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Staff ReportPREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Assistant Town Manager Town Attorney Finance MEETING DATE: 10/04/16 ITEM NO: 2 COUNCIL AGENDA REPORT DATE: SEPTEMBER 21, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: AUTHORIZE THE TOWN MANAGER TO AWARD AND EXECUTE A CONSTRUCTION AGREEMENT WITH CALIFORNIA ROOFING CO., INC. IN AN AMOUNT NOT TO EXCEED $59,019, PLUS A FIFTEEN PERCENT CONTINGENCY FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $67,872 FOR THE CIVIC CENTER MUSEUM ROOF IMPROVEMENTS PROJECT 821-2109 RECOMMENDATION: Authorize the Town Manager to award and execute a construction agreement (Attachment 1) with California Roofing Co., Inc. in an amount not to exceed $59,019, plus a fifteen percent contingency for a total contract amount not to exceed $67,872 for the Civic Center Museum Roof Improvements Project 821-2109. BACKGROUND: The adopted FY 2016/17-2020/21 Capital Improvement Program (CIP) Budget designates funding to replace the roof membrane over the museum wing of the Civic Center. In 2002, re-roof projects were completed over the Town Manager and Police wings of the Civic Center. The old library wing sat vacant for several years and recently has had a capital improvement project completed to convert the wing into leased space for the New Museum of Los Gatos (NUMU). The existing roof over this section of the Civic Center is at least 25 years old and has reached the end of its serviceable life. The roof has had several leaks over the past two rainy seasons, further defining the need for a new roof. DISCUSSION: A Request for Proposals was issued on August 22, 2016, which included a base bid item for complete re-roofing of the new museum wing of the Civic Center and one additive alternate bid item for adding a 2 inch curb to the perimeter of the roof. On September 7, 2016, three bids were received from California Roofing Co. Inc., Waterproof Associates, and Southwest Construction. The bid summary is included as Attachment 2. PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO AWARD AND EXECUTE A CONSTRUCTION AGREEMENT WITH CALIFORNIA ROOFING CO., INC. IN AN AMOUNT NOT TO EXCEED $59,019, PLUS A FIFTEEN PERCENT CONTINGENCY FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $67,872 FOR THE CIVIC CENTER MUSEUM ROOF IMPROVEMENTS PROJECT 821-2109 SEPTEMBER 21, 2016 DISCUSSION (cont’d): All three bids were deemed responsive and staff is recommending award to the low bidder, California Roofing, Co. Inc. CONCLUSION: Staff recommends that the Town Council authorize the Town Manager to award and execute a construction agreement with California Roofing Co., Inc. in an amount not to exceed $59,019, plus a fifteen percent contingency for a total contract amount not to exceed $67,872 for the Civic Center Museum Roof Improvements 821-2109. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA and is categorically exempt [Section 15301(a) Existing Facilities: Interior or exterior alterations]. FISCAL IMPACT: Funding for this project will come from the Former Library Building Roof Improvements 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 FY 2016/17 Fiscal Impact FY 2016/17 FY 2016/17 Balance Cost Former Library Building Roof Improvements $90,000 $0 $90,000 $67,872 TOTALS $90,000 $0 $90,000 $67,872 Former Library Building Roof Improvements PROJECT 821-2109 1 CALIFORNIA ROOFING CO., INC. – CIVIC CENTER MUSEUM ROOF IMPROVEMENTS 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 CALIFORNIA ROOFING CO., INC., whose address is 1595 S. Tenth Street, San Jose, CA 95112 (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 Request for Proposal on file in the Office of the Parks and Public Works of said TOWN, entitled: Civic Center Museum Roof Improvements 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 amount of $59,019 as 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 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. 2 CALIFORNIA ROOFING CO., INC. – CIVIC CENTER MUSEUM ROOF IMPROVEMENTS 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. 3 CALIFORNIA ROOFING CO., INC. – CIVIC CENTER MUSEUM ROOF IMPROVEMENTS 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. 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. 4 CALIFORNIA ROOFING CO., INC. – CIVIC CENTER MUSEUM ROOF IMPROVEMENTS 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) 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 b e 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 5 CALIFORNIA ROOFING CO., INC. – CIVIC CENTER MUSEUM ROOF IMPROVEMENTS in connection with, either directly or indirectly, the construction or installation of t he 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. 