2011032101 - Project 11-10 Energy Efficient Lightingt pW N OF
a C s COUNCIL AGENDA REPORT
Og � ASp
DATE: MARCH 14, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 3/21/11
ITEM NO: 1
SUBJECT: PPW JOB NO. 11 -10 —ENERGY EFFICIENT LIGHTING PROJECT
A. AUTHORIZE THE TOWN MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH REPUBLIC ITS INC. IN AN
AMOUNT NOT TO EXCEED $128,780.
B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO
THE CONSTRUCTION CONTRACT AS NECESSARY IN AN
AMOUNT NOT TO EXCEED $10,000.
RECOMMENDATION
1. Authorize the Town Manager to execute a construction contract with Republic ITS Inc. in
an amount not to exceed $128,780.
2. Authorize staff to execute future change orders to the construction contract as necessary in
an amount not to exceed $10,000.
BACKGROUND
In November 2009, the Town Council adopted a resolution authorizing the Town of Los Gatos to
apply for federal stimulus funding through the Energy Efficiency Conservation Block Grant
(EECBG) program and accept funds if awarded. These funds were available to municipalities
through a federal grant agreement with the U.S. Department of Energy, and were intended to
help fund energy efficiency projects. Parking lot lighting was selected as a potential energy
retrofit project, and staff applied for grant funding in January 2010.
Fiz ( "
PREPARED BY : TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Jr`2f Assistant Town Mai
Clerk Administrator
Attorney
_Community Development
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Acceptance Report.doex
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MARCH 14, 2011
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 11 -10 —ENERGY EFFICIENT LI GHTING PROJECT
BACKGROUND (cont'd
In September 2010, the Town was awarded a grant from EECBG in the amount of $162,712.
Staff has been working with the California Energy Commission to select energy efficient lighting
options suitable for municipal parking lots and playgrounds areas across the Town. A total of
176 energy efficient lighting fixtures and bulbs will be installed in 16 different Town -owned
parking lots and parks. These lighting upgrades are estimated to save the Town over 56,000
kilowatt hours of power per year, resulting in an annual savings of approximately $7,000 in
energy costs.
The adopted Capital Improvement Program designates funding for improvement projects for the
community and is consistent with the Town's goals to improve public safety and the quality of
Town streets. The FY 2010/11 Capital Budget designates funding in the amount of $162,712 for
the completion of these improvements.
DISCUSSION
At the February 7, 2011 Town Council meeting, the Council approved plans and specifications
for this project and authorized staff to advertise the project for bids.
Staff solicited bids for this project, and on March 9, 2011, four bids were received as follows
(see Bid Summary - Attachment 2):
• Republic ITS, Inc. $128,780
• Smallman Electric Co. $161,358.87
• A &L Electric Co. $166,146
• Triad Electric Inc. $187,650
After review and tabulation of the bid results, staff has determined that Republic ITS Inc. is a
responsible entity and that its bid is most responsive to the Town's formal bid process.
CONCLUSION
Staff recommends that the Town Council authorize the Town Manager to execute a construction
contract (Attachment 1) in an amount not to exceed $128,780. Additionally, due to the variables
associated with this particular type of construction, it is further recommended that the Town
Council authorize staff to execute future change orders to the construction contract as necessary
in an amount not to exceed $10,000 for additional quantities of work that may exceed those
included in the contract.
ENVIRONMENTAL ASSESSMENT
This is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A
Notice of Exemption will not be filed.
PAGE 3
MARCH 14, 2011
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. 11-10—ENERGY EFFICIENT LIGHTING PROJECT
FISCAL IMPACT
There are sufficient funds for this project as demonstrated in the table below.
Available
Expended/
Proposed
Budget
Encumbered
Contract
FY2010 /11 MscalImpact Funding
To Date
Amount
421 -821 -2004 $ 162.712
$ -
$ 138.780
TOTALS $ 162,712 $ - $ 138,780 421031
Construction $ 128,780
Contingency 10,000
TOTALS $ 138,780
Attachments:
1. Construction Agreement
2. Bid Summary
THIS PAGE
INTENTI
LEFT BLANK
ATTACHMENT
CONSTRUCTION AGREEMENT
This Agreement is dated for identification this _day of , 2011, 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 REPUBLIC ITS
INC., whose address is 371 Bel Marin Keys Blvd., Suite 200, Novato, CA 94949. (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
ENERGY EFFICIENT LIGHTING 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.
In addition, materials /equipment to be used in the lighting retrofit must be purchased
using the American Recovery and Reinvestment Act (ARRA) Buy American Provisions. The
Buy American Provisions state that the production or manufacturing facility (substantial
transformation) must be physically located in the United States or its Territories. All of the iron,
steel and manufactured goods used in the project are to be produced or manufactured in the
United States.
ARTICLE IL• 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
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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.
ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Section B.3 of the TOWN's Bid Form and 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 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 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.
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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
cant' 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 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.
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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.
G. Acceptability of Insurers Insurance is to be placed with insurers with a current
Best Raling of A:VII utiless otherwise acceptable to TOWN.
d. Verification of Coverage hisurance, 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 1185 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) 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
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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.
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.
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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.
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 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: 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.
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ARTICLE XVH: 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 XVHI: 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 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 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 276a- 376a -5), and related requirements as certified in CONTRACTOR's bid proposal.
ARTICLE XX: 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
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or written) between or among the parties relating to the subject matter of this Agreement which
are not fully expressed herein.
ARTICLE XXI: 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 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:
Republic ITS Inc.
371 Bel Marin Keys Blvd., Suite 200
Novato, CA 94949
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:
Christy Wolter
Parks and Facilities Superintendent
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 XXIII: 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.
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date first written above.
APPROVED AS TO CONTENT:
Todd Capurso
Parks and Public Works Director
APPROVED AS TO FORM
Judith Propp, Town Attorney
CONTRACTOR:
Name:
Address:
"TOWN":
TOWN OF LOS GATOS
IN
Greg Larson, Town Manager
Attest:
Clerk Administrator and Secretary of the
Redevelopment Agency
By: _
Title:
By: _
Title:
Corporate Seal
Tax ID No. or SSAN
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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:
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 - 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
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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 seg.,
of the Civil Code.
Signed and sealed this
day of
W11"
C
CONTRACTOR
(CORPORATE SEAL)
I'M
SURETY (Address and Phone No.)
(SURETY SEAL)
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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:
Judith Propp, Town Attorney
ATTEST:
Jackie Rose, Clerk Administrator Greg Larson, Town Manager
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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:
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 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.
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Signed and sealed this day of 1 2010.
FOM
CONTRACTOR
C
SURETY (Address and Phone No.)
(CORPORATE SEAL)
(SURETY SEAL)
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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:
Judith J. Propp, Town Attorney
ATTEST:
Town Manager
N :TPWIMANAGEMENT\COUNCILWOUNCIL REPORTS\2011 Rcports\March 21\1 1 -10 Energy Efficient Lighting.ConstrAgrmt.docx
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