ten percent contingency for a total contract amount not to
exceed $100,531 for the Blossom Hill Park Backstop Replacement Project 831-3407.
2. Authorize the Town Manger to accept a one-time donation of $25,000 from the Los Gatos Little
League (LGLL) for the replacement of the backstop.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA and is categorically exempt [Section 15301(c) Existing streets,
sidewalks, trails and similar facilities].
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 16-831-3407 BLOSSOM HILL PARK BACKSTOP REPLACEMENT
PROJECT - 831-3407
SEPTEMBER 21, 2016
FISCAL IMPACT:
The current license agreement between the Town and Los Gatos Little League “Licensee” states:
“Should it become necessary to make any capital repairs or improvements to common buildings or
structures of the premises which include replacement, Licensee shall pay its proportional share of those
costs which is hereby agreed to be fifty percent (50%), but shall not exceed a total of twenty-five
thousand dollars ($25,000) over the initial term of this agreement.”
Los Gatos Little League (Licensee) will donate $25,000 for the replacement of the backstop in
alignment with the agreement.
Additional funding for this project will come from the Blossom Hill Park – Little League Backstop
Project. There are sufficient funds available for this project through the Town’s adopted FY 2016/17 -
2020/21 Capital Improvement Program Budget as demonstrated in the table below.
Attachments:
1. Construction Agreement
2. Bid Summary
Adopted Expended/Proposed
Budget Encumbered Available Project
Use of Funds FY 2016/17 FY 2016/17 Balance Cost
Blossom Hill Park - Little League
Backstop Project $110,000 $0 $110,000 $100,531
TOTALS $110,000 $0 $110,000 $100,531
Source of Funds
GFAR
Little League Contribution
TOTALS
Blossom Hill Park - Little League Backstop Project
PROJECT 831-3407
$85,000
$25,000
$110,000
Adopted Budget FY 2016/17
AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT
CONSTRUCTION AGREEMENT
This Agreement is dated for identification this 4th day of October, 2016, 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 AAA FENCE CO. INC., whose
address is 2746 SCOTT BLVD, SANTA CLARA, CA 95050 (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
Project #16-831-3407 Blossom Hill Park Backstop Replacement
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," 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 completin g 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.
AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT
ARTICLE IV: COMPLETION OF AGREEMENT
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 thirty (30) 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,
electronically transmitted documents and ACAD files, and other collateral materials collected, compiled,
drafted, prepared, produced and/or generated in the performance o f this Agreement shall be the property
of TOWN. CONTRACTOR shall regularly provide such documents to TOWN upon TOWN's request.
AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT
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.
(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.
AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT
(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 con nection 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 CONTRACT OR
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.
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.
AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT
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 ten 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 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 Five Hundred
Dollars ($500.00) per day in liquidated damages for each and every cale ndar 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.
AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT
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
Reference is hereby made to copies of the general rate of per diem wages as determined
by the Director of the Department of Industrial Relations which may be obtained from the State
of California.
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 than the prevailing wage.
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations and/or the Town of Los Gatos.
AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT
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:
AAA FENCE COMPANY, INC.
2746 SCOTT BLVD.
SANTA CLARA, CA 95050
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:
Lisa Petersen, P.E.
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
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.
AAA FENCE CO., INC. – BLOSSOM HILL PARK BACKSTOP REPLACEMENT
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
Clerk Administrator
CONTRACTOR:
Name: _____________________________
Address:
Tax ID No. or SSAN:
By:
Title:
By:
Title:
Corporate Seal
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 #16-831-3407 Blossom Hill Park Backstop Replacement
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 October 4, 2016, 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, pro visions, 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 , 2016.
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 Ninety
One Thousand Three Hundred Ninety Two Dollars ($91,392.00), that sum being one hundred percent
(100%) of the contract price, is by said TOWN Council deemed adequate, and is the sum fixed by it for
that purpose and the TOWN Manager is hereby authorized to approve said bond.
APPROVED AS TO FORM:
_____________________________ ________________________________
Robert Schultz, Town Attorney Laurel Prevetti, Town Manager
ATTEST: _____________________________
Shelley Neis, Clerk Administrator
CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, and
______________________________________________________________________,
incorporated under the laws of the State of _______________, and authorized to execute bonds and
undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a municipal corporation
of the State of California, in the sum of __________________ Dollars ($_________), 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 #16-831-3407 Blossom Hill Park Backstop Replacement
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 October 4, 2016, 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 , 2016.
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 One
Thousand Three Hundred Ninety Two Dollars ($91,392.00), 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, Clerk Administrator