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 6 CALIFORNIA ROOFING CO., INC. – CIVIC CENTER MUSEUM ROOF IMPROVEMENTS 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 calendar day such delay in completion of the services under this Agreement continues beyond last working date. In the event that the liquidated damages are not paid, CONTRACTOR agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to CONTRACTOR under this Agreement. ARTICLE XVII: INTERPRETATION OF CONTRACT It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 7 CALIFORNIA ROOFING CO., INC. – CIVIC CENTER MUSEUM ROOF IMPROVEMENTS 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 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 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. 8 CALIFORNIA ROOFING CO., INC. – CIVIC CENTER MUSEUM ROOF IMPROVEMENTS 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: CALIFORNIA ROOFING CO., INC. 1595 S. TENTH STREET SAN JOSE, CA 95112 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: Jim Harbin 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. 9 CALIFORNIA ROOFING CO., INC. – CIVIC CENTER MUSEUM ROOF IMPROVEMENTS 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. 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: Civic Center Museum Roof Improvements 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, provisions, provender, or other supplies, or crews used in, upon, for, or about the perfor- mance 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 su bcontractor, 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 tim e, 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 Fifty Nine Thousand Nineteen Dollars ($59,019.00), that sum being one hundred percent (100%) of the contract price, is by said TOWN Council deemed adequate, and is the sum fixed by it for that purpose and the TOWN Manager is hereby authorized to approve said bond. APPROVED AS TO FORM: _____________________________ ________________________________ Robert Schultz, Town Attorney Laurel Prevetti, Town Manager ATTEST: _____________________________ Shelley Neis, Clerk Administrator CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and ______________________________________________________________________, incorporated under the laws of the State of _______________, and authorized to execute bonds and undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a municipal corporation of the State of California, in the sum of __________________ Dollars ($_________), 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: Civic Center Museum Roof Improvements 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 Fifty Nine Thousand Nineteen Dollars ($59,019.00), 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 Same family ownership and management since 7937 PROPOSAL CO TRACT No, DC J S9S Date: September 7, 2016 To: Town of Los Gatos Parks & Public Works Department 41 Miles Avenue Los Gatos, CA 95030 Attn: Mr. Jeremiah George Re: Civic Center Museum Roof Improvements 110 E Main Street Los Gatos, CA Dear Mr. George: After inspecting the above referenced property, I am pleased to propose the following: Remove metal coping and built-up roofing to top layer of insulation and properly dispose of. Inspect existing insulation for deterioration. Any defective panels and any found will be replace at an additional cost. The price shall be adjusted after size of insulation is verified. All defective panels will be stacked to one side for Owner or their Agent's inspection then removed from the jobsite. Install GAF specification RIO3GP6 which consist of the following,, Install one layer of V; EnergyGuard perlite insulation set in hot asphalt. Over perlite insulation install three layers of GAFGLAS Flex Ply VI fiberglass ply sheet and ASTM 1863 gravel in hot asphalt. Base flashing to receive two ply's of GAFGLAS Flex Ply VI fiberglass ply sheet and one layer of GAF Ruberoid Mop Granule SBS flashing sheet set in hot asphalt. Install new vent fleshings and lead jacks. Lead jacks will be primed with asphalt primer on both sides, allowed to cure then set in a thick bed of modified flashing cement. Two additional layers of ply VI fiberglass ply sheet set in hot asphalt will then be applied. At top of parapet wall install new Standing Seam Metal cleated 24-gauge coping metal. ADO above for the net sum of: Fifty -Six Thousand IFught Hundred red Thiu1y-Rve and 00/100 Do9lars ($56,83 .00). Califomia Roofing Co Inc/ 1595 S. Tenth St / San Jose, CA 951121 Ph: 408- 293-7977 Fax 408-294-1013 / License # 174900 Same family ownership and management since 1931 Proposal DCESS9 110 E Main Page Two o Lt Alternate #1 finstalliation of 2x wood nailer at top of wall $2,1840.00 EInciusuorus GAF 20 Year NEIL September 7, 2016 Exclusions Responsibility for damages or disruption due to fumes associated with roofing work. Overtime and weekends. Mariffications ]ff re -roof permit is required, we woo[ add to cost of proposal Terms: Progress Billings issued by the end of the month due for payment by the 15"' of the following month. 