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16 - Los Gatos Library ProjectZOWN OF MEETING DATE: 06/07/10 ~~ =- ITEM NO: ' ,~!~. tos'~A~os COUNCIL/AGENCY AGENDA REPORT DATE: JUNE 3, 2010 TO: MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: GREG CARSON, TOWN MANAGER/EXECUTIVEbIRECTOR SUBJECT: PPW JOB NO. 09-06 -LOS GATOS LIBRARY PROJECT 411-821-2501 A. ADOPT RESOLUTION DECLARING BOGARD CONSTRUCTION INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $ 11,642,976. B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY IN AN AMOUNT NOT TO EXCEED $2,000,000. RECOMMENDATION: L Adopt resolution (Attaclunent 1) declaring Bogard Construction Inc. to be the lowest responsible bidder on the project and award a construction contract in an amount not to exceed $11,642,976. 2. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $2,000,000. BACKGROUND: The adopted 2009/10 Capital Improvement Program/Budget designates funding in the alnomit of $14 million for the construction of a new Los Gatos Library facility. The new library will be a 30,000 square-foot, two-story building at 100 Villa Avenue on the southeast corner of the Civic Center. Cormnmiity meetings, stakeholder focus groups, enviromnental design charrettes, and public hearings all provided opportwiities for community input into the design, material selections, floor plans, and site plan for the new library. The new library will provide sufficient space for expanded and additional Library services, including au expanded children's reading and storytime area, a designated teen area, a computer lab, group study rooms, a history center, a periodical reading room, and a coffee cafe. With a goal to achieve at least LEED Silver certification, the new library will include many environmentally-efficient systems. ~~ PREPARED BY: TODD CAPURSO Director of Parks and Public Works Reviewed by: , `.~ Assistant Town Manager/Deputy Directo~~Y`-~'own Attorney/General CounseU Clerk Administrator/Secretary Finance -Community Development N1PPW\MANAGEMENT\COiJNCIL\COUNCIL REPORTS\2010 RepartsUune 7\09-O6.new.Library.award.doc PAGE 2 7iJNE 3, 2010 MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: PPW JOB NO. 09-06 -LOS GATOS LIBRARY PROJECT 411-281-2501 DISCUSSION: As authorized by the Council, staff undertook apre-qualifying process for selection of building contractors for this project beginning in December 2009. This use of this process provides the Town with a comprehensive group of qualified contractors to participate in the project bidding. As a result of this effort, a total of 24 building contractors were pre-qualified and deemed eligible to submit bids on the project. On March 15, 2010, Town Council approved plans and specifications for this project and authorized staff to advertize the project for bidding. Apre-construction meeting was held with the general contractors who had been pre-qualified for this project on April 22, 2010 to explain project details and address any questions that they had before bidding the project. The bid package for this project included the following five add alternatives that were designed as enhancements to the Library project and could be included in the final contract award if the bids received were lower than project cost estimate as determined by staff. The addition of these add- alternatives to the project may increase the project LEED certification fiom Silver to Gold. 1. Pageant Grounds access improvements 2. Landscape improvements (additional stone pavers and benches) 3. Specialty light fixture for color capability 4. I S kw photovoltaic array on upper clerestory~roof 5. 20 kw additional photovoltaic array on main roof On May 14, 2010, ten bids were received for this project (see Bid Summary, Attachment 2). Staff has reviewed the bids, and after tabulation of the bid results determined that Bogard Conshuction Company is a responsible entity and that its bid is responsive to the Town's formal bid process. On May 19, 2010, the Town received a protest from the apparent second lowest bidder, Zovich Construction, alleging a single technical defect in one of the bid documents submitted by Bogard Construction. Staff reviewed this alleged defect with Kovich and Bogard and believes that no defect exists and that if it does, it is immaterial and easily coved. The construction of the new Library is anticipated to start in early July (after the 4"' of July holiday) and is scheduled to be completed in early 2012. The formal groundbreaking ceremony is scheduled for 10:00 a.m. on Monday, June 21, 2010. CONCLUSION: It is recormnended that the Town Council /Redevelopment Agency adopt the attached Resolution declaring Bogard Construction Inc. to be the lowest responsible bidder on the