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12.151 - Bearden Construction Co., Inc. dba CB Concrete Construction, Inc.CLERK DEPARTMENT AGR 2 .151 111H ORD CONSTRUCTION AGREEMENT REC RESQ This Agreement is dated for identification this 19th day of July, 2012, 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 BEARDEN CONSTRUCTION CO., INC. dba CB CONCRETE CONSTRUCTION, INC., whose address is 641 University Avenue, Los Gatos, California 95032 (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 the scope of work on file in the Office of the Parks and Public Works of said TOWN, entitled: "Pageant Grounds Phase 3 Improvements - Renovations" 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," 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. The TOWN shall pay the CONTRACTOR (Two Hundred Ninety Six Thousand Three Hundred Twenty Five Dollars) $296,325, which shall supersede any other amount specified in the Contract Documents. NAPPIATACM12 -01 Pageant Grounds Phase 3 hnproveinents \Agreements \Construction Agreement- CBconcrete.docx ARTICLE III: ACCEPTANCE BY TOWN The said TOWN hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV: COMPLETION OF AGREEMENT Reference is made to Section B.3 of the TOWN's Bid Form and which are hereby made a part of this contract. Inasmuch as the work called for under this contract concerns a needed public improvement, the time of performance and completion of this work is of the essence of this contract. It is expressly understood and agreed by the parties hereto that all the work called for under this contract, in all its parts and requirements, shall be completed before December 30, 2012. 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 aid other requirements maybe 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 N:\PPWPJ\CIP \12 -01 Pageant Grounds Phase 3 Improvements \Agreements \Construction Agreement- CBeoncrete.docx 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 N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 hnprovements \Agreements \Constiuction Agreement- CBconcrete.doex 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 1185 or other endorsement approved by Town Attorney for Commercial General and Automobile Liability coverage. (2) For any claims related to this project, CONTRACTOR's insurance coverage shall be primary and any insurance or self - insurance maintained by TOWN, its officers, officials, employees and volunteers shall not contribute to it. (3) Each insurance policy required shall be endorsed that a thirty (30) day notice be given to TOWN in the event of cancellation or modification to the stipulated insurance coverage. (4) In the event CONTRACTOR employs subcontractors as part of the work covered by this —Agreement, it shall be the responsibility of CONTRACTOR to ensure that all subcontractors comply with the same insurance requirements that are stated in this Agreement. (5) Approval of the insurance by TOWN or acceptance of the Certificate of Insurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be 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. N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 hnprovements \Agreements \Constiuction Agreement- Moncrete.docx (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. N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 linprovements \Agreements \Construction Agreement- CBconcrete.docx 5 ARTICLE XII: BONDING REQUIREMENT CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by the TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial Management Service and shall be listed on the most current Treasury Circular 570 as contained in the Federal Register. ARTICLE XIII: MAINTENANCE AND GUARANTY CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a one (1) year period subsequent to the date of final acceptance. This article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period, nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty certificates upon completion of the project. ARTICLE XIV: SHORING FOR TRENCHES If the contract specifies an expenditure of Twenty -Five Thousand Dollars ($25,000) or greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of the Labor Code shall also be applicable. ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES This Agreement shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on comparable fees of private attorneys practicing in Santa Clara County. ARTICLE XVI: 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 December 30, 2012, 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 N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 hnprovements \Agreements \Construction Agreement- C13concrete.doex 6 every calendar day such delay in completion of the services under this Agreement continues beyond December 30, 2012. 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. 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 N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 Improvements \Agreements \Conshuction Agreement- CBconcrete.docx the provisions of the Labor Code, Sections 1770 to 1780, inclusive. In addition to said penalty, the CONTRACTOR, or subcontractor, shall pay to each worker the difference between the prevailing wage and the amount paid to said worker for each calendar day for which said worker was paid less then the prevailing wage. CONTRACTOR shall comply with the provisions of the Davis -Bacon Act, as amended (40 USC 276x- 376a -5), and related requirements as certified in CONTRACTOR's bid proposal. ARTICLE 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. 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: Chris Bearden, President BEARDEN CONSTRUCTION CO., INC. DBA CB CONCRETE CONSTRUCTION, INC. 641 University Avenue Los Gatos, California 95032 or personally delivered to CONTRACTOR at such address or at such other addresses as CONTRACTOR may designate in writing to TOWN. Any notice required to be given TOWN shall be deemed to be duly and properly given if mailed to TOWN, postage prepaid, addressed to: Kevin Rohani, P.E. Town Engineer TOWN OF LOS GATOS 41 Miles Avenue Los Gatos, California 95030 or personally delivered to TOWN at such address or at such other addresses as TOWN may designate in writing to CONTRACTOR. N:\PPWPJ\CIP \12 -01 Pageant Grounds Phase 3 ImprovementsWgreements \Construction Agreement- CBconcrete.doex 8 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: Todd Capurso Director of Parks and Public Works APPROVED AS TO FORM: (��d �h YC Judith opp, Tow ttorne "TOWN ": TOWN OF LOS GATOS By: Greg Larson, Town Manager Attest: , ig Ka'h" Mazarin Vakharia, Clerk Administrator N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 hnprovements \Agreements \Constiuction Agreement- CBconcrete.docx CONTRACTOR: Name: G Ftr,--v I -S N Address: 60 / 041 \1rA?—s rry Aje By: Title: ►`r Title: Tax ID No. or SSAN: Corporate Seal 2 L%- *3( Ab-7 2-L/ I N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 hnprovements \Agreements \Constriction Agreement- CBconcrete.docx 10 CONTRACTOR'S BOND FOR LABOR AND MATERIAL BOND # BD 732718 KNOW ALL MEN BY THESE PRESENTS: BEARDEN CONSTRUCTION CO., INC dba ThatvcB coNcRE;TE ON TR I .TToN TN0 Principal, and NATIONWIDE MUTUAL INSURANCE COMPANY 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 $296,325 (Two Hundred Ninety Six Thousand Three Hundred Twenty Five 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 frilly set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to wit: "Pageant Grounds Phase 3 Improvements - Renovations" 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 July 19, 2012, 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 suin 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 N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 lmprovements\Agreements \Construction Agreement -CB concrete.docx 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 27th BY: CONTRACTOR (CORPORATE SEAL) day of JULY 2012. BY: TYLER WILLIAMS; ATTORNEY —IN —FACT PO BOX 182 LA MESA, CA 91942 SURETY (Address and Phone No.) 800 - 822 - 3666__ (SURETY SEAL) ' I N;\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 