100 % due upon completion. This proposal will be withdrawn if not accepted within -15- days. 100% Positive Drainage: Responsibility for precise 100% positive drainage is specifically excluded from our portion of work. David C. Moreno dmorenoacal-roof. Project Estimator/Project Manager Authorized Signature: Date: Califomia Roofing Co Inc/ 1595 S. Tenth St / San Jose, CA 95112 / Ph: 408- 293-7977 Fax 408-294-1013 / License # 174900 • Page 2 GAF AIS Architectural Information Services Cfly Centel Museum i[ 11© E. Mth SE-_peet Gaitus, CA 95©3© GAF® Project # 6830 TA t LE O7 CONTENTS Contractor Certification Letter Cut Spec Technical Data Sheets E2ergyC gar '" Perg e Recover to rd GAFCLAS® FllexPlynil6 22&ERQ{D+ Mop Granule Warranty We AerStoppe r Diamond E\§g ND£ Roof Guarantee Section II SectionS Scction Section ITV GAF Quality You Can Trust Since 1886... from North America's Largest Roofing Manufacturer September 7, 2016 California Roofmg Company Inc 1595 S 10th St San Jose, CA 95112 (408) 293-7977 Subject: Contractor Certification Civic Center Museum Roof Improvements To Whom It May Concern: This is to confirm that California Roofing Company Inc of San Jose, CA is a GAF Master Roofing Contractor for Single Ply, RUBEROID® and GAFGLAS Roofing Systems. California Roofing Company Inc is eligible to obtain a GAF Diamond Pledge (NDL) guarantee for up to 20 years provided that all current GAF application and specification requirements are met and procedures followed. 0 If you have any questions please call 1-800-766-3411. Thank you for choosing GAF. Sincerely, Jim Slauson Vice President, Certification Programs GAF GAF ft Quality You Can Trust Since 1886...From North America's Largest Roofing Manufacturer GMV-40216 Civic Center Museum Roof Improvements 110 E. Main Street Los Gatos, CA 95030 SPECIFICATION: RIO3GP6 AIS Arthirechooi information Services 9/7/1 6 COMPONENT TYPE REQUIRED ATTACHMENT RATE OF APPLICATION DECK Structural Concrete Per Code PARTIAL TEAR -OFF Remove Membrane leaving existing Perlite Remove and replace any wet and/or damaged areas. Remove and dispose all existing flashings. INSULATION 1/2" EnergyGuardTM Perlite Roof Insulation ASTM C-728 One (1) layer ASTM D312 Roofing Asphalt, Type III or IV 25 lbs. per 100 sq. ft (1.2 kg/m2) PLY SHEET GAFGLAS® FlexPlyTM 6 ASTM D-2178 Three (3) plies ASTM D312 Roofing Asphalt, Type III or IV 25 lbs. per 100 sq. ft (1.2 kg/m2) per ply SURFACING Gravel ASTM D-1863 Not less than 400 lbs. per square ASTM D312 Roofing Asphalt, Type III or IV 60 lbs. per 100 sq. ft (1.2 kg/m2) FLASHING MEMBRANE 3X66M GAFGLAS® FlexPlyTM 6 ASTM D-2178 Two (2) plies ASTM D312 Roofing Asphalt, Type IV 25 lbs. per 100 sq. ft (1.2 kg/m2) per ply RUBEROID® Mop Granule ASTM D-6164 One (1) ply ASTM D312 Roofing Asphalt, Type IV 25 lbs. per 100 sq. ft (1.2 kg/m2) GUARANTEE WeatherStopper® Diamond Pledge NDL Roof Guarantee Twenty (20) years GUARANTEE FEE IS APPLICABLE All GAF®, MWeld®, MatrixTM, MajorSeaE'M and Metalastic® accessories shal be used where applicable. This system shall be installed by a GAF® Master Contractor. Each roof has unique requirements. This specification is a graphic representation of products and their installation. To properly assess specific roofing needs, code compliance, system configurations and warranty eligibility, contact Contractor Services. Note: Your Area Field Services or Technical Services Managers are the only employees who can approve any deviation from GAF's published specification manual(s). Always review the appropriate Application & Specification Manual (EverGuard or GAF Asphaltic) before commencing this project, as the Manual may contain information that is important for a successful installation. This Cut Spec specification shall not waive, supersede or alter the requirements and recommendations found in the most current Application & Specification Manual(s) referenced above, printed technical bulletins or specific correspondence drafted for this project by the Area Field Services or Technical Services Manager. Architectural information Services ais(a)gaf.com 1-800-522-9224 EnergyGuard." Perlite Recover Board E ! RGYGUARDTM PERLE RECIVER B Description EnergyGuard" Perlite Recover Board is a heavier duty 1/2" thick perlite roof insulation board composed of expanded perlite, cellulose binders, and waterproofing agents. It is treated for surface retention of bitumen and available in 2' x 4' (0.6m x 1.2m) 4' x 4' (1.2m x 1.2m) and 4' x 8' (1.2m x 2.4m), with a nominal thickness of 1/2" (13mm). Uses • In reroofing as a base for a variety of membranes installed over failed or worn out roof systems. • As a top layer in two layer systems. • As an overlay board where an existing