Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.June 10, 2020DocuSign Envelope ID: D7915D80-5972-4BAC-B5E5-5AD2E2D34B4F E-FILED 6/1 0/2020 1:35 PM Clerk of Court F DAVID MARKS Stt B N 136567 SUperiorcoun OfCA’ “ ’ a e ar 0' County of Santa ClaraR ,. , .gammagfigggifiwm 2570 W. E1 Camino Real, Suite 400 Reviewed By: P. Lai Mountain View, CA 94040 (650) 428-3900 Attorney for TOUFIC JISSER dba TY] INVESTMENTS SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA TOUFICJISSER dba'm INVESTMENTS No. 20CV367169 Plaintiff, COMPLAINT FOR: 1. Breach 0f Contract vs. 2. Negligence 3. Negligent Misrepresentation BRAVO BUILDING CO. INC, a California 4. Accounting Corporation; GREGORY DI LORETO and DOES 1-20 Defendant GENERAL ALLEGATIONS 1. Toufic Jisser dba TY] Investments (“Plaintifim 0r “TYJ”) is the owner 0fthe property commonly kncwn as 1253 West El Camino Real, Sunnyvale, Santa Clara County, California (the “Property”). 2. Plaintiffis informed and believe and 0n that basis alleges that Bravo Building C0. Inc. (“BBC”) is a California Corporation, licensed by the State ofCalifornia and is doing business as a general contractor in Santa Clara County. 3. Plaintiff is informed and believe and 0n that basis alleges that Gregory Di Loreto (“Di Loreto”) is an individual and the responsible managing Officer ofBBC. 4. The true names and capacities 0f Defendants sued herein as DOES 1 through 20, inclusive, are unknown t0 Plaintiff, who therefore sues said parties by such fictitious names. Plaintiffs will amend this Complaint to allege their true names and capacities when Complaint -1 _ DocuSign Envelope ID: D791 5D80-5972-4BAC-B5E5-5ADZE2D34B4F $WN OOOONO\‘JI ascertained. Plaintiff is informed and believe and, based upon such information and belief, allege that each of the fictitiously named Defendants is responsible in some way for the occurrences, conduct, acts and omissions alleged herein and that the relief sought by Plaintiff was proximately caused by such Defendants 5. At all times herein mentioned, each 0fthe Defendants was the agent, servant, representative, officer, director, owner, shareholder, partner, alter ego, 0r employee 0f the other Defendants and, in doing the things herein alleged, was acting within the scope and course 0f his/her/its authority as such agent, servant, representative, officer, director, owner, shareholder, partner, alter ego or employee, and with the permission and consent 0r at the direction of each Defendant. Each 0fthe Defendants knew of, ratified and accepted the acts 0f each other Cross-Defendant. 6. On 0r about June 6, 2019, TYJ into a construction contract (the “‘Contract”) for certain improvements at the Property (the “Project”). The Contract and Exhibits E and S are attached as Exhibit A. On June 10, 2019, Di Loreto told Joe Jisser If the concrete panels were staggered, the overall cost could be reduced. 7. On June 20, 2020, Di Loreto told Joe Jisser that if Plaintiff agreed t0 spend $10,000 in additional funds that it would reduce the overall cost. 8. By the Contract, BBC agreed t0 remove and replace concrete panels for a price 0f $194,275 and t0 be completed within sixty (60) working days. 9. BBC started work 0n Or around July 3, 201 9 10. Exhibit E t0 the Contract allowed for Change Orders t0 be executed in writing. For these Change Orders, BBC would use a fifteen percent (1 5%) markup 0n all actual costs incurred t0 complete the Change Order. I l. During the Project, BBC and TYJ entered into three Change Orders. Exhibits B, C and D. These Change Orders did not extend the time. In addition, these Change Orders did not break out actual cost nor the markup. The Project cost was changed t0 $206,242 (this is per invoice 2). Complaint -2- DocuSign Envelope ID: D7915D8C-5972-4BAC-85E5-5AD2E2D34B4F 1 12. TYJ has asked for all backup for these Change Orders to confirm actual costs. 