project and award a construction contract in an amount not to exceed $11,642,676. This award will include the base bid and all five add alternatives. Staff further recommends that the Town Council /Redevelopment Agency authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $2,000,000. PAGE3 JUNE 3, 2010 MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: PPW JOB NO. 09-06 -LOS GATOS LIBRARY PROJECT 411-281-2501 ENVIRONMENTAL ASSESSMENT: On January 11, 2010, the Town Council certified the Environmental Impact Report for the library project. FISCAL IMPACT: There are sufficient funds for this project as demonstrated in the table below. :~~ LOS GATOS LIBRARY PROJECT:; ~ ; _ , FY 2007/08 FY 2008!09 FY 20D9/10 Expended/ Proposed Remaining Expenditures Expenditures Availflble Encumbered Contract Budget FY 2009/10 Fiscal Impact Budget To Dflte Amount If Approved Project 411-821-2501 $ 28,669 $ 677,778 $ 17,775,417 $ 2,427,709 $ 13,642,976 $ 1,704,732 TOTALS - - $ 17,775,417 $ 2,427,709 $ 13,642,976 $ 1,704,732 TOTA`LEXP~NDJTIJ12E5 BY!__CATEGORX : h' `, ;~, ,. .,_`, .. ... Materials/Advertising $ 14,263 Construction $ 11,642,976 Consultant Services 416,439 Cantuigency 2,000,000 Desigi 1,366,233 Projec[Constmction 500,350 Site Acquisition 113,476 Staff 16,948 _ TOTALS $ 2,427,709 $ 13,642,976 In conjunction i~~ith the construction of the building, a fund raising canlpaign is being under taken by Friends of the Library to furnish the new Library. Attachments: 1. Resolution declaring Bogard Construction Inc. to be the lowest responsible bidder on the project and awarding a construction contract (Exhibit A) in an amount not to exceed $11,642,976, and authorizing staff to execute future change orders to the construction contract as necessary in an amount not to exceed $2,000,000. 2. Bid Sulrunary TIIIS PAGE INTENTIONALLY LEFT BLANK ATTACHMENT 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTACT TO BOGARD CONSTRUCTION INC. FOR PPW JOB N0.09-06 LOS GATOS LIBRARY PROJECT ' WHEREAS, bids were sought in conformance with State and Town law for PPW Job No.09-06 -Los Gatos Library Project; and WHEREAS, Bogard Construction Inc. submitted a bid which the Town CouncilBedevelopment Agency deems to be responsive to the Town's solicitation NOW, THEREFORE, BE IT RESOLVED by the Town Council/Redevelopment Agency of the Town of Los Gatos, County of Santa Clara, State of California, that Bogard Construction Inc. is declared to be the lowest responsible bidder for PPW Job Nn. 09-06 Los Gatos Library Project; and that if failure to have the Public Contracts Code Section 7106 form notarized is a mistake or defect, it is an immaterial one and easily cured by requiring by the attachment of the notarized/sworn form attached to the executed contract (receipt of said sworn form is hereby acknowledged). BE IT FURTHER RESOLVED that the Town Manager/Executive Director is hereby authorized and directed to execute a construction contract (Attached as Exhibit A) for said project on behalf of the Town in an amount not to exceed $11,642,976. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders as necessary in an amount not to exceed $2,000,000. PASSED AND ADOPTED at a regular meeting of the Town Cotulcil/12edevelopment Agency of the Town of Los Gatos, California, held on the 7`" day of June, 2010 by the following vote: COUNCIL/AGENCY MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR/CHAIR OF THE REDEVELOPMENT AGENCY LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR/SECRETARY OF THE REDEVELOPMENT AGENCY LOS GATOS, CALIFORNIA EXIIIBIT A CONTRACT This Agreement is dated for identification this 7th day of June, 2010, and is made by and between the TOWN OF LOS GATOS, a California municipal corporation, whose address is 110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and BOGARD CONSTRUCTION INC., whose address is 350-A Coral Street, Santa Cruz, California 95060 (hereinafter "CONTRACTOR"). NOW, THEREFORE, the parties agree: ARTICE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said TOWN, and under the conditions expressed in the two bonds hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost and expense, to do all the work and furnish all the materials and equipment necessary to construct and complete, in accordance with the plans and specifications hereinafter mentioned, in a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or his, of the TOWN OF LOS GATOS, California, all the works and improvements described, mentioned and set forth in those plans and specifications on file in the Office of the Parks and Public Works of said TOWN, entitled: "Plans and Specifications for LOS GATOS LIBRARY PROJECT" which said plans and specifications and all the documents therein