roof insulation is still functioning and should be retained. • Where a tear -off would create unwarranted risks to operations or materials in the building. • To separate a new membrane from a rough or irregular deck. • Properly installed, EnergyGuard" Perlite Recover Board roof insulation is suitable for use under built-up, modified bitumen and some single ply roofing systems. Advantages • Economical base for reroofing. • Protects new roofs from old roof problems. • Lower installed cost than tear -offs. • Dimensionally stable. • Environmentally friendly. The minimum recycled content is 25% by weight. Limitations • Old roofing systems must be thoroughly dried and secured before Recover Board is applied as a part of a new roof system. • Recover Board is not acceptable for applications where it will be directly exposed to continuous soaking or temperatures in excess of 250°F. • EnergyGuard" Perlite Recover Board should be stored dry and be protected from the elements. Once properly loaded at the job site, remove factory wraps and cover with a breathable tarp. • No more insulation should be applied than can be completely covered with finished roofing on the same day. • Do NOT use under fully adhered single ply systems or with direct torch application of modified bitumen. • Do NOT mechanically attach 1/2 inch recover board directly to steel decks. ARD Limitations (Continued) • If torch grade, modified bitumen roofing is to be installed over EnergyGuard" Perlite, a fiberglass base sheet MUST first be installed. • Do NOT mechanically attach 1/2 inch recover board directly to steel decks. Application Recover Board can be secured by mechanical fastening or hot asphalt. If the deck is non- nailable, strip mopping is recommended to allow for moisture pressure release. Solid mopping with asphalt should not be used for recover or retrofit applications. Refer to the application specifications in the current membrane manufacturer's Application and Specifications manual for proper installation procedures. WARNING: DO NOT EXPOSE TO OPEN FLAME OR EXCESSIVE HEAT. MAY SMOLDER IF IGNITED. IF IGNITED, EXTINGUISH COMPLETELY. ASTM Standard C728. UL, ULC Class A construction on combustible or non-combustible roof decks. Where UL, ULC labels are required, customer must order them in advance. FM for fire and wind resistance. For current approvals, see current Factory Mutual Approvals Guide. Complies with the Environmental Protection Agency Regulation 40 CFR Part 248, "Guideline for Federal Procurement of Building Insulation Products Containing Recovered Materials", as a recycled product approved for use on any project using federal funds. 11111...111.116 Thickness' "C" value R-Value (nominal) (Conductance) (Resistance) Inches mm BTU/(hron2°F) w/m2°C m2°C (hrlt2.'F)/BTU 0 0 13 0 a; z'3 023 132 Typical Physical Properties Value Test Method Water Absorption, % by Volume - 2 hours 3.5 max. ASTM C:209 Compression Resistance 5% Consolidation -psi (kPa) 35 (241) 10% Consolidation- psi (kPa) 50 (345) ASTM C165 Laminar Tensile Strength - psi (kPa) 4.9 (33.8) ASTM C209 Flexural Strength - psi (kPa) 60 (414) ASTM C203 Product Density - pcf (kg/me) 11-14 (176 - 224) ASTM C209 ASTM C209/ Linear Expansion 0 5% max ASTM D1037 l'1Note: Physical and thermal properties shown are based on data obtained under controlled laboratory conditions and are subject to normal manufacturing tolerances. LIMITED WARRANTY: GAF warrants that, at the time of delivery, the product shall conform to GAF's specifications. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER BY STATUTE, AT LAW OR IN EQUITY, EXPRESS 0R IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Recommendations made by GAF are believed to be reliable, but GAF makes no warranty of results to be obtained. BUYER'S SOLE AND EXCLUSIVE REMEDY, regardless of the theory on which a claim may be based, including, without limitation, negligence, contract, breach of warranty, strict product liability or misrepresentation, IS THE REPLACEMENT OF THIS PRODUCT. In NO event shalt GAF be liable for INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR OTHER SIMILAR PUNITIVE DAMAGES OF ANY KIND, INCLUDING DAMAGE TO THE INTERIOR OR EXTERIOR OF ANY BUILDING. ©2012 GAF 4/12 62 www:gaf.com • 1-800-ROOF-411 Mir GAFGLAS® [TM GAF MATERIALS F ply CORPORATION Description FlexPly'"6 is a premium -performing fiberglass Type VI roofing felt. Its revolutionary flexible design provides: • Maximum strength and stability • Improved conformance to underlying substrates • Ease of installation compared to typical Type VI felts • Long-term performance for peace of mind Uses FlexPly 6 should be specified as a ply felt in the construction of all premium quality built-up roofs, including: • System guarantees are available for up to 20 years. • Most GAF Composite Roof" systems • Also appropriate