2 BBC has refused to provide this information. Based 0n information t0 date, the only Change 3 Order that appears to be correct is the Change Order Number One which is included in 4 Invoice Number 2. 5 13. Invoices Numbers 2 through 5 are attached hereto as Exhibits E, F, G, H and 6 I. There was never an Invoice Number 1 sent to Plaintiff. Invoice Number 2 refers t0 Invoice 7 Number 1 and a $25,000 deposit. Plaintiff has paid every invoice except for Number 5. 8 14. Di Loreto told Joe Jisser that TYJ needed t0 prepay $28,980 t0 fabricate five 9 concrete panels for the Project. TYJ paid this amount and understands the panels were 10 fabricated. H 15. Beginning in March 2020, BBC demanded payment Of $25,000 before it 12 would d0 any more work as shown 0n Invoice Number 5, Exhibit I even though this invoice 13 shows no work t0 support this requested amount. Payment 0fthis amount would be 90% 0f l4 the Project cost. 15 16. BBC has been inconsistent when it could finish the Project. Di Loreto stated 1: that if paid it could finish the work by the end of April. Then Di Loreto stated that because 18 0f COVID, he could not d0 any construction, However, he continued to demand the 1 9 $25,000. 20 l7. As 0f April 15, 2020, TY} is informed and believes and 0n that basis alleges 21 that Project was 75% complete and had paid a total 0f $250,237 t0 BBC. 22 18. Defendant continued t0 refuse to provide any backup for change orders t0 23 prove that they were based 0n actual costs plus a markup. Based 0n this refusal, Plaintiff is 24 informed and believes, and 0n that basis alleges, that Change Orders 2 and 3 are improper. 25 19. TYJ demanded the concrete panels that it has paid for. BBC refused to allow 26 TYJ t0 have the panels. 27 20. On Friday April 17, 2020, TYJ terminated the Contract. 28 21. BBC improperly placed a lien 0n the Property for $59,1 80. Complaint -3- DocuSign Envelope ID: D791 5DBC-5972-4BAC-85E5-5AD2E2D34B4F 22. Defendants did not properly supervise the project, did not timely complete the project and overbilled plaintiffs. . 23. TYJ has hired another contractor t0 complete the Project at a cost of $40,783.00 24. Plaintiff has been damaged in the amount 0f at least $84,778. Final damages will be subject t0 proof. FIRST CAUSE OF ACTION BREACH OF CONTRACT (AGAINST BBC AND DOES 1-20) 25. Plaintiffs incorporate by reference paragraphs 1 through 20, inclusive, above as though set forth entirely herein. 26. Prior t0 termination, Plaintiffs had performed all actions required 0f them by the Contract. 27. As stated above, and incorporated herein, BBC has breached the Contract based 0n, but limited t0: o Failure t0 properly supervise the work. o Failure t0 maintain the agreed upon-schedule. o Failure t0 complete the work 0n budget. o Failure t0 properly completé the Work. 28. TYJ has been relieved 0f any further obligations WHEREFORE, Plaintiffs prays for judgment as more fully set forth below. SECOND CAUSE OF ACTION NEGLIGENCE (AGAINST ALL DEFENDANTS AND DOES 1-20) 29. Plaintiffs incorporate by reference paragraphs 1 through 24 above as though set forth entirely herein. 30. Defendants owed a duty 0f care t0 Plaintiff t0 act reasonably in the Complaint -4- DOCUSign Envelope ID: D7915DBC-5972-4BAC-BSE5-5AD2E2D34B4F (E(‘A Law Pannun LLP 2570 \\‘ H ('nmmo chl‘ Suik: 400 Mounlmn \‘um. ('A ‘NIMU (65A) HZX-DXX) construction undertaken at the Property and to produce panels reasonably fit for their intended purpose and free of defects and deficiencies in a good and workmanlike fashion and t0 comply with all building codes and regulations and manufacturer recommendations. 3 1. Defendants could reasonably foresee that Plaintiff would rely on Defendants t0 produce a project reasonably fit for its intended purpose, free 0f defects and deficiencies, and t0 not create property damage. 