Improvements \Agreements \Construction Agreement- CBconcrete.doex 12 The amount of the within obligation is hereby fixed by the TOWN Council in the sum of (Two Hundred Ninety Six Thousand Three Hundred Twenty Five Dollars) $296,325, 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: �� ;- &V Judith P pp, To r m ATTEST: ; U� Mazarin Vakharia, Clerk Administrator Greg Larson, Town Manager N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 Improvements \Agreements \Construction Agreement -CB concrete. doex 13 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation � f' f I • AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Tyler Williams, Los Gatos, CA each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Pour hundred Thousand and no /100 Dollars $400,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution-of-Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman nof the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11 day of August , 2009. '-.f A A". ®��•p0070RAif .� G Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company p :SEAS,; a and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, +'•.�, i + �®` A AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance sue` % • A C Company �y� tl+sriys ® ® A ACKNOWLEDGMENT °''roe ° ®�•° •. °� S STATE OF IOWA, COUNTY OF POLK: ss ✓4 04raox� sa f fe�. °.F..e�® m me personally known to be the officer described in and who executed the preceding instrument, and he k,.rwR• v � nwA a acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the ®® o officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the •► W"'W a authority and direction of said Companies. SEA;a • t `��it� .� lCrat, 4Vr.�1&ttSVIM,,. a + t c rn•v�saa„ as Notary Public �.,« �x.a,a My Commission Expires CERTIFICATE March 24, 2014 I, Robert W Horner 111, Assistant Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seals of said Companies this 27th day of July 20 12 7U�v w Assistant Secretary This Power of Attorney Expires 08/11/2012 BDJ 1 (08/09) State of California ) CALIFORNIA ALL - PURPOSE County of �`ln'I'�l % I CERTIFICATE OF ACKNOWLEDGMENT On :201,A before me, De m e, � `.fdra �(,c r_►�SC� r (here insert nam and t� of the officer) personally appeared Itr , l / /an/) 5 who proved to me on the basis of satisfactory evidence to be the person(s.) whose name(s� is /ave subscribed to the within instrument and acknowledged to me that he /sbc /they executed the same in his /hcn /their authorized capacity(iexrY, and that by his /beT /tbeir signature(s) on the instrument the person(s4; 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. Signature - 61WU 0_! ""2 " e& OPTIONAL INFORMATION S�Y' KELLY DEGRANGE mJ COMM. ##1852861 z Notary PUbliC • California o Santa Clara County COMM. Jun, 7, 2013 -, �, ,.. , ,w�, _. (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of Identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ AdditionalSlgner(s) ❑ Signer(s)Thumbprint(s) Ll 0 Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312 -3612 Form ACK03. 10/07. Tore- order, call toll -free 1- 877- 349 -6588 or visit us on the Internet at http: / /www,notaryrotary.com State of California ) CALIFORNIA ALL- PURPOSE County of CERTIFICATE OF ACKNOWLEDGMENT On J-71 before me, n • h GAG ((here insert name And fitle of the officer) personally appeared �,%i I'75 %bph&- Aear�I f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /ar@ subscribed to the within instrument and acknowledged to me that he /sWtbey executed the same in his /het' /their authorized capacity(ieg), and that by his /l er /their signatures on the instrument the person,*, or the entity upon behalf of which the person(sl 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. -� —�- KIELLY f1FGRANGC r �Qr �rt COMM. #1852861 z F WITNESS m hand and official seal. °� Q Notary Public California o y z Santa Clara County o A[IFORN M Cornm, F_xoift".. Jun, 7, 2013. i Signature (Seal) OPTIONAL INFORMATION F Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document 0 The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification R titled /for the purpose of Proved to me on the basis of satisfactory evidence: L0 form(s) of identification C) credible witness(es) Notarial event is detailed in notary journal on: containing pages, and dated Page# Entry# The signer(s) capacity or authority is /are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing 0 Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312 -3612 Form ACK03. 