contained, including the TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such reference made part of this contract. ARTICLE II: CONTRACTOR'S ACCEPTANCE CONTRACTOR agrees to receive and accept the prices shown on Exlibit "A," which is attached hereto and incorporated by reference herewith, as full compensation for furnishing all materials and equipment and for doing all the work described in the contract documents; also for all loss or damage as provided in the contract documents hr the prosecution of the work until its acceptance by the Town Council of the TO~iJN OF LOS GATOS, and for well and. faithfully completing the work, and the whole thereof, in the manner and according to the contract documents, plans and specifications, and the requirements of the Tov,~n Engineer. ARTICLE HL ACCEPTANCE BY TOWN The said TOWN hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and condifions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions -above set forth; and the said parties for themselves their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV: COMPLETION OF AGREEMENT Reference is made to Section B.3 of the TOWN's Bid Forrn and wlrich are hereby made a part of this contract. Inasmuch as the work called for under this contract concerns a needed public improvement, the time of performance and completion of this work is of the essence of this contract. It is expressly mrderstood and agreed by the parties hereto that all the work called for under this contract, in all its parts and requirements, shall be completed before November 4, 2011. ARTICLE V: HOURS OF LABOR The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25) for each workman employed in the execution of the contract by hhn or by any subcontractor for each calendar day during which any worlnnan is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and all amendments thereto. ARTICLE VI: APPRENTICES Attention is directed to the provisions hi Sections 1777.5, 1777.6 and 1777.7 of the Labor Code govenung the employment of apprentices by the CONTRACTOR or any subcontractor under him. CONTRACTOR and any of his subcontractors shall comply with the requirements of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance with the said sections regardless of any other contractual or employment relationships alleged to exist. Information relative to apprenticeship standards and other requirements maybe obtained from the Director of hidustrial Relations ex officio the Adrrunistrator of Apprenticeship, San Francisco, Califonua or from the Division of Apprenticeship Standards at its branch offices. ARTICLE VII: NONDISCRIMINATION The CONTRACTOR subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the tennnlation of this contact or such other remedy as recipient deems appropriate. ARTICLE VIIL• INDEPENDENT CONTRACTOR It is agreed that CONTRACTOR is an independent contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants or employees of TOWN. ARTICLE IX: O«'NERSHIP OF DATA AND DOCUMENTS CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics, writings, recordings and other tangible materials regardless of form or format, including, without limitation, electronically transmitted documents and ACRD files, and other collateral materials collected, compiled, drafted, prepared, produced and/or generated in the performance of this Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such documents to TOWN upon TOWN's request. In the event that this Agreement is terminated prior to completion of the scope of work, CONTRACTOR shall provide all such data and docmnents to TOWN forthwith. ARTICLE X: INSURANCE a. Commercial General Liability/Automobile Liability Insurance: CONTRACTOR shall obtain and maintaui Commercial General Liability insurance and Automobile Liability insurance hi the amount of One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. CONTRACTOR'S insurance coverage shall be written on an occurrence basis. b. Workers' Compensafion Insurance: CONTRACTOR shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance in the amount of One Million Dollars ($1,000,000) per accident. CONTRACTOR is familiar with the Workers' Compensation laws of California (generally contained in Section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry Workers' Compensation uisurance, and CONTRACTOR maintains they are exempted under the law from the requirement to maintain Workers' Compensation insurance coverage. 3 In addition, during the teen of any work for TOWN under said agreement: (1) CONTRACTOR will not employ any person in any mamier so as to become subject to the Workers' Compensation laws of California, or (2) should CONTRACTOR become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code for any reason, CONTRACTOR shall forthwith comply with those provisions and send evidence of financial compliance to TOWN. c. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to TOWN. d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be received and approved by TOWN before work commences, and insurance must be in effect for the duration of the contract. The absence of insurance or a reduction of stated limits shall cause all work on the project to cease. Any delays shall not increase costs to TOWN or increase the duration of the project. e. Other Insurance Provisions: (1) The TOWN OF LOS GATOS, its officers, officials, employees and volunteers are to be covered as additional insured by Endorsement CG 20 10 11 85 or other endorsement approved by Town Attorney for Commercial General and Automobile Liability coverage. (2) For any claims related to this project, CONTRACTOR's insurance coverage shall be primary and any insurance or self-insurance maintained by TOWN, its officers, officials, employees and volunteers shall not contribute to it. (3) Each insurance policy required shall be endorsed that a thirty (30) day notice be given to TOWN in the event of cancellation or modification to the stipulated insurance coverage. (4) hi the event CONTRACTOR employs subcontractors as part'of the work covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that all subcontractors comply with the same insurance requirements that are stated in this Agreement. (5) Approval of the insurance by TOWN or acceptance of the Certificate of hisurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be held responsible for pa}nnent of damages resulting fi-om CONTRACTOR'S services or operation pursuant to this Agreement, nor shall it be deemed a waiver of TOWN'S rights to insurance coverage hereunder. (6) If, for any reason, CONTRACTOR fails to maintain insurance coverage that is required pursuant to this contract, the same shall be deemed a material breach of contract. TOWN, at its sole option, may terminate this contract and obtain damages from 4 CONTRACTOR resulting from said breach. Alternately, TOWN may purchase such required insurance coverage, and without further notice to CONTRACTOR, TOWN may deduct from sums due to CONTRACTOR any premium costs advanced by TOWN for such insurance. ARTICLE XI: HOLD HARMLESS CONTRACTOR hereby agrees to and shall hold TOWN, its elective and appointive boards, commissions, officers, agents, registered volunteers, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage and any other claims of any sort whatsoever, including, but not limited to, any liabilities, claims, losses, or expenses in any manner caused by, arising out of, or in connection with, either directly or indirectly, the construction or installation of the work, the guarding of the work, the use of improper materials in construction of the work, or the negligent, willful, or intentional acts or omissions by CONTRACTOR or CONTRACTOR'S subcontractors, agents, or employee operations under this Agreement, whether such operations by CONTRACTOR or by any of CONTRACTOR's subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for CONTRACTOR or any of CONTRACTOR'S subcontractors during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONTRACTOR for default of this Agreement or arising from the sole active negligence or willful misconduct of the TOWN. The Town Council may retain so much of the money due to the CONTRACTOR as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or claims for damages as aforesaid. CONTRACTOR agrees to and shall pay TOWN'S cast of defense (or, at the sole option of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, and employees from any suits or actions at law or in equity arising out of the execution, adoption or hnplementation of this Agreement (exclusive of any such actions brought by CONTRACTOR), such indemnification to include all costs of defense, judgments, and any awards of attorneys' fees. Should any accident or incident causing death, personal injury or property dunage occur between the date CONTRACTOR is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, CONTRACTOR'S obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no matmer be affected by the fact that the TOWN had not received the notice of cancellation prior to the date of such accident or incident. ARTICLE XII: BONDING REQUIREA'IENT CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for Labor and Materials, or other guarantees, in the required amounts upon bond fortes provided by the TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds for CONTRACTOR shall be approved by the U.S. Department of Treasury's .Financial 5 Management Service and shall be listed on the most current Treasury Circular 570 as contaiied in the Federal Register. ARTICLE XIII: MAINTENANCE AND GUARANTY CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a one (1) year period subsequent to the date of final acceptance. This article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period, nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied warranties. CONTRACTOR shall famish. the TOWN all appropriate guaranties or warranty certificates upon completion of the project. ARTICLE XIV: SHORING FOR TRENCHES If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or greater for trenching, and if the depth of the bench is five feet (5') or more, then Section 6705 of the Labor Code shall also be applicable. ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES This Agreement shall be conshrred and enforced pursuant to the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on comparable fees of private attorneys practicing in Santa Clara County. ARTICLE XVI: INTERPRETATION OF CONTRACT It is further expressly agreed by and between the parties hereto that should there be any conflict between the teens of this inshument and the bid or proposal of said CONTRACTOR, then this instrument shall control and notling herein shall be considered as an acceptance of the said teens of said proposal conflicting herewith. ARTICLE XVII: AMENDMENTS AND CHANGE ORDERS This Agreement maybe amended from time to time as necessary by formal and written amendment or authorized change order executed by the Town Manager or designee and principal acting on behalf of the CONTRACTOR. 6 ARTICLE XVIII: DBE RESPONSIBILITIES For projects that are State or Federal funding; With respect to Disadvantaged Business Enterprises, CONTRACTOR shall do the following: (1) Pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime contractor receives from TOWN. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors. (2) Release all retainage owed to a subcontractor for satisfactory completion of the accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors. ARTICLE XIX: PREVAILING RAGES Reference is hereby made to copies of the general rate of per diem wages as deteniuned by the Director of the Department of Industrial Relations on file in the Department of Parks and Public Works, TOWN OF LOS GATOS; Town Hall, which are available to any interested party. For failure to pay the prevailing wages, the CONTRACTOR shall forfeit, as a penalty, to the TOWN, Fifty Dollars ($50) for each workman for each calendar day or portion thereof who is paid less than the stipulated prevailing wage for work done under this contract, in violation of the provisions of the Labor Code, Sections 1770 to 1780, inclusive. In addition to said penalty, the CONTRACTOR, or subcontractor, shall pay to each worker the difference between the prevailing wage and the amount paid to said worker for each calendar day for which said worker was paid less then the prevailing wage. CONTRACTOR shall comply with the provisions of the Davis-Bacon Act, as amended (40 USC 276x-376a-5), and related requirements as certified in CONTRACTOR's bid proposal. ARTICLE XX: ENTIRE AGREElVIENT This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representafions, agreements or wrderstandings (whether oral or written) between or ainong the parties relating to the subject matter of this Ag~eement which are not fully expressed herein. ARTICLE XXI: PUBLIC RECORDS The parties recognize and acknowledge that TOWN is subject to the Califonua Public Records Act, Califonua Govermnent Code Section 6250 and following. Public records are subject to disclosure. 7 ARTICLE XXII: NOTICES Any notice required to be given to CONTRACTOR shall be deemed to be duly and properly given if mailed to CONTRACTOR, postage prepaid, addressed to: BOGARD CONSTRUCTION INC. 350-A Coral Street Santa Cruz, California 95060 or personally delivered to CONTRACTOR at such address or at such other addresses as CONTRACTOR may designate in writing to TOWN. Any notice required to be given TOWN shall be deemed to be duly and properly given if mailed to TOWN, postage prepaid, addressed to: Kevin Rohani, P.E. Town Engineer TOWN OF LOS GATOS 41 Miles Avenue Los Gatos, California 95031 or personally delivered to TOWN at such address or at such other addresses as TOWN may designate in writing to CONTRACTOR. ARTICLE XXIIL• SECTION 7106 FORM Attached to the Agreement is a fully executed and sworn non-collusion affidavit as required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated herein by this reference. 