32. Defendants, and each 0f them, breached the duty 0f care by failing t0 assure that work was completed properly, that the materials and products installed were not defective 0r improper for the use t0 which they were put, that subcontractors and employees were qualified, and that they were coordinated and directed properly. 33. As a direct and proximate result 0f the Defendants’ breach, Plaintiffs have been damaged in an amount in excess 0fthejurisdicti0nal minimum 0fthe Superior Court 0f California 0f Unlimited Jurisdiction, such damages t0 be proven at trial. WHEREFORE, Plaintiffs pray for judgment as more fully set forth below. THIRD CAUSE OF ACTION NEGLIGENT MISREPRESENTATION (AGAINST ALL DEFENDANTS AND DOES 1-20) 34. Plaintiffs incorporate by reference paragraphs 1 through 36 above as though set forth entirely herein. 35. Plaintiffs are informed and believe and based thereon allege that all relevant times, Defendants knew 0r should have known that the representations they made were false. 36. As a direct and proximate result 0f the misrepresentations alleged above, Plaintiffs have been damaged in an amount in excess ofthejurisdictional minimum 0fthe California Superior Court ofUnlimited Jurisdiction, such damages t0 be proven at trial. WHEREFORE, Plaintiffs pray forjudgment as more fully set forth below. Complaint -5- DocuSign Envelope ID: D7915D80-5972-4BAC-BSE5-5AD2E2D34B4F ((7 «W \ l am Panncn LH’ , ‘ I; r, ‘ , ; . ummn ’wmt‘A ‘Mwn suuzx-vxm MAW“) OOOONO FOURTH CAUSE OF ACTION SLANDER OF TITLE (AGAINST ALL DEFENDANTS AND DOES 1-20) 37. Plaintiffs incorporate by reference herein each and every allegation contained in paragraphs 1 through 32, inclusive, with the same force and affect as if such allegations were set forth in full herein. 38. On 0r about May 22, 2020, Defendants recorded an improper lien 0n the Property. 39. The recording ofthis lien has caused damage t0 TYJ, including but not limited t0 depriving TYJ’S full use, enjoyment, and right to the Property. Plaintiff has been damaged in an amount t0 be determined at trial but not less than $100,000. WHEREFORE, Plaintiffs pray for judgment as more fully set forth below. FOURTH CAUSE OF ACTION ACCOUNTING WITHOUT A LICENSE (AGAINST ALL DEFENDANTS AND DOES 1-20) 40. Plaintiffrefers to and incorporates the allegations contained in paragraphs 1 through 34 inclusive, as though fully set forth herein. 41. Plaintiff has paid BBC approximately $250,237. 42. Plaintiff cannot determine how the funds paid t0 BBC were used or whether the invoices were correct without an accounting 0f receipts and disbursements. Wherefore, plaintiffs pray judgment as set forth below. PRAYER Complaint -6- DocuSign Envelope ID: D791 5D80-5972-4BAC-B5E5-5ADZE2D34B4F (W lam Pnnncn LLP QWN OOOOQON H 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 L? ‘ 25711 W Ii] ( amino RcsIL Smlc 44m \ mmmm \ icu. (“\ ‘Nu-m msnmsmm WHEREFORE, Plaintiffs pray for damages as follows: 1. For damages 0f at least $84,778 according t0 proof; 2. For an accounting; 3. Costs ofsuit; and 4. For such other relief as the Court deems proper. Dated: June ___ 2020 GCA Law Partners, LLP 6/10/2020 DocuSlgned by: By: ’5. Owl W5 E. David Marks Attorneys for Plaintiff Complaint -7- DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2D34B4F EXHIBIT A D g E ope ID: D 5D -5972-4BAC-B5E5-5AD2E2D B I DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2D34B4F (BBC) - Bravo BUIldlnq CO., Inc. An Engineering & General Contractor Co. CA License #716268 NV License #45871 539 Garcia Avenue, Suite A, Pittsburg, CA 94565 Phone: (925) 432-1314 - Fax: (925) 432-7103 www.bravobuildingco.com Proposal # 190605- Rev 1 Pg 1 of 2 Date: 6/5/2019 Job Name: Fence Repair at 1253 West El Camivno Real BBC Job# 1918 Owner/ Contractor Mr. Joe Jessir Attn: TYJ Investments Address: PO Box 41005 San Jose, CA. 95160 Contact# : 408-815-3303 Fax: Email: Joe@TYJonline.com RCL Structural Engineers lnc.