Staff ReportPREPARED BY: MATT MORLEY
DIRECTOR OF PARKS AND PUBLIC WORKS
Reviewed by: Assistant Town Manager Town Attorney Finance
S:\COUNCIL REPORTS\2016\06-21-16\Old Library Project\Staff Report - Old Library ReUse Project FINAL.docx 6/16/2016 10:40 AM
MEETING DATE: 06/21/16
ITEM NO: 10
COUNCIL AGENDA REPORT
DATE: JUNE 14, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: OLD LIBRARY RE-USE PROJECT
AUTHORIZE THE TOWN MANAGER TO:
A. EXECUTE A FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT
WITH CALIFORNIA PLUS ENGINEERING, INC. FOR AN ADDITIONAL
AMOUNT OF $13,522.
B. AUTHORIZE A BUDGET ADJUSTMENT TO INCREASE THE PROJECT
APPROPRIATION FROM ANTICIPATED FY 2015/16 YEAR END GENERAL
FUND SAVINGS FOR THE OLD LIBRARY RE-USE PROJECT IN THE
AMOUNT OF $52,220.
C. EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION ACCEPTING THE WORK OF CALIFORNIA PLUS
ENGINEERING, INC. AND AUTHORIZE RECORDING BY THE CLERK
ADMINISTRATOR FOR THE LOS GATOS CIVIC CENTER MUSEUMS OF LOS
GATOS TENANT IMPROVEMENT PROJECT.
RECOMMENDATION:
Authorize the Town Manager to:
1. Execute a first amendment to the Construction Agreement with California Plus Engineering, Inc.
(Attachment 1) for an additional amount of $13,522.
2. Authorize a budget adjustment to increase the project appropriation from anticipated FY 2015/16
year end General Fund savings for the Old Library Re-Use Project in the amount of $52,220.
3. Execute a Certificate of Acceptance and Notice of Completion (Attachment 2) accepting the work of
California Plus Engineering and authorize recording by the Clerk Administrator for the Los Gatos
Civic Center Museums of Los Gatos Tenant Improvement Project.
BACKGROUND:
On October 2, 2014, Council authorized the Town Manager to execute a Construction Agreement with
California Plus Engineering, Inc. in an amount not to exceed $1,391,500, plus a contingency of
$136,650. The agreement amount was approximately $350,000 less than the next competitive bid. The
project scope included renovation to the old Library space at the Civic Center, including replacement of
the heating, ventilation, and air conditioning (HVAC) system for the space, and providing ADA
upgrades including new restrooms and an elevator.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: EXECUTE A FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT
WITH CALIFORNIA PLUS ENGINEERING, INC., INCREASE THE PROJECT
APPROPRIATION, AND EXECUTE A CERTIFICATE OF ACCEPTANCE AND
NOTICE OF COMPLETION ACCEPTING THE WORK OF CALIFORNIA PLUS
ENGINEERING, INC. FOR THE LOS GATOS CIVIC CENTER MUSEUMS OF LOS
GATOS TENANT IMPROVEMENT PROJECT
JUNE 14, 2016
BACKGROUND (cont’d):
Construction began in January, 2015 and concluded in January, 2016. Originally constructed in 1964
and expanded in 1975, the civic center building is unique in its structure and associated complexities due
to multiple modifications, resulting in numerous unknown situations such as locations and conditions of
existing electrical and communication conduits.
DISCUSSION:
During the course of construction, the contractor encountered many situations common to this type of
renovation project that required adjustment in the field. These changes included the addition of a fire
alarm system, water table infiltration, and the relocation of the main communication conduits for the
civic center which was found to run through the center of the new elevator pit. This conduit provided all
phone and data communication for the civic center, and relocation required all new conduit from the
street curb on Main Street through the length of the civic center into the main server room. With this
came the added ability to bring a fiber optic cable into the civic center for improved speed and
bandwidth for the library and civic center internet service.
Through the course of the project, staff worked hard to keep the contractor on task and within scope,
requiring significant oversight by staff. At the conclusion of the project, the contractor submitted a list
of approximately 32 unapproved change orders totaling $150,000. These change orders should have
been submitted and approved during the course of the project prior to the work being done. In spite of
this late submittal, staff reviewed the list of change orders and has identified 25 that are valid for which
staff recommends compensation to the contractor. Payment for these change orders will require an
agreement amendment in the amount of $13,522. The most significant of the change orders are costs
associated with relocating the conduit mentioned above.