for use as a base sheet and in the construc- tion of flashing membranes. Advantages • Revolutionary flexible design — Rolls out easier and lays flatter, minimizing the danger of air pockets and trapped moisture during installation • Saves labor —Open pore design actively absorbs asphalt, installs faster than other Type VI felts Advantages (Continued) • Quality installation —Enhanced porosity encourages proper absorption of asphalt for long lasting system performance up to 20 years • Proprietary Micro Weave® Core —Provides superior tensile strength and dimensional stability, for greater resistance to splitting and cracking • Superior wind resistance — Selected systems have FMRC Class 1-180 rating • Highest fire rating— For use in UL, ULC Class A rated assemblies • Can be used in all climate zones Meets ASTM 02178, Type VI FM Approved ICC ESR#1274 Miami -Dade County Product Control Approval State of Florida Product Approval Texas Departrnent of Insurance UL/ULc Listed Roll Size 5 squares (531 gross sq.ft.) (49.3m2) Roll Length 161.8' (49.3m) Roll Width 39.375" (1.0m) Approx. Roll Weight 44 Ibs (20.0kg) ©2009 GAF Materials Corporation 01 /10 36 www.gaf.com • 1-800-ROOF-411 a.AcK RUBEROID® MOP GRANULE MEMBRANE Description RUBEROID® Mop Granule Membrane is a tough, resilient modified bitumen membrane manufactured to stringent GAF specifications. Its core is a strong, resilient non -woven polyester mat that is coated with flexible SBS polymer modified asphalt and is surfaced with mineral granules. Uses RUBEROID° Mop Granule Membrane is designed for new roof- ing and reroofing applications as well as the construction of flashings. RUBEROID® Mop Granule Membrane is also an ideal product for repairs of built-up roofing membranes or other modified bitumen systems. Advantages • Typical system guarantees available for up to 15 years; select system constructions available with up to 20-year guarantee coverage.* • Light weight —Installed roof designs weigh less than 2 pounds per square foot (9.8 kg/m2). • Durable —Specially formulated modified asphalt gives RUBEROID® Mop Granule Membrane lasting performance. • Resilient—RUBEROID® Mop Granule Membrane's polyester mat core allows it to resist splits and tears due to its pliability and elongation characteristics. Advantages (Continued) • RUBEROID® Mop Granule Membrane is backed by GAF, a company with over 125 years in the roofing business. • Available in granulated Black, White, Burnt Sienna Blend, Cedar Blend, Slate Blend, and Weathered Wood Blend. See applicable guarantee for complete coverage and restrictions. Meets ASTM D6164, Type I, Grade G FM Approved ICC ESR-1274 Miami -Dade County Product Control Approved State of Florida Approved Texas Department of Insurance UUULC Classified City of Los Angeles RR 25271 Roll Size 1 square (107.5 gross sq. ft.) (9.99 m2) Roll Length 32.56' (9.92 m) Roll Width 39.625" (1.0 m) Approx. Roll Weight 90 Ibs (41 kg) Product Thickness 0.140" (3.56 mm) This product meets or exceeds the following ASTM D6164, Type I, Grade G, minimum requirements: MINIM Tensile Strength C© 0°F (min), Ibf/in Elongation @ 0°F (min), % Low Temperature Flexibility (max), °F Tear Strength (min), lbf Dimensional Stability, (max) % Te6# moth: ASTM D5147 ASTM D5147 ASTM D5147 ASTM D5147 ASTM D5147 70 20 0 55 1 ©2015 GAF 7/15 26 gaf.com • 1-800-ROOF-411 RUBEROID®/GAFGLAS® 113 DIAMOND PLEDGE' NDL ROOF GUARANTEE GAF No. OWNER: PERIOD OF COVERAGE: YEARS NAME AND TYPE OF BUILDING: ADDRESS OF BUILDING: ROOF SPECIFICATION: AREA OF ROOF: SQUARES APPLIED BY: DATE OF COMPLETION: GUARANTEE EXPIRATION DATE: THE GUARANTEE/SOLE AND EXCLUSIVE REMEDY GAF guarantees to you, the owner of the building described above, that GAF will provide "Edge To Edge" protection by repairing leaks through the GAF roofing membrane, liquid -applied membrane or coating, base flashing, insulation, expansion joint covers, prefloshed accessories, and metol fleshings used by the controctor of record that meet SMACNA standards (the "GAF Roofing Materials") resulting from a manufacturing defect, ordinary weor and tear, or workmanship in applying the GAF Roofing Materials. There is no dollar limit on covered repairs. leaks caused by any non -GAF materials, such os the roof deck or non -GAF insulation, ore not covered. GUARANTEE PERIOD This guarantee ends on the expiration dote listed above. NOTE: Lexsuco" and uncoated M-Curb" fleshings are covered by this guarantee ONLY for the first ten years. OWNER RESPONSIBILITIES Notification of Leaks In the event of o leak through the GAF Roofing Materiels, you MUST make sure that GAF is notified directly about the leak, in writing, within 30 days by email (preferred) at guaranteeleok@gaf.com or by postal mail to GAF Guarantee Services, 1 Campus Drive, Parsippany, NJ 07054, or GAF will hove no responsibility for making