-Proj#1633-Pgs. $1.0, $2.0A, Plans by: 32.03 363,0 dated 03/21/18 Rev: N/A Addenda: N/A ‘ asuc - e oncre e ane s approx. , emo e o. uppo s, ew o . uppo s. weep ence areas c ean, Off haul trash from this SOW. All work as per plan and as further stipulated herein SectJDivs: ()2, 03, 05 & 06 Cost: $194,275.00 Ref: cost schedule @ pg. 2 Job Schedule: N/A to be determined - Est.(60) total working days) Sales Tax mcIuded; Yes Bravo Building Co., Inc. aka (BBC) hereby submits this bid proposal as agreement between the parties as strictly stipulated below for Clarity, comparison to the plans (if applicable), specification and cost of materials, labor and services. Included: F.O.B. Job site - Supply & Install Exceptions - Not Included / Excluded >a|l equipment, labor and materials to complete only the R&R, Demolition & (n) Col. work as shown on the plans A Bid, Payment or Performance Bonds Repair to any latent or concealed materials or work later found to be defective 1- Mobilize, Demo, Sweep & Offhaul as required 3 Any/Other-Gov., State, City or County approvals. 2- R&R (e) Concrete fence panels 4 Removal & Re-lnstall of any other (e) Existing items 5 6 N 3- Demo (e) cols/supports FinaI-Janitorial Clean up 4-S&| (N) concrete piers and Col supports Errors, omissions, delays etc. of Pro. Consultants or other 5- S&i (n) 4 x 12 PT wood rail cap Vendors, subcontractors work product. **Note-See pg 2 of 2 7 Plans, Permits 0r Fees of any type Conditions: 8 Any other work, materials, labor, services etc. not A-This is proposal was bid as a(regular time)__ Prevailing Wage specifically mentioned as "Included" herein this proposal Rate 0T _2<___ Standard Rate & DFOJGCt 'Oca' t0 the City 0f 9 Temp. Exterior Entry safety barricades or protection Sunnyvale, CA. 07:00 to 16:00 Monday through Friday. 10 Reports, Inspections 0r Abatement Of any type Of B- AH work shall be performed in a professional matter with quality . hazardous materials workmanshlp. C_ Work she” be completed m a “mew manner and any 11 Front Entry curbside reserved spaces throughout duration performance 0r schedule delays shall be notified t0 owner. D-. Any 12 Local Bldg. 0r Fire dept Inspections 0r approvals extra work beyond this agreement scope ofwork will only be 13 Traffic Contr0| & signage erformed after a written Chan e order. , ,p g 14 Consultants Work, Testing or Inspection Payment Terms 15 Overtime Work Progress invoicing every 2 weeks. 15% or $30,000.00 15 Umon labor agreements 0r WOI'k GonseSSionS payment due upon contract/proposal acceptance and prior t0 17 (PLA) - Proiect labor aqreements any procurement of permits, submittal issuance or material 13 Work performance schedule by Others order- ”Note see pg 2 of 2 Wankyou for {fie opporfunify f0 Binourprgecf: This ProposaI-Quote expires @ 17:00 on June/14/2019, as Greq Di Loreto, Email: qd|@bravobui|dinqco.com nulI-void Bravo Building Company, Inc. Date: June 6, 2019Accepted by Owner or Contractor: //%/é DocuSign Envelope ID: D7915D8C-5972-4BAC-BSE5-5AD2E2D34B4F (BBC) - Bravo Buildinq Co., Inc. An Engineering & General Contractor Co. CA License #716268 NV License #45871 539 Garcia Avenue, Suite A, Pittsburg, CA 94565 Phone: (925) 432-1314 - Fax: (925) 432-7103 www.bravobuildingco.com “amaomc co.mcw Prpposalit 190605- Rev 1 ' Pg 2 Vof 2 ¥ Date: 6/5/2019 Scope of Wo'rk - Cont; Alternates: For Owners consideration, to be added to Total as an additional cost if opted for by Owner Alt. N/A "Included" Cost Schedule: Qty Unit $ Cost Extension 1- Mobilization, Demo, & Off haul 1 LS Inc. 2- R&R (e) Concrete Fence Panels 1 LS Inc. 3- Demo (e) Col supports 1 LS Inc. 4- S&l (N) Piers & Col. Supports 1 LS Inc. 5- S&l (n) 4x Fence rail cap 1 LS Inc. Total Cost $ 194,275.00 Other Specifications - Cont: 1- Sweep clean will be be for our scope only. 2- Demo/Remove means that BBC has full custody of any such items and may act upon such at BBC‘s authority & discretion. 