The total project cost included expenses outside of the contract with California Plus Engineering,
including areas of hazardous material removal, design modifications, and furniture, fixtures, and
equipment for the Town occupied space. These accumulated costs have exceeded the total project
appropriation by a total of $52,220, which includes the increase to the California Plus Engineering
contract. Staff recommends a budget adjustment to the project budget in the amount of $52,220 to allow
for final close out of the project.
With resolution of the outstanding change orders, California Plus Engineering, Inc. has satisfactorily
completed all of the work for this project and staff recommends project acceptance.
Five percent of the faithful performance bond will remain in effect for a period of two years as guarantee
for any needed repair or replacement caused by defective materials and workmanship. The execution
and recordation of the Certificate of Acceptance is now required to finalize the Town's acceptance of the
project.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: EXECUTE A FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT
WITH CALIFORNIA PLUS ENGINEERING, INC., INCREASE THE PROJECT
APPROPRIATION, AND EXECUTE A CERTIFICATE OF ACCEPTANCE AND
NOTICE OF COMPLETION ACCEPTING THE WORK OF CALIFORNIA PLUS
ENGINEERING, INC. FOR THE LOS GATOS CIVIC CENTER MUSEUMS OF LOS
GATOS TENANT IMPROVEMENT PROJECT
JUNE 14, 2016
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to:
1. Execute a first amendment to the Construction Agreement with California Plus Engineering, Inc.
(Attachment 1) for an additional amount of $13,522.
2. Authorize a budget adjustment to increase the project appropriation from anticipated FY 2015/16
year end General Fund savings for the Old Library Re-Use Project in the amount of $52,220.
3. Execute a Certificate of Acceptance and Notice of Completion (Attachment 2) accepting the work of
California Plus Engineering and authorize recording by the Clerk Administrator for the Los Gatos
Civic Center Museums of Los Gatos Tenant Improvement Project.
ALTERNATIVES:
Alternatively, the Council could not approve the change order request. Staff has not recommended this
alternative as staff has been able to identify justifiable change orders that are significantly lower than
requested by the contractor. The overall project cost remains very competitive with originally
anticipated costs and the bid results. Not approving the change order would potentially lead to claims
against the Town by the contractor.
COORDINATION:
This report has been coordinated with the Town Attorney and the Finance Department.
FISCAL IMPACT:
Total Expended / Remaining
Project Encumbered Available Change Order Funds
Fiscal Impact Budget To Date Balance Total Requested
Old Library Re-use Project - 411-821-2105 1,041,089$ 1,017,053$ 24,036$ 76,256$ 52,220$
HVAC Upgrades - Old Library - 411-821-2103 643,379$ 643,379$ -$ -$ -$
TOTALS 1,684,468$ 1,660,432$ 24,036$ 76,256$ 52,220$
TOTAL EXPENDITURES/ENCUMBRANCES BY CATEGORY:
Construction 1,490,654$
Design 89,977$
Consultation 78,117$
Misc. Project Exp.1,142$
Advertising 542$
TOTALS 1,660,432$
Old Library Re-use Project 821-2105 / HVAC Upgrades - Old Library 821-2103
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: EXECUTE A FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT
WITH CALIFORNIA PLUS ENGINEERING, INC., INCREASE THE PROJECT
APPROPRIATION, AND EXECUTE A CERTIFICATE OF ACCEPTANCE AND
NOTICE OF COMPLETION ACCEPTING THE WORK OF CALIFORNIA PLUS
ENGINEERING, INC. FOR THE LOS GATOS CIVIC CENTER MUSEUMS OF LOS
GATOS TENANT IMPROVEMENT PROJECT
JUNE 14, 2016
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice of
Exemption was previously filed.
Attachments:
1. First Amendment to Construction Agreement
2. Certificate of Acceptance and Notice of Completion
FIRST AMENDMENT TO CONSTRUCTION AGREEMENT
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 21st day
of June, 2016 and amends that certain Construction Agreement dated October 8, 2014, made by
and between the Town of Los Gatos, ("Town,") and California Plus Engineering, Inc.
(Contractor”).
RECITALS
A. Town and Contractor entered into a Construction Agreement on October 8, 2014
(“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 increase the compensation.