repairs. NOTE: The roofing contractor is NOT an agent of GAF; notice to the roofing contractor is NOT notice to GAF. By notifying GAF, you authorize GAF to investigate the cause of the leak. If the investigation reveals that the leak is not covered by this guarantee, you agree to pay an investigation cost of $500. This guarantee will be cancelled if you fail to pay this cost within 30 days of receipt of an invoice for it. Preventative Maintenance and Repairs A. You must perform regular inspections and maintenance and keep records of this work. B. To keep this guarantee in effect, you must repair any conditions in the building structure or roofing system that are not covered bythis guarantee but that GAF concludes may be threatening the integrity of the GAF Roofing Materials. Any such repairs must be performed by a GAFcertifiedroofing contractor. Failure to make timely repairs may jeopardize guarantee coverage. C. You may make temporary repairs to minimize damage to the building or its contents in an emergency, of your sole expense. These repairs will not result in cancellation of the guarontee as long as they are reasonable and customary and do not result in permanent damage to the GAF Roofing Materials. D. Any equipment or material that impedes any inspection or repair must be removed at your expense so that GAF can perform inspections or repairs. EXCLUSIONS FROM COVERAGE (e.g., items that are not "ordinary wear and tear" or are beyond GAF's control) This guarantee does NOT cover conditions other thon leaks. This guarantee also does NOT cover leaks caused by any of the following: 1 1. Inadequate roof maintenance, that is, the failure to follow the Scheduled Maintenance Checklists provided with this guarantee (extra copies available by calling Guarantee Services at 1-800-ROOF-411j or the failure to repair owner responsibility items. 2. Unusual weather conditions or natural disasters including, but not limited to, winds in excess of 54 miles per hour, hail, floods, hurricanes, lightning, tornados, and earthquakes, unless specifically covered by an addendum to this guarantee. 3. Impact of foreign objects or physical damage caused by any intentional or negligent acts, occidents, misuse, obuse or the like. 4. Domage to the roof constructed of the GAF Roofing Materials due to: (al Movement, cracking, or other failure of the roof deck or building; (b) improper installation or foilure of any non -GAF insulation or moteriols; (c) condensation or infiltration of moisture through or around the walls, copings, building structure, or surrounding materiols except where high wall GAF waterproofing fleshings are installed; (dj chemical attack on the membrane, including, but not limited to, exposure to grease or oil; (e( the failure of wood nailers to remoin attached to the structure; (f) moisture migration from the building interior or any building component other than the GAF Roofing Moterials; (g( use of materials that are incompatible with the GAF Roofing Materials; or (h) architectural, engineering, or design defects or flaws. 5. Troffic of any noture on the roof unless using GAF walkways applied in occordance with GAF's published application instructions. 6. Blisters in the GAF Roofing Materiels that have not resulted in leaks unless (a) the blister is between the base sheet and insulation and o Stratovent® Perforated Venting Base Sheet is installed directly over isocyanurote insulation, or (b( the blister is in o seam and may affect the watertight integrity of the GAF Roofing Materiels. 7. Changes in the use of the building or any repairs, modificotions, or additions to the GAF Roofing Materiols after the roof is completed, unless approved in advance in writing by GAF. 8. Conditions that prevent positive drainage or result from ponding water. No representative, employee, or agent of GAF, or any other person, has the authority to assume any additional or other liability or responsibility for GAF, unless it is in writing and signed by an authorized GAF Field Services Manager or Director. GAF does not practice engineering or architecture. Neither the issuance of this guarantee, nor any review of the roof constructed of the GAF Roofing Materials (or the plans for the roof) by GAF shall constitute any warranty of such plans, specifications or construction or the suitability or code compliance of the GAF Roofing Moterials for any particular structure. NOTE: Any inspections mode by GAF ore limited to a surface inspection only, ore for GAF's sole benefit, and do not constitute o waiver or extension of any of the terms and conditions of this guarantee. This guarantee MAY BE SUSPENDED OR CANCELLED IF THE ROOF IS DAMAGED BY any cause listed above as AN EXCLUSION FROM COVERAGE that may affect the integriy or watertightness of the roof. TRANSFERABILITY You may transfer or assign this guarantee