3- Job walk with Owner/GC prior to work commencement. (Owner/GC to remove any items for salvage). 4- BBC shall not be responsible for the condition of the substrate surface of any items demo‘d or removed. 5- Enough (E) lighting will remain as needed for temporary lighting. BBC will have full access t0 the back of Bev M0 parking lot for equipment and material staging. 6- Exhibits "E" and "S" are Included and attached. Other Conditions/Exceptions - Cont: D- ls generated describing the extra work & cost. Change orders must be signed by both parties prior 0f commencement of work. F- If this proposal is accepted then no other agreement shall follow. G- If other agreement between BBC & Owner or GC for this work is required it shall be mutually acceptable between the parties H- This project was Bid as (3) Move Ins & Finish. E- Salvaging or storing of any other (e) materials or equipment shall be done by others. l- Owner Shall supply BBC with (4 )reserved Entry parking spaces, water, electrical, restroom usage at no Charge and free and open access t0 site for material storage & ' operation as required. J- Any (n) patching 0r repairs work to any surface~substrate from which (e) materials are removed is excluded. K- All work t0 be performed in fair weather, no rain or adverse conditions. L- No responsibility for tree, landscaping or irrigation etc. M- Property Surveyor preparation and work to be done by others. N- No responsibility for (e) concrete panels for breakage or damage during execution of this SOW or during storage period. 0- BBC shall be entitled to exoercise all of its legal rights per the State of California during its execution of this SOW. P- Abbreviations: SOW= Scope of Work, N|C= Not Included, S/l= Suppiy/lnstall, E,e= existing, N,n= new, R&R: Remove & Replace. Q- All off haul of excavated soiI/spoil materials shall be charged as per Exhibit ""E R- Included with this Agreement are: Attachments/Exhibits "E" and "S' Extra wmk and Cost estimated “t0 be $10,000 Other Exclusions - Cont: 19- Guaranties 0r warranties beyond or other than that of the material manufacturers of these products. 20- Salvaging or storing of any demo materials. 21- Temp Protection of (e) surfaces, equipment, materials etc. 22- Material Submittals, OSHA permits, OSHA violations by others. 23- Any Landlord requirements. 24- Resv. 25- Electrical or Plumbing retrofit work. 26- Any additional work per APPROVED Bldg. Dept. Plans. Liquidated damages of any sort. 27- Screening/Temp Structures along neighboring properties, 28- Property line survey work, 29- Any work pursuant to USA survey 30- Dirt spoil off haul, 31- (e) Tree cutting, removal or working around. Page 2 - Owner/Contractor signature acknowledgement: fl é? EK' Dated June 5 2019 DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2D34B4F Exhibit E Labor, Fees & Equipment Rates Fees and Costs for T & M + Fee Aqreements -- Extra or Change Order Work: BBC’s charges, fees and rates shall be itemized, defined, calculated and invoiced by BBC. Payments made by Owner shall be as set forth in BBC’s Construction Agreement. As stipulated herein, Contractors fees of 10% for BBC’s General Administration/Conditions Costs and 5% for Profit and Overhead shall be added to the sub total cost of BBC’s reimbursable expenses, vehicle mileage other than To/From jobsite will be Charged at (.95 per mile), materials, subcontractors, permits, fees, temporary facilities and services, BBC’s labor and equipment (at the rates stipulated herein this