10107. To re- order, call toll -free 1- 877 - 349 -6588 or visit us on the Internet at http : / /www.notaryrotary.corn CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE BOND # BD 732718 KNOW ALL MEN BY THESE PRESENTS: BEARDEN CONSTRUCTION CO., INC DBA That QR coN .RETF. cnNSTRu( -TIQN -I-NU Principal, and NATIONWIDE MUTUAL 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 of $296,325 (Two Hundred Ninety Six Thousand Three Hundred Twenty Five 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: "Pageant Grounds Phase 3 Improvements - Renovations" 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 July 19, 2012, 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. N:\PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 Improvements\Agreements \Construction Agreement- CBconcrete.docx 14 Signed and sealed this 27th BY: CONTRACTOR (CORPORATE SEAL) day of JULY 2012. BY: TYLER ILLIAMS, Attorney -in -fact PO BOX 1820 LA MESA, CA 91942 SURETY (Address and Phone No.) 800- 822 -3666 (SURETY SEAL) N: \PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 ILnprovements\Agreements \Construction Agreement- CBconcrete.docx 15 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation it m� C AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company' and collectively as the "Companies," each does hereby make, constitute and appoint: "Tyler Williams, Las Gatos, CA each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf anyand all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Pour hundred Thousand and no /100 Dollars $400,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and otherwritings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other,papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11 `h day of A_ ugust , 2009. O i� ; • p �•'p0FPQ A1F ,� <` Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance Company laa� INS Iit ®w LV4 ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss � n ®o e�GOPPORAPF �I S ®a, SEAL "s °® On this I f day of Au ust , 2009, before me came the above-named officer for the Companies aforesaid, to ,��• � a T%K. me personally known to be the officer described in and who executed the preceding instrument, and he "y.tow a'" �® ,OWR + acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the ®®®® officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, +,Wessr and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the +4Q�paW "so-�x xgo- SEA t 0 43t iRyy authority and direction $ of said Companies, -SEAL srkl,19al Set: ac= ".'t��'L P €F fe4iM €4 Z ! o, 1p�,A �a t Gani[Mts €u „- ,::u�igsr�3z7as Notary Public �A;xrevmiNZ a, cnwF� PAaEs za,e My Commission Expires CERTIFICATE March 24, 2014 I, Robert W Horner i I I, Assistant Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seals of said Companies this 27th day of July 20 12 L y Assistant Secretary This Power of Attorney Expires 08/11/2012 CM Ii i' State of California ) CALIFORNIA ALL - PURPOSE County of �`1 ��"� % �C�i'L� ) CERTIFICATE OF ACKNOWLEDGMENT On \h) U J , :k La before me, 4 lQ, l 1 !JL ��(��i1 t� ���� tic.! llC; (here insert nam ehncltitle of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(&) whose name(g) is /axe subscribed to the within instrument and acknowledged to me that he /sbe /tl).eey executed the same in his /her /their authorized capacity(ieeY, and that by his /ber/their signature.