to a subsequent owner of this building for the remaining term only if: 1) the request is in writing to GAF at the address listed below within 60 days after ownership transfer; 2) you make any repairs to the GAF Roofing Materials or other roofing or building components that are identified by GAF after an inspection as necessary to preserve the integrity of the GAF Roofing Moterials; and 3) you pay on assignment fee of $500. This guarantee is NOT otherwise transferable or assignable by contract or operation of law, either directly or indirectly. UMITATION OF DAMAGES; MEDIATION; JURISDICTION; CHOICE OF LAW THIS GUARANTEE IS EXPRESSLY IN LIEU OF ANY OTHER GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and of any other obligations or liability of GAF, whether any claim against it is based upon negligence, breach of warranty, or any other theory. In NO event shall GAF be liable for any CONSEQUENTIAL OR INCIDENTAL DAMAGES of any kind, including, but not limited to, interior or exterior damages and/or mold growth. The parties ogree that, as a condition precedent to litigation, any controversy or claim relating to this guarontee shall be first submitted to mediation before o mutually acceptable mediator. In the event that mediation is unsuccessful, the ponies agree that neither one will commence or prosecute any lawsuit or proceeding other than before the appropriate state or federal court in the State of New Jersey. This guarantee shall be governed by the laws of InctState of New Jersey, without regord to principles of conflicts of jaws. Each party irrevocably consents to the jurisdiction and venue of the above identified courts. NOTE: GAF shall have no obligation under this guarantee unless and until all bills for installation and supplies have been paid in all to the roofing controctor and materials suppliers, and the guarantee charge has been paid to GAF. This guarantee must hove a raised seol to be valid. GAF 1 CAMPUS DRIVE PARSIPPANY, NJ 07054 By: Authorized Signature Date a 02016 GAF 2/16 • #242 } COMT5587 RUBEROID°/GAFGLAS® Diamond Pledge' NDL Roof Guarantee With True "Edge -To -Edge" Coverage Important Information On Your Guarantee Coverage... Congratulations on selecting a GAF RUBEROID®/GAFGLAS� Diamond Pledge'' NDL Roof Guarantee. GAF is proud to provide you with extraordinary guarantee coverage for your new roofing system. • The RU.BEROID"/GAFGLA5- Diamond Pledger' NDL Roof Guarantee provides you with comprehensive system protection so that if your new GAF roofing system leaks from a manufacturing defect or workmanship error, the costs of repair are 100% covered (see your RUHROID ' A:R: AS Diamond Pledger" NDL Roof Guarantee for complete coverage and restrictions). First, let's understand the responsibilities of ownership... • It's common sense... if you own something and you want it to perform, you have to maintain it. After all, you wouldn't expect... • a smoke alarm to go off with a dead battery • your furnace to perform efficiently if you never changed the filter • your car to run if you never changed the oil Your new roof is no exception. Simply put... maintenance is a responsibility of ownership. Without basic maintenance, your assets will diminish in value. With basic maintenance, you can preserve them and enjoy years of reliable service. Your new roof is protected by the extraordinary RUBEROID< /GAFGLAS" Diamond Pledge " NDL Roof Guarantee coverage, plus you may be eligible for the added benefits of... • Up to 25% of additional duration... with the WellRoof® Guarantee Extension' We've put together a program designed to help reduce the risk of the unexpected expense and unnecessary disruption that may occur if your roof leaks. The WellRoof® Guarantee Extension can add up to 25% additional duration to your ▪ B=R :1f} ;;'!,G!41:G1- ,S- Diamond Pledger" NDL Roof Guarantee coverage, when you maintain your roof with the services of a GAF Certified Maintenance Professional. Protect your asset and get longer protection from your guarantee with the WellRoof® Guarantee Extension and a maintenance program you can trust, executed by a GAF Certified Maintenance Professional. Call 1-800-ROOF-41 1 or visit gaf.com for information about a Certified Maintenance Professional in your area. Need more info on saving money with a roof maintenance program? See the WellRoof® Brochure at gaf.com. 1 See the We/ Ros • Guarantee Exlene on for complete coverage and restrictions GAF Quality You Can Trust... From North America's Largest Roofing Manufacturer! 