Exhibit), etc., and charged to Owner accordingly. An example of this would be: if computed weekly labor Charges were a total $500.00 and the material charges were $150.00 the sub-total would be $650.00 then that amount would be multiplied by a 15% factor (per the above stipulated items) thus totaling an invoice amount of $748.00. BBC Labor Rates: The hourly labor rates BBC will Charge for time & material, cost plus a fee Agreements and/or "changed or extra" scopes of work that BBC employees perform will be as follows below. Said labor rates are for regular Work Weeks Monday through Friday or as otherwise negotiated. Regular Work Week hours are from 07:00 am to 3:30 pm with (2-10 minute breaks at 10:00am and 2:00pm and 30 minutes for lunch at 12:00) and limited to 8 hours per day and/or 4O hours per week. Any overtime shall be Charged at 1.5 times the regular Work Week Labor rates. Holiday Charges will be at an additional Charge no less than (2x‘ - Double regular rate) and subject to BBC‘s discretion. All Labor rates shall be calculated to the nearest half hour and are also subject to the Contractor‘s fees. Office/Admin: Principle- $185ph, Senior Project Mgr.- $100ph, Project Manager/Estimator-$90ph, Project Supervisor- $85ph, Office Manager- $50ph, Administrative Assistant- $40ph, Jobsite Clerk/Runner-$40ph On-Site Construction: Construction Laborer Apprentice- $50ph, Construction Laborer Journeyman- $55ph, Foreman Laborer/Equipment Operator- $65 ph, Apprentice Carpenter, Plumber, Electrician, Tile setter, Mason- $65ph, Journeyman Carpenter, Plumber, Electrician, Tile Setter, Mason- $75ph Foreman Carpenter, (+ any other trade craft) -$85ph, Superintendent- $90ph DocuSign Envelope ID: D7915D80-5972-4BAC~B5E5-5AD2E2D34B4F j: ote: (A) The hourly rate above will include the supply and usage of the individuals personal tools and/or equipment as well as standard light hand tools (Le. saws, drills, roto- hammers, blades, ladders, |ightetc.). Consequential supplieS/materials fordemolition and the use of a Pickup truck as suppiied by BBC. B) An additional minimum flat fee of$150.00 per day will be added to the hourly rates and charged for every day that a BBC crew member and/or employee makes a trip to be present on the project site. C) The amount to prepare this Agreement , for this project is $00.00. BBC Equipment (only) Rates: The equipment rates BBC will charge for time and material, @ cost plus a fee and "Changed or extra" scopes of work performed with BBC’s equipment are as follows. Stipulated rates include fuel, insurance, servicing and maintenance. Hourly operator Charges will be billed as stipulated herein this Exhibit. A flat rate of $250.00 will be Charged for the import (move-in) and export (move-out) of each piece of equipment, however additional costs related to import and export may be Charged due to load size or distance. “Note that equipment rates are subject to contractors fees. Hourly: Daily: Weekly: Monthly: CAT Hi Reach TH, 460 $55 $250 $1 ,100 $3,200 Mobile Office 10'x24’ n/a n/a n/a $800 Ingersol Rand Compressor $40 $120 $400 $1 ,OOO Generator -- Multi $40 $200 $600 $1 ,800 ATV 4x4 $40 $90 $250 $1 ,OOO Cat- 257 Multi-Terrain Loader $55 $250 $1,000 $2,900 Cat-246 Trencher $40 $100 $300 $1 ,100 Caterpillar D4M Bulldozer $80 $420 $1 ,600 $4,800 Caterpillar 305CR Excavator $55 $350 $1,200 $3,600 Caterpillar 31 2 Excavator $80 $350 $1 ,600 $4,800 Scissor Lift-High Reach $40 $90 $225 $700 Caterpillar 420 Backhoe $55 $250 $700 $2,100 Ford F-75O Dump Truck 8'x16' $55 $250 $600 $1 ,800 Water Truck 2000 gal $55 $250 $600 $1 ,800 Port. Rest Rooms- double wide n/a n/a n/a $750 John Deer 210 - Skip Loader $55 $250 $1 ,OOO $2,900 CAT 66" Pad Drum Compactor $55 $350 $1 ,200 $3,600 *Above rates do not include transportation, utility hook-up, operator labor, operation fuel, servicing, nor applicable taxes. Such charges shall be incurred in the normal operation of the equipment or at a flat rate as determined by BBC.