AMENDMENT
1. ARTICLE II: CONTRACTOR’S ACCEPTANCE is amended to read as follows:
Service Provider shall receive additional compensation of an amount not to exceed
$13,522.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley, Director of Parks and Public
Works
California Plus Engineering, Inc.:
_____________________________________
Title
Approved as to Form:
_____________________________________
Robert Schultz, Town Attorney
CLERK DEPARTMENT
AGR q t
111H
ORD
CONSTRUCTION AGREEMENT RFC
RESO
This Agreement is dated for identification this 8`h
day of October, 2014, 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 Plus
Engineering, whose address is 1560 W. Hacienda Avenue, Campbell, CA 95008 (hereinafter
CONTRACTOR ").
NOW, THEREFORE, the parties agree:
ARTICE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT.
That for and in consideration of the payments and agreements hereinafter mentioned, to
be made and performed by the said TOWN, and under the conditions expressed in the two bonds
hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost
and expense, to do all the work and furnish all the materials and equipment necessary to
construct and complete, in accordance with the plans and specifications hereinafter mentioned, in
a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or
his, of the TOWN OF LOS GATOS, California, all the works and improvements described,
mentioned and set forth in those plans and specifications on file in the Office of the Parks and
Public Works of said TOWN, entitled:
Plans and Specifications for
Los Gatos Civic Center Museums of Los Gatos Tenant Improvement"
which said plans and specifications and all the documents therein contained, including the
TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such
reference made part of this contract.
ARTICLE II: CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exhibit "A" (plus an
additional $25,000 Performance Bonus in the event that the work is finished 14 days prior to the
established target date for completion), 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.
1
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 1.5 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 within 100 days from
Notice to Proceed.
A Performance Bonus of $25,000.00 will be awarded in the event that the work is
finished 14 days prior to the established target date for completion.
ARTICLE V: HOURS OF LABOR
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty -Five Dollars ($25)
for each workman employed in the execution of the contract by him or by any subcontractor for
each calendar day during which any workman is required or permitted to labor more than eight
8) hours in violation of the provisions of Sections 1810 -1815 inclusive of the Labor Code and
all amendments thereto.
ARTICLE VI: APPRENTICES
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor
Code governing the employment of apprentices by the CONTRACTOR or any subcontractor
under him. CONTRACTOR and any of his subcontractors shall comply with the requirements
of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance
with the said sections regardless of any other contractual or employment relationships alleged to
exist.
Information relative to apprenticeship standards and other requirements may be obtained
from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San
Francisco, California or from the Division of Apprenticeship Standards at its branch offices.
ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin or sex in the performance of this contract. CONTRACTOR shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -
assisted contracts.
Failure by CONTRACTOR to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as recipient
deems appropriate.
ARTICLE VIII: INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR is an independent contractor, and all persons working
for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and
employees, and said persons shall not be deemed agents, servants or employees of TOWN.
ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS
CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics,
writings, recordings and other tangible materials regardless of form or format, including, without
limitation, electronically transmitted documents and ACAD files, and other collateral materials
collected, compiled, drafted, prepared, produced and/or generated in the performance 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
3
Workers' Compensation insurance, and CONTRACTOR maintains they are exempted under the
law from the requirement to maintain Workers' Compensation insurance coverage.
In addition, during the term of any work for TOWN under said agreement:
1) CONTRACTOR will not employ any person in any manner so as to become subject to the
Workers' Compensation laws of California, or (2) should CONTRACTOR become subject to the
Workers' Compensation provisions of Section 3700 of the Labor Code for any reason,
CONTRACTOR shall forthwith comply with those provisions and send evidence of financial
compliance to TOWN.
C. Acceptability of Insurers: Insurance is to be placed with insurers with a current
Best Rating of A:VII unless otherwise acceptable to TOWN.
d. Verification of Coverage: Insurance, deductibles or self - insurance retentions shall
be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be
received and approved by TOWN before work commences, and insurance must be in effect for
the duration of the contract. The absence of insurance or a reduction of stated limits shall cause
all work on the project to cease. Any delays shall not increase costs to TOWN or increase the
duration of the project.
e. Other Insurance Provisions:
1) The TOWN OF LOS GATOS, its officers, officials, employees and
volunteers are to be covered as additional insured by Endorsement CG 20 10 11 85 or other
endorsement approved by Town Attorney for Commercial General and Automobile Liability
coverage.
2) For any claims related to this project, CONTRACTOR's insurance
coverage shall be primary and any insurance or self - insurance maintained by TOWN, its officers,
officials, employees and volunteers shall not contribute to it.