7" gat. cam Same family ownership and management since 1931 Date: September 7, 2016 To: Town of Los Gatos Parks & Public Works Department 41 Miles Avenue Los Gatos, CA 95030 Attn: Mr. Jeremiah George Re: Civic Center Museum Roof Improvements 110 E Main Street Los Gatos, CA Dear Mr. George, This letter authorizes David C. Moreno to submit proposals to the Town of Los Gatos on behalf of Califomia Roofing Company, Inc. David Aasen President Califomia Roofing Co !nc! 1595 S. Tenth St / San Jose, CA 95112 ! Ph: 408- 293-7977 Fax 408-294-1013 ! License # 174900 Same family cnvnersiiip and ranagernent since I93I Date: September 7, 2016 To: Town of Los Gatos Parks & Public Works Department 41 Miles Avenue Los Gatos, CA 95030 Attn: Mr. Jeremiah George Re: Civic Center Museum Roof Improvements 110 E Main Street Los Gatos, CA Dear Mr. George, Please note list of References and Bay Area Clients. 1. Town of Los Gatos, Contact Jinn Harbin (408) 829-3311 2. City of Sari Jose, Contact Dale Black (408) 771-1369 3. City of Pleasanton, Contact Chris Rizxoii (925) 931-55843 4. Chamberlin Associates, Contact Doug) Giffin (925) 224-8278 5. Swinerton Buiiders, Contact Scott Kent (415) 407-8553 6. Haunter Properties, Contact Melissa Cu Duran (408) 255-4100 7. Linear Technology, Contact (Rick Pasdunni (408) 204-5495 8. PaDaro Valley Unified School District, Contact Howard Cohen (831) 319-3224 I will be the designated contract manager. I started my roofing career in July of 1976. 1 have completed my apprenticeship training thru Roofer Local 95 and moved on to Journeyman and Foreman level. In 1995 I became a superintendent with another roofing company. I then progress into project estimating and project management. I have 40 years of experience. California Roofing currently has an office staff of six and thirty roofers on hand. Please note California Roofing Company, Inc description of firm as noted thru Associated Roofing Contractors web site. Feel free to view are website at www.cal-roof.com Are services provide for this project are outlined in the proposal provided. A kettle and propane tank along with Foremen's vehicle will be on site. Will need additional parking spots for two more vehicles. For after-hours Contact Joe Rebozzi at (408) 968-1990. Call out response time is 2 hours or less. Respectf David C. Moreno Project Estimator/Project Manager California Roofing Co Inc/ 1595 S. Tenth St / San Jose, CA 95112 / Ph: 408- 293-7977 Fax 408-294-1013 / License # 174900 ABOUT US ROOFING INFORMATION CONTRACTOR MEMBERS O Contact info California Roofing Company, Inc. 1595 South loth Street San Jose, CA 95112 Telephone: (408) 293-7977 Fax: (408) 294-1013 Member bpocs Established: 1931 License Number(s): 174900 License Classification(s): C-39, Roofing Markets Served: Commercial Industrial Institutional Materials Installed and Service Offered: Built -Up Roofing Cold Process Modified Bitumens Single Ply Affiliation with Other Industry Organizations: Roofing Contractors Association of California CONTRACTOR MEMBERS i ASSOCIATE MEMBERS I CONTACT US MEMBERS ONLY HOME Contractor Search By City I Contractor Search By County O Caiifomia Roofing Company. nc. Since its inception in 1931, California Roofing Company., Inc. (CRC) has been owned and operated by one family. One of the oldest roofing companies in the Santa Clara Valley, CRC has a long and proud history of setting the standard by which others are measured. Experienced and far-sighted management have successfully blended old fashioned service and tradition with the latest technological advancements in the roofing industry_ CRC's position as one of the largest and most respected roofing companies in Northern California has been assured by their continuing ability to be innovative and move with the times. without compromising the high standards of quality they have set. CRC has wide ranging capabilities with vast experience in the full range of hot and cold processes. More sophisticated demands from the consumer in the last decade has helped bring about a dynamic change in the chemical composition of roofing materials. These changes have emphasized the need for more knowledgeable and better -trained people than in the past. CRC has met this challenge and is justifiably proud of its team of highly skilled salesman/estimators, trained to fully understand the different materials and methods available today. This allows them to "tailor- make" their recommendations for each project. CRC is a certified, approved applicator for varoius material manufacturers including Owens -Coming Fiberglass, Firestone, U.S. Intec, Nord Bitumi, Genflex, Metacrylics, Malarkey, Manville Corp., Tremco, Conglas, Celotex, Garland, Evanite, Burke Industries, J.P. Stevens, Carlisle, GoodYear, Siplast, Durolast and others. In addition to re -roofing existing structures, CRC has extensive experience in roof maintenance, repairs and new construction roofing. t) Project Photos, Bid Recap Civic Center Roof Replacement 9/8/2016 Base Bid Adds Total Award California Roofing $ 56,835.00 $ 2,184.00 $ 59,019.00 Yes Waterproof Associates $ 65,802.00 $ 65,802.00 No Southwest Construction $ 103,742.00 $ 103,742.00 No