* DocuSign Envelope ID: D7915D805972-4BAC-B5E5-5AD2E2D34B4F EXHIBIT - S Additional Construction Services, Project Conditions, and Scope of Work Project Description: 1253 El Camino Real - Sunnyvale, CA -- Property Concrete Fence Demo and Replacement Date: See Agreement (attached) The Owner understands and authorizes BBC to engage and manage the following work tasks as follows; 1. BBC shall have and will be able to obtain and have clear and workable access for the duration of the project to aH fence repair areas even if neighboring properties need to be utilized to gain such access. BBC shall (in conjunction with the Owner) give the neighboring property Owners/Occupants 14 days’ notice prior to the commencement of work. BBC shall retain the services of a Civil Engineer or Licensed Surveyor to provide certified markings as to the location of the Owners property lines 0f which the New Fence shall be placed within/inside of Owners actual Property Line (+ ~ 12"). For additional work or (as not included/excluded in the Agreement) BBC shall be entitled but not required to utilize the services of Owners Vendors to accomplish such tasks. . BBC shall have free and unencumbered access to the entire back area of the BevMo Building for the duration of the project. This shall be for parking, equipment/material storage and staging of the work. BBC shall take precaution of the existing facilities but shall not be held responsible or liable for any damages sustained to any 0f the areas, places or portions of any building which BBC shall need to access to or through in order to accomplish this work. BBC shall contact the Design Engineer for this project and pursue a design change revision which would provide a better, more streamline design and potentially lessen the overall cost. The conclusion of this re-design shall be memorialized with a Change Order for Owners signature. DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E203484F 8. The top of the (n) new fencing will be level however the top of the fence elevation may change (higher or lower) as it follows the adjacent ground finish grade. The bottom of the fence shall be embedded in the bottom grade approx. 6 to 12 inches. 9. Due to the (n) new fence layout and in avoidance of specific job conditions, trees, vegetation etc., Additional piers/columns/panels etc., will be required to be installed and at various layout dimensions as needed. 10. If BBC engages any of the above activities or Additional Construction Services then BBC shall be entitled to charge the Owner for such pursuant to the rates, fees and formula's set forth in Exhibit E (attached). DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2D34B4F EXHIBIT B D g E ope ID: D 5D 0597 5AD E D I DocuSign Envelope ID: D7915D80-5972-4BAC-B5E5-5AD2E2D34B4F T0: The Owner & Client Change Order/Extra Work Authorization No.01 dated 21/August/2019 This Change Order has been generated by Bravo Building C0,, Inc. herein referred t0 as (BBC), for the undersigned, Toufic Jessir and/or TYJ Investments, herein referred t0 as (The Owner and/or Jessir), as per the executed General Construction (Fixed Fee) Proposal & Agreement- # 190605-Rev1 dated June 05, 2019 herein referred t0 as (The Agreement) for Project work at the project location identified as “Fence Repair” - 1235 West E1 Camino Real - Sunnyvale, CA. This Change Order is provided to Owner for acknowledgment and execution. Both parties recognize and approve the reasons and the increase or decrease in cost for either 0r all 0f the following changes; 1. In the agreement language 2. Scope 0f Work performed 3.Procedure/Technique applied 4.Qua1ity/Ca1iber 0f materials to be used. Once this Change Order is executed by BBC’S and Owner’s signatures, it shall become irrevocable and a part 0f and subject t0 the Agreement referenced above and will be enacted upon by both BBC and Owner in good faith. 