06 Anvil First Amendment with Attachments
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/18/2025 ITEM NO: 6
DATE: February 13, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute the First Amendment to a Contract
with Anvil Builders, Inc. dba Sonoma Tree Surgery to Extend the Term of
Performance to September 30, 2027 for Vegetation Management –
Townwide Open Spaces Project (CIP No. 832-4508)
RECOMMENDATION:
Authorize the Town Manager to execute the First Amendment (Attachment 1) to a Contract
with Anvil Builders, Inc. dba Sonoma Tree Surgery to extend the term of performance to
September 30, 2027 for Vegetation Management – Townwide Open Spaces Project (CIP No.
832-4508).
BACKGROUND:
On October 15, 2024, the Town Council authorized the Town Manager to execute an agreement
with Anvil in the amount of $1,513,712.00. Through this contract, Anvil will perform wildfire
risk reduction work in the Town-owned properties of La Rinconada Park, Worcester Park,
Novitiate Park, Heintz Open Space, and Santa Rosa Open Space. The work will be funded
through a Hazard Mitigation Grant from the Federal Emergency Management Agency (FEMA)
and required Town of Los Gatos matching funds.
DISCUSSION:
In the executed contract, the performance term was set at 150 days from the Notice to
Proceed. This does not allow adequate time for the completion of the two years of
maintenance that is required per the contract. This amendment corrects the time of
performance to September 30, 2027 to appropriately reflect the scope of work.
PAGE 2 OF 3 SUBJECT: Open Space Vegetation Management – Townwide Open Spaces (CIP No. 832-4508) Contract Modifications – Anvil Builders, Inc. DATE: February 13, 2025
Termination of this agreement is defined by Article 13 of the General Conditions included in the
Bid Documents for the project. Article 13 reads, in part:
Suspension for Convenience. Town reserves the right to suspend, delay, or
interrupt the performance of the Work in whole or in part, for a period of time
determined to be appropriate for Town’s convenience. Upon notice by Town
pursuant to this provision, Contractor must immediately suspend, delay, or
interrupt the Work and secure the Project site as directed by Town except for
taking measures to protect completed or in-progress…
And
Termination for Convenience. Town reserves the right, acting in its sole
discretion, to terminate all or part of the Contract for convenience upon written
notice to Contractor…
In the event that federal funding is rescinded or delayed, these provisions would provide the
opportunity for the Town to delay or terminate the work.
CONCLUSION:
The proposed action will match the contract period to the scope of work requested.
COORDINATION:
This report was coordinated with the Town Attorney, the Finance Director, and Anvil Builders,
Inc. dba Sonoma Tree Surgery.
PAGE 3 OF 3 SUBJECT: Open Space Vegetation Management – Townwide Open Spaces (CIP No. 832-4508) Contract Modifications – Anvil Builders, Inc. DATE: February 13, 2025
FISCAL IMPACT:
There are no fiscal impacts associated with this action. The fiscal report presented below is
consistent with the October 15, 2024 staff report.
Vegetation Management - Town-wide
CIP No. 832-4508
Budget Costs
Phase 2 - Source of Funds
GFAR $ 530,448
FEMA Hazard Mitigation Grant $ 1,627,320
Total Budget $ 2,157,768
Costs
Phase 2 - Expenditures
Previously Authorized Consultant Services Agreement with
Sequoia Ecological Consulting $ 231,355
Previously Authorized Contractor Services for Vegetation
Management (10/15/24 TC Meeting) $ 1,513,712
Previously Authorized Contractor Services 20% Contingency
for Vegetation Management (10/15/24 TC Meeting) $ 302,742
Total Expenditures $ 2,047,809
Total Project Balance $ 109,958
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA and is covered by the Towns Project Specific Analysis
(PSA) filed with CAL FIRE in Sacramento.
Attachments:
1. First Amendment to Contract with Anvil Builders, Inc. dba Sonoma Tree Surgery
Page 1 of 2
First Amendment to Contract
Anvil Builders dba Atlas Sonoma Tree Surgery
AMENDMENT TO CONTRACT
This First Amendment is dated for identification this 18th day of February 2025, and amends that certain Contract dated 24th of October 2024, made by and between the Town of Los Gatos, ("Town,") and the Anvil Builders dba Atlas Sonoma Tree Surgery (“Contractor”) identified as an S Corporation and whose address is 1550 Park Avenue, Emeryville, CA 94608.
RECITALS
A.Town and Contractor entered into Contract on October 24, 2024, (“Agreement”), a copy
of which is attached hereto and incorporated by reference as Exhibit A to this
Amendment.
B.Town desires to amend the Agreement to provide Town desires to amend the Contract
to extend the term to allow for execution of the two-year maintenance term.
AMENDMENT
1.Section 5. Time for Completion is amended to read as follows:
Contractor will fully complete the Work for the Project, meeting all the requirements for
Final Completion, by September 30, 2027.
2.All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
Page 2 of 2
First Amendment to Contract
Anvil Builders dba Atlas Sonoma Tree Surgery
IN WITNESS WHEREOF, the Town and Contractor have executed this Amendment.
Town of Los Gatos: Anvil Builders dba Atlas Sonoma Tree Surgery by:
_______________________________ ______________________________
Chris Constantin, Town Manager Alan Guy, President
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453AEXHIBIT A
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Docusign Envelope ID: 31F26671-E067-4A7B-9C20-AD32B8BD453A10/24/202410/24/202410/25/2024