8 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first written above. APPROVED AS TO CONTENT: Parks and Public Works Director APPROVED AS TO FORM Town Attorney/General Cquncil CONTRACTOR: Name: Address: Tax ID No. or SSAN: "TOWN": TOWN OF LOS GATOS By: Town Manager/Executive Director Attest: Clerk Administrator and Secretary of the Redevelopment Agency By: Title: By: Title: Corporate Seal 9 CONTRACTOR'S BOND FOR LABOR AND D~IATERIAL KNOW ALL MEN BY THESE PRESENTS: That as Principal, and incorporated under the laws of the State of and authorized to execute bonds and undertakings as Surety, are held and firmly bound unto any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting implements or machinery, or hiring crews, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the contractor, company, or corporations in the just and full sum of Dollars ($ ), for the payrnent whereof, well and hlxly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally firmly by these presents. The condition of the foregoing obligation is such that; WHEREAS, the above-bounden Principal has entered into a certain contract attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following. work; to wit: as required by the plans and specifications, pursuant to the award made to said contractor by the Council of the TOWN OF LOS GATOS, on , as will more fully appear by reference to the minutes of said Council of said TOWN of said date. NOW, THEREFORE, if the above-boruidenPrincipal, contractor, person, company, or corporation, or Iris agent, or the subcontractors, fails to pay for any raterials, provisions, provender, or other supplies, or crews used ul, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of arty kind, or for amounts due under the Unemployment Insurarrce Act with respect to such work or labor, or for any amount required to be deducted, withheld, and paid over to Franchise Tax Board, from the wages of employees of the contractor or subcontractor, pursuant to Section 18806 of the Revenue and Tax Code, then the Surety of this bond will also pay the same ui an amount not exceeding the sum specified in the bond; and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailirig party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the teens of the agreement or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligation on this bond and it 10 does hereby waive notice of any such change, extension of tune, alteration or addition to the teens of the agreement or to the work or to the specifications. This bond is executed and filed to comply with the provisions of Sections 3247, et seq., of the Civil Code. Signed and sealed this day of , 2010. BY: BY: CONTRACTOR (CORPORATE SEAL) SURETY (Address and Phone No.) (SURETY SEAL) 11 The amount of the within obligation is hereby fixed by the TOWN Council in the sum of Dollars ($ ), that sum being more than fifty percent (50%) of the contract price, is by said TOWN Council deemed adequate, and is the sum fixed by it for that purpose and the TOWN Manager is hereby authorized to approve said bond. APPROVED AS TO FORM: Town Attorney ATTEST: Clerk Administrator Town Manager 12 CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That as Principal, and incorporated under the laws of the State of ,and authorized to execute bonds and undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a municipal corporation of the State of Califorua, in the sum of Dollars ($ ), for payment whereof, well and holy to be made, said Principal and Surety bind themselves, their administrators, successors and assigns; jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, the above-bounden Principal has entered into a certain conhact attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perfonrr the follownig work; to wit: as required by the plans and specifications, pursuant to the award made to said contractor by the Council of the TOWN OF LOS GATOS, on , as will more fully appear by reference to the mi,rutes of said Council of said date. The surety hereby stipulates and agrees that no change, extension of tone, alterafion or addition to the terms of the agreement or to the work to be performed thereunder or to the specifications accompanying the carne shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. NOW, THEREFORE; if the above-bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; othen~~ise, to remain in full force and effect. 13 Signed and sealed this day of , 2010. BY: CONTRACTOR (CORPORATE SEAL) BY: SURETY (Address and Phone No.) (SURETY SEAL) 14 The amount of the within obligation is hereby fixed by the TOWN Council in the sum of Dollars ($ ), that sum being more than one hundred percent (100%) of the contract price, is by said TOWN Council deemed sufficient and adequate, and is the sum fixed by it for that purpose. APPROVED AS TO FORM: Town Attorney ATTEST: Clerk Administrator Town Manager 15 Y d ~..) 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