(T) on the instrument the persons,); or the entity upon behalf of which the personlls) 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. - -_� KFt.t Y ZFGRKNGF COMM. 1,:1852861 z WITNESS my hand and official seal. � - Notary Public • California a Santa Clara County CgC,fOR My COMM. E;tr)ires Jun, 7, 201 Signature d _<Ad ' e& (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer is Method of Signer Identification Proved to me on the basis of satisfactory evidence: L0 form(s) of identification C) credible witness(es) Notarial event is detailed in notary journal on: Page # Entry ## Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) © Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312 -3612 Form ACK03. 10107. To re- order, call toll -free 1- 877- 349 -6588 or visit us on the Internet at http: / /www.notaryrotary.com State of California ) CALIFORNIA ALL-PURPOSE County of CERTIFICATE OF ACKNOWLEDGMENT On J UJ 0 J%1 (-)U % before me, be 6f a'e" Ve q 1-9d-h 8, (here insert name And fitle of the officer) personally appeared h n5 �&, her OurC��� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /arse subscribed to the within instrument and acknowledged to me that he /s.4ie /t4ey executed the same in his /h-er /their authorized capacity(iog), and that by his /4er /thei•r signature.( on the instrument the persons -p, or the entity upon behalf of which the person(g) 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. Signature ���P 0 - U - OPTIONAL INFORMATION KELLY DEGRP,E1lG[ COMM. #1852851 z a 1 o Notary Public . California � Z J Santa (;lira County -d 4CIFORN fV)y (;t?P'ntTl. (y1;�i(cf..illFl, %, 2018, (Seal) Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Tltle(s) Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification C) credible witness(es) Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) o Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312 -3612 Form ACK03. 10/07. To re- order, call toll -free 1- 877 - 349 -6588 or visit us on the Internet at http: / /www.notaryrotary.com The amount of the within obligation is hereby fixed by the TOWN Council in the sum of (Two Hundred Ninety Six Thousand Three Hundred Twenty Five Dollars) $296,325, 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: ATTEST: Mazarin Vakharia, Clerk Administrator Greg Larson, Town Manager N: \PPWPJ \CIP \12 -01 Pageant Grounds Phase 3 Improvements\Agreements \Construction Agreement- CBconerete.docx 16 t'r U t0 `!d .4 V O 4 O � N H H H U � P.1 rD O � O `a e� P V �4 PI V Exhibit A 0 0', o 0 00 0C 0 00 0o 0 0o OOO 0 0 0 00 00 o o C O O Oo OoOo 0 0 0 0 00 00 ° 00 N 0 O 0 Lo 0 O 0 O 0 Ln 0 O 0 LO o O O O o Lo 0 0 0 0 0 o 0 O O o LO o O O O O L!) o O 0 L() 0 O 0 O ° 0 LO r; t O O to L() F- O F Ln CA 0) 0 CO d ct 0 (O N N ti N M O O N CA 00 a) tq O N O r r r In (O O O r (O r CO CO `- co LO N M N M CU r N CA N �h M N �7 (n C Q d � U Qc!`o co -io— ioi' o o O ° o O 0 0 00 0 o 0 0 o 000 0 0 0 0 0 0 0° Oo 0 0 O° 00 0 O 0° O o CD o 0 CD 0 0 0 00 0 O O O C xO U 0- 0 0 LO O 0 0 0 0 LO O 0 0 LO 0 O LO 0 0 0 0 0 0 O LO O O LO °° 1` c) C O a) M $+ e+. O (O Ln Lo r- O ti Lt7 (A a7 (O �Y d 0 In COON N f` r O) r r r N o h.�+ O N 0) r r r d ln, (fl O T 0 r 00 M P LO N M 1` LO O N M N M CO T C LC) 00 +`. zy =: 0 0 0 0 CC 0 0 O C 0 0 O C 0 C 0 C 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 O ° O O O CN .p OOO° O. O O O 0000000000MLnOLOf) L() Ln ° rY O O O O O' to ('.S) N L�j r Lo OC)OO CO. tf) O O N M O O C) i? O O 0 OctmTNMd 0 P 0 0 W Lf) O O O Q�s LO 00000LnNONNrN0v (fl N co a) o (n v> o m> cv OooCDC) 0 0 0 0 O C) o 000 000aCD O O o 0 O C) 0 00000 OOO 0 C c ca O o00 O O O ° O 0 Lp 0 0 0 0 000 0 0 0 0000 O O O U) O co ui N 0000000 O LO Lo 0 f� 0 0 O 0 U= >•N: O O L() O O LO r d' O O O O L() 00 C� V) Ln r Ln (O L(). t-. �- O mdr 0 rr cJ (O d rTNcoI oOLnW tf)NCONN�N� � U m -1 'O rO p i do 40� !p y O �° Orj v i X01 0" 0 O L i oo+ s r.t 01 > ° o +�� Oi O ° O r °d Ol o O a o' r Of oFO Oi r, OP D" o Oy �O' l03 0 �o, Oj o,r �O O °s p� `tt ps r pi s4) -0-!O 07 tp4 0' C 01 r0 O f� Oi kO� !p 0160 Off• IOts0 Oj Pp9.'O j0, O1 0i p ii E?� f0) }O� r°1 Ot OT O ! Oa EOOF O O "0 !p7 dpi . pl, !� P }�^ N; _ Is. rte -�� C: QtOi O °`° OF O!O °LO 1 °I� rr(Or° 00 (710y °tpdp O p []O'(O O F °iOiO °p�O'O ° M di (� r )4pi al O 's?i O O 1F 'Oa.