3) Each insurance policy required shall be endorsed that a thirty (30) day
notice be given to TOWN in the event of cancellation or modification to the stipulated insurance
coverage.
4) In the event CONTRACTOR employs subcontractors as part of the work
covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that all
subcontractors comply with the same insurance requirements that are stated in this Agreement.
5) Approval of the insurance by TOWN or acceptance of the Certificate of
Insurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be
held responsible for payment of damages resulting from CONTRACTOR's services or operation
pursuant to this Agreement, nor shall it be deemed a waiver of TOWN's rights to insurance
coverage hereunder.
11
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.
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
5
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 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 famish the TOWN all appropriate guaranties or warranty
certificates upon completion of the project.
ARTICLE XIV: SHORING FOR TRENCHES
If the contract specifies an expenditure of Twenty -Five Thousand Dollars ($25,000) or
greater for trenching, and if the depth of the 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.
ARTICLE XVII: 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.
0
ARTICLE XVIII: DBE RESPONSIBILITIES
For projects that are State or Federal funding; With respect to Disadvantaged Business
Enterprises, CONTRACTOR shall do the following:
1) Pay each subcontractor under this prime contract for satisfactory performance of
its contract no later than ten (10) days from the receipt of each payment the prime contractor
receives from TOWN. Any delay or postponement of payment from the above - referenced time
frame may occur only for good cause following written approval of TOWN. This clause applies
to both DBE and non -DBE subcontractors.
2) Release all retainage owed to a subcontractor for satisfactory completion of the
accepted work within thirty (30) days after TOWN'S payment to CONTRACTOR. Any delay or
postponement of payment from the above - referenced time frame may occur only for good cause
following written approval of TOWN. This clause applies to both DBE and non -DBE
subcontractors.
ARTICLE XIX: PREVAILING 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
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:
CALIFORNIA PLUS ENGINEERING
1560 W. HACIENDA AVENUE
CAMPBELL, CA 95008
or personally delivered to CONTRACTOR at such address or at such other addresses as
CONTRACTOR may designate in writing to TOWN.
Any notice required to be given TOWN shall be deemed to be duly and properly given if
mailed to TOWN, postage prepaid, addressed to:
Lisa Petersen
Town Engineer
TOWN OF LOS GATOS
41 Miles Avenue
Los Gatos, California 95030
or personally delivered to TOWN at such address or at such other addresses as TOWN may
designate in writing to CONTRACTOR.
ARTICLE 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.
0
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date first written above.
APPROVED AS TO CONTENT:
att Mor ey
Director of Parks and ublic Works
APPROVED AS TO FORM:
TOWN ":
TOWN OF LOS GATOS
By:
Greg Larson
Town Manager
CONTRACTOR:
Name: California Plus Engineering, Inc.
Address: 1560 W. Hacienda Ave.
Campbell, CA 95008
Tax ID No. or SSAN: 77- 0588667
m
Title: President 1--
4t /phi'
Title: V.P.
Corporate Seal
0
Atte:
Robert Schultz Shell
Town Attorney Clerl
CONTRACTOR:
Name: California Plus Engineering, Inc.
Address: 1560 W. Hacienda Ave.
Campbell, CA 95008
Tax ID No. or SSAN: 77- 0588667
m
Title: President 1--
4t /phi'
Title: V.P.
Corporate Seal
0
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 hel and firmly bound unto any
and all materialmen, persons, companies or corporations fur fishing materials, provisions,
provender or other supplies used in, upon, for or about the perfo ance of the work contracted to
be executed or performed under the contract hereinafter me oned, and all persons, companies
or corporations renting implements or machinery, or hiri crews, for or contributing to said
work to be done, and all persons who perform work or la r upon the same, and all persons who
supply both work and materials, and whose claim has t been paid by the contractor, company,
or corporations in the just and full sum of One Milli Three Hundred Sixty Six Thousand Five
Hundred Dollars ($1,366,500), for the payment hereof, well and truly to be made, said
Principal and Surety bind themselves, their ad nistrators, successors and assigns, jointly and
severally firmly by these presents.
The condition of the foregoing ob 'gation is such that; WHEREAS, the above - bounden
Principal has entered into a certain contra - (et attached hereto and incorporated herein by reference
as though fully set forth, with the TO OF LOS GATOS, to do and perform the following
work; to wit:
Los Gatos Civic Cgfiter Museums of Los Gatos Tenant Improvement
as required by the plans and kecifications, pursuant to the award made to said contractor by the
Council of the TOWN OF LOS GATOS, on October 7, 2014, as will more fully appear by
reference to the mi of said Council of said TOWN of said date.