1) Engage a professional Land Surveyor t0 confirm and establish staking points 0f Where the project property lines are located so that fence can be re-built within the Owners property. Cost for this Change/Extra Work: $4767.00 2) Engage the Design Structural Engineer of record to redesign the fence construction so that the concrete panels can span up to max width 0f 15‘ and lap on each side of the (n) steel Column to facilitate a more simple construction process. Cost for this Change/Extra Work: $6071.00 Owner/Project #NP-021-2018/CO#1- dated 01/02/2019 Page 1 of2 Pages DocuSign Envelope ID: D791 5D8C-5972-4BAC-B5E5-5AD2E2D34B4F 3) Project Management to cycle the revised plans through City of Sunnyvale Bldg. Dept. to procure approval and Building Permit. Cost for this Change/Extra Work: $1129.00 Cost for this Change Order/ExtraWork Authorization #_1_ (Items 1-3) as approved and accepted by BBC and Owner ................................................... $11,967.00 Additional workdays required t0 complete the work as herein described ......................................................... gN/A! WORK DAYS Note: This document should be signed by the concerned and identified Parties only if they comprehend and agree with it as written. After signature execution the Owner shall return this document t0 BBC immediately via email and 0r fax, and the original should be sent via USPS Mail thereafter. Acknowledgment and Authorization: (signature) By: Toufic Jessir Title:gm Dated: August 27, 2019 jsignaturez By: Gregory Di Loreto for (BBC) Title: as President 0f(BBC) Dated: August 27, 2019 Owner/Project #NP-021-2018/CO#1- dated 01/02/2019 Page 2 0f2 Pages DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2D34B4F EXHIBIT C DocuSign Envelope ID: D7915D8C-5972-4BAC-BSE5-5AD2E2D34B4F T DocuSign Envelope 1D: D7915D80-5972-4BAC-B5E5-5AD2E2D34B4F T0: The Owner & Client Change Order/Extra Work Authorization No.02 dated 0/September/2019 This Change Order has been generated by Bravo Building C0,, Inc. herein referred t0 as (BBC), for the undersigned, Toufic Jessir and/or TYJ Investments, herein referred t0 as (The Owner and/or Jessir), as per the executed General Construction (Fixed Fee) Proposal & Agreement- # 190605-Rev1 dated June 05, 2019 herein referred t0 as (The Agreement) for Project work at the project location identified as “Fence Repair” - 1235 West E1 Camino Real -~ Sunnyvale, CA. This Change Order is provided t0 Owner for acknowledgment and execution. Both parties recognize and approve the reasons and the increase 0r decrease in cost for either 0r all the following changes; A. 1n the agreement language B. Scope 0f Work performed C. Procedure/Technique applied D. Quality/Caliber 0f materials t0 be used. Once this Change Order is executed by BBC’S and Owner’s signatures, it shall become irrevocable and a part 0f and subject to the Agreement referenced above and will be enacted upon by both BBC and Owner in good faith. 1) The fence preexisted and is being rebuilt by order 0f the City 0f Sunnyvale. The alignment of the new/rebuilt fence is planned t0 exist completely 0n Owners property however this alignment is critical and very exact (having only a very small margin 0f error). Certain field conditions may cause a portion 0f fence t0 encroach 0n the neighboring property Owners land unless substantial effort and expense is spent to remove trees, limbs, underground obstructions and other existing conditions to assure this proper alignment and installation is made. In light of the above and because it may be a very slight