� ° 'O; I' Oc OI EF d OI, O by O e�a`z'� i 1 °� (Ol 0� t5 (7{ y #Oi O #-#, O �O1p1 p 1 .. E�4) 40 O0t Oz 0 Q1 tip 05 OI (p O O i(7 (7 p0� O,� 01, O O} 1- ) O) 2 . 116 Lb 0! Ol f0 t 07 �.-.'t e�3`?3 '• O � m > r&.1 �� Ln kL �1u koab �i r i0��gi)MI,iio) ai M DROP . _ °fir fn(nU)fn(nCnfnfnU)fn'(n(n ( n wow 00(n0C) 0 _l _J _l _J _1 _I _l _l _I J J J .J _I J _J _J _! _J _I _l y 0 0 T r P T P P P P P P T T r r r 0C) L() O O Si `[ ". C O U U C a C ` a) IL C (U CL U e O Q C m CL O) a) O «, rn O > > O a) CO o a) ° Q Q (6 a C �° a) (D N U) c) '� o Y `oa) o ;a_C �U_(U-6M O " C N O �0) '" ca U �MMoc��ro to (n LL O �' �. �'. m J. .0 N O O p m ,Y `- (0 C C O C C (6 O a) a) N a) N N U rn O a) a) N N �— 4; Q O a) 3 S E o *� J O D U U O D U N `«� O E c O v' `N g O E N E a) O (D a) p) (0 ` �O (D - O) `.0 C N d O U (D C O C O C O U �. 9 C �O C O C-0 a) N U Lu N ±.' E A'd QW(n(n � 0. (n�UUUdLL(nUmh Wes: Qco o; Ln CO � M C, O T N M V_ r Ln r r 0— 1` T 00 r (n P O N r N N N M N N O O U m PQ Q O N u r-! N H1 O O .41 E � E td O O sti W Q) � 2 N � V N , O m C v Q V � "C3 Attachment I MEMORANDUM ros CIA Parks and Public Works. Department To: Greg Larson, Town Manager rvtAYOR REVIEW Y J 6A- 1 7/11 V From: Todd Capurso, Director of Parks and Public Works Subject: PPW JOB NO. 12-01 — PAGEANT GROUNDS PHASE 3 IMPROVEMENTS RENOVATIONS 411-831-1.201 A. AUTHORIZE THE TOWN MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH BEARDEN CONSTRUCTION CO., INC. DBA. CB CONCRETE CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $296,325. B. AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT AS NECESSARY IN AN AMOUNT NOT TO EXCEED $30,000. Date: July 19, 2012 tit t RECOMMENDATION: 1. Authorize the Town Manager to execute a construction contract with Bearden Construction Co. Inc. dba CB Concrete Construction, Inc. in an amount not to exceed $296,325, 2, Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $30,000. BACKGROUND: The new Los Gatos Library project included the construction of access improvements to the adjacent Pageant Grounds as the first step in renovating this historic Town site, The improvements included in the library project consisted of the removal of a large enclosure housing the Civic Center cooling tower, construction of an ADA compliant pathway providing access to both levels of the park, installation of historic mosaics, historical lighting fixtures, and landscaping adjacent to the new library and the entrance to the park. Staff has been working with Project Architect David Fox over the past several months on development of plans for the Pageant Grounds Renovation Project. Preliminary concept plans were presented to the Town Council on April 2, 2012 and May 7, 2012. PREPARED BY: TODD CAPURSO Director of Parks and Public Works Reviewed by: n/a Assistant Town Manager ri/a, Finance n/a Town Attorney N.NPPW\MANAGEMENI'\COUNCIL\COUNCIL REPOFTS\'-)012 Reportsvuly Mannge?s AutholityTPW JOB NO 12-1t Pagnixt Grounds.Renovations.Award.dwx PAGE 2 JULY 19, 2012 MANAGER AUTHORITY SUBJECT: PPW JOB NO. 12-01 — PAGEANT GROUNDS PHASE 3 IMPROVEMENTS RENOVATIONS 4t t-831-1201, BACKGROUND (conV-d A: .After review and discussion of alternative designs, staff was given direction for final design of the project, DISCUSSION: The Town Co-uncil approved plans and specifications for the Pageant Grounds Renovation project and authorized staff to advertise the project for bids at the Town Council meeting held June 18, 2012 (Attachment 1), On July 13, 2012, two bids were received for this project (Attachment 2j. Staff reviewed both. of the bids and determined that Bearden Construction Co. Inc., dba. CB Concrete Construction, Inc. is the lowest responsible bidder, and is the most responsive to the Town's fore al bid process, CONCLUSION: It is recommended that the Torn Manager execute a construction contract (Attachment 3) to Bearden Construction Co. Inc., dba CB Concrete Construction, Incin an amount not to exceed $296,325. Additionally, due to the variables associated with this particular type of construction, it is further recommended that the Town Manager authorize staff to execute future change orders as necessary to the construction contract in an amount not to exceed $30,000 for additional quantities of work that may exceed the original scope of work included in the contract. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA but is Categorically Exempt (Section 15301c), A Notice of Exemption will not be filed, FISCAL IMPACT: There are sufficient funds available for this Project as demonstrated in the fiscal table on the following page. PAGE 3 JULY 19, 2012 MANAGER AUTHORITY SUBJECT: PI W JOB NO, 12-01. — PAGEANT GROUNDS PHASE 3 IMPROVEMENTS -- RENOVATIONS 4,11-831-1201 FISCAL IMPACT (cont'd): Avidlable aTvnded( Proposed Budget Fmcumbered Contract Future -Av"Mflable FY 2012/13 Fiscal liupact Funding To Date Amount Conunitnients "'Balance., 411-831-1201 S 700,054 43,000 $ 326,325 $ 139,880 '$ : 190,849' TOT.M.'s $ 43,000 $ 326,325 S 139,880 Attachments: 1. June 18 Town Council Report 2. Bid Summary 3. Construction Agreement p 6 Z ATTACHMENT I ol U4 0 > tv 113 451 x A R z > w Q'i 0 > T • V, 50 'I t4 ru 8 u 3.2 7!S in Ej r. ATTACHMENT I Ll ol U4 0 > tv 113 a x A z > w Q'i > • V, 50 'I t4 ru 8 u Ej 44 va Y,i Ix C•4 t', 9 i t � W,> M – 2- � 9- .0 a C,-' 0 0 I0 45 cc r,-4 3 3 g tn �i .v I I NO 5. t,2 b, Ll !% - . �2�\ / � ) q'�.2�� .� \ ! y»@ ��« t . f �� � � � z ©® � \/ � � `� � � � ��Z } \� \© rt \�`} . ca Vy %. a bli C14 r1lca cat rf g4 Attachmtnt 2 CJ T- C, M &- _,j 0 N OF Print Form: AGREEMENT / AMENDMENT ROUTING COVER SHEET �O8 GAOS July 30, 2012 Initiating Department: Parks and Public Works Contact Name/Phone: Kevin RohAni /408 -3n -5773 Agreement Title: Agreement between the Town of Los Gatos and Bearden Construction Co., Inc, dba CB Concrete Constrruu Term of Agreement: FromJuly 19, 2012 To December 30, 2012 /Date Approved By July 19,2012* Item or Resolution #: N/A Gouneff: *Manager's Authority Vendor Name: Bearden Construction Co., Inc. dba CB Concrete Construction, Inc. Vendor #: 1203 Vendor Email: CBconcrete @msn.com Vendor Phone: 408 - 640 -3043 Vendor Contact: Christopher Bearden, President Business License #: 31439 Insurance (IHH) #: 12.006 Expiration Date: December 31, 2012 Expiration Date: August 22, 2012 ❑ Insurance waiver requested (a completed Release of Liability is attached) Please Select One: S 0 This is a standard agreement form that has not been altered. Alterations have been made to the following paragraphs) /section(s): Amount of A2reemeul: $296,325 Program and Account #: 411 -831 -1201 Routing Action(s) Date Completed Signature 1. Clerk Administrator 1. Assign A reement # 12-191 T 3� Qi Z ! --Pp "�'/ 2. Check Insurance 1. Confirm Funds Budgeted 2. Verify Purchasing Policy - �°7 2. Finance Compliance / I % 3. Check Payment Terms 3. Town Attorney 1. Approve Insurance Waiver p5 ✓ /'n J ?� Q v► / 461 2. Sign Agreement 4. Town Manager 1. Sign Agreement =-.- 1. Scan and file agreement 5. Clerk Administrator 2. Notify Department (Department sends agreement to vendor) Agreement Narrative: If your agreement has gone before the Town Council for approval, please reference that fact and include a very brief description of the purpose of the agreement. If your agreement has not gone to the Town Council for approval, included a discussion of the purpose of the agreement, how the Town's purchasing procedures were followed, and any special instructions. Please insert your narrative here: Attachments: Agreement between the Town of Los Gatos and Bearden Construction Company Inc. dba CB Concrete Inc. for PPW Job No. 12-01 Pageant Grounds Phase 3 Improvements - Renovations. a Town Manager authorized to executive this contract on July 19, 2012 (see attached PPW Memorandum/Town nager's Authority dated 19, 2012). ❑ Agreement Signed by Vendor. Identify number of duplicate originals: 1 w /Exhibit A (Bid Summary) ©X Exhibits to Agreement (Please list) Attachment 1) PPW Memorandum/Toy n Manager's Authorit ©X Copy of insurance certificates or Release of Liability ©X Originals of Bonds issued for contract 0 First page of Town Council Report dated Julv 1 lk n,ACZ l �G�L� yVtl. *'2—t4 �?