NOW, THE ORE, if the above - bounden Principal, contractor, person, company, or
corporation, or his gent, or the subcontractors, fails to pay for any materials, provisions,
provender, or oth supplies, or crews used in, upon, for, or about the performance of the work
contracted to be one, or for any work or labor done thereon of any kind, or for amounts due
under the Une pt oyment Insurance Act with respect to such work or labor, or for any amount
required to deducted, withheld, and paid over to Franchise Tax Board, from the wages of
employees f the contractor or subcontractor, pursuant to Section 18806 of the Revenue and Tax
Code, th the Surety of this bond will also pay the same in an amount not exceeding the sum
specifi in the bond; and also, in case suit is brought upon this bond, a reasonable attorney's fee,
whic shall be awarded by the court to the prevailing party in said suit, said attomey's fee to be
taxe as costs in said suit and to be included in the judgment therein rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or to the
specifications accompanying the same shall in any way affect its obligation on this bond and it
10
d
r
ci
u
a
U
wC
Q
O
C
C' V
O
d S
N
y O A
Q d
d
v r
a c z
a a i0
z m
ro
cN
o a v
v
a
0
G
O
N lJ'W
o ^1
o
Vb %
3 G
ar'
J y
S
A
O GO
N
C
aS
G O
v 'CS
c m
o .S
L
C
v v
v av 3 `oo
o
Axr
3
w o
tny
u m
EXHIBIT A
Bond Number: CA3140859
Premium is included in the
Performance Bond
CONTRACTOR'S BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That California Plus Engineering, Inc. , as Principal, and
Great American Insurance Comoanv
incorporated under the laws of the State of Ohio
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 One Million Three Hundred Sixty Six Thousand Five
Hundred Dollars ($1,366,500), 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:
Los Gatos Civic Center Museums of Los Gatos Tenant Improvement
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 7, 2014, 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
specifications accompanying the same shall in any way affect its obligation on this bond and it
10
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
This bond uted to comply with the provisions of Sections 3247, et seq.,
of the Civil Co
California
M
and sealedthis / 21st day
Lx r' .'t'Pn r San fa R. Bla Attorney -in -Fact
s f
301
2014.
C- ,:A tw' gc-ak 1A42,,- -V,^6fncinnati3OH 45202 (916)788 -7261
CONTRACTOR SURETY (Address and Phone No.)
CORPORATE SEAL) SURETY SEAL)
11
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of California
On j`j before me, E. Johnson , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Sandra R. Black
Name(s) of Signer(s)
E. JOHNSON
COMM. 0191/775 i
NDTARV pUBIIC CALIpORRIA
SACnAMEN70 COUNTY
Comm. Exp. CT 15 2015
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they
executed the same in his /her /their authorized capacity(ies),
and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
C 01
Signature m'm
Place Notary Seal Above Signature of Not
I
Ible
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying an the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Sandra R. Black
Individual
Corporate Officer — Title(s):
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Great American Insurance
Company
Number of Pages:
Signer's Name:
Individual
Corporate Officer — Title(s):
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Top of thumb here
The amount of the within obligation is hereby fixed by the TOWN Council in the sum of
One Million Three Hundred Sixty Six Thousand Five Hundred Dollars ($1,366,500), 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:
paj -e a
Robert Schultz, Tow A orney
ATTEST: ( "Q , a
Shelley Neis, Cler0kdministrator
Greg Larson, Town Manager
12
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513- 723 -2740
The number of persons authorized by
this power of attorney is not more than TWO
No.0 14215
POWER OFATTORNEV
KNOW ALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
SHARON J. RUSCONI BOTH OF BOTH
SANDRA R. BLACK SACRAMENTO, $100,000,000.00
CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 19TH day of MARCH 1 2014
Attest GREAT AMERICAN INSURANCE COMPANY
P,--
Assirmnt Secretary Divisional Senior V,,e President
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. xITCHIN (877-377-2405)
On this 19TH day of MARCH 2014 , before me personally appeared DAVID C. KITCHIN, to me
known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal
affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his
name thereto by like authority.
swd ckll*
Notary Public, Slap of ft
My Cornnia m Eo ms SM2015
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Fix Presidents, Divisional Vice Presidents and Divisonal Assistant rice
Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,, to prescribe their respective duties and
the respective limits oftheir authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature ofany of the aforesaid officers and any Secretary or Assistant Secretary of the
Company maybe i ff xed by facsimile to any power ofattorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby, adopted by the Company as the original signature ofsuch
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed
CERTIFICATION
1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 015T
s
310AAD (12/13)
day of box'I
Assistant Secremn
Bond Number: CA3140859
Premium: $14,739.00
CONTRACTOR'S BOND FOR FATIM FUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That California Plus Engineering, Inc. as Principal, and
Great American Insurance Company
incorporated under the laws of the State of Ohio 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 One Million Three Hundred Sixty
Six Thousand Five Hundred Dollars ($1,366,500), 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:
Los Gatos Civic Center Museums of Los Gatos Tenant Improvement
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 7, 2014, 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.
13
Signed and se d this 21st / day of October c j 20
California PI
M BY:
Fsandra Black,
301 E.
Ca it -ornAg MUi p^o%nUVW; "LCincinnati3OH45202 (916)788 -7261
CONTRACTOR SURETY (Address and Phone No.)
CORPORATE SEAL) (SURETY SEAL)
14
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of California
On C I y {' before me, E. Johnson , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Sandra R. Black
E. JOHNSON
COMM. IY1954775
NOTARY PUBLIC • CALIFORNIA
SACRAMENTO COUNTY
Comm. Exp. OCT. 15, 2 115
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they
executed the same in his /her /their authorized capacity(ies),
and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my han and official seal.
Signature ) .
Signature of ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Sandra R. Black
Individual
Corporate Officer — Title(s):_
Partner El Limited El General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Great American Insurance
Company
Top of thumb here
Number of Pages:
Signer's Name:
Individual
Corporate Officer Title(s):
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Top of thumb here
The amount of the within obligation is hereby fixed by the TOWN Council in the sum of
One Million Three Hundred Sixty Six Thousand Five Hundred Dollars ($1,366,500), that sum
being more than one hundred percent (100 %) of the contract price, is by said TOWN Council
deemed sufficient and adequate, and is the sum fixed by it for that purpose.
APPROVED AS TO FORM:
Ro ert Schultz, Towt ey
ATTEST:
Shelley Neis, Clerk Administrator
Greg Larson, Town Manager
15
2k
E
LLE
F$
2r
i
22 2
2®
F
B
pAoaxENI!
Hill
f
7
7
E|
k$$
k\
22 2
2®
F
B
pAoaxENI!
22 2
2®
F
B
pAoaxENI!
ATTACHMENT 2
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
______________________________________________________________________________
(SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103)
TYPE OF RECORDING
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 14-06 LOS GATOS CIVIC CENTER MUSEUMS OF LOS GATOS
TENANT IMPROVEMENT PROJECT
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 14-06 LOS GATOS CIVIC CENTER MUSEUMS OF LOS GATOS
TENANT IMPROVEMENT PROJECT
TO WHOM IT MAY CONCERN:
I do hereby certify that California Plus Engineering, Inc. completed the work called for in the
agreement with the Town of Los Gatos dated for identification purposes as October 8, 2014. The
work is outlined in the Town’s bid process prepared by the Town of Los Gatos and generally
consisted of furnishing all labor, materials, tools, equipment, and services required for
completion of the PPW Job No. 14-06 Los Gatos Civic Center Museums of Los Gatos Tenant
Improvement Project located in the TOWN OF LOS GATOS, County of Santa Clara, State of
California and was completed, approved and accepted June 21, 2016.
Bond No.: CA3140859
Date: October 21, 2014
TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgement Required
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
PPW JOB NO. 14-06 LOS GATOS CIVIC CENTER MUSEUMS OF LOS GATOS
TENANT IMPROVEMENT PROJECT
I, LAUREL PREVETTI, the Town Manager of the Town of Los Gatos, have read the
foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know
the contents thereof. The same is true of my own knowledge, except as to the matters which are
therein alleged on information or belief, and as to those matters I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration
was executed on _____________________, 2016 at Los Gatos, California.
__________________________________________
LAUREL PREVETTI, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Date: ____________________________
Matt Morley
Director of Parks and Public Works
APPROVED AS TO FORM:
Date: ____________________________
Robert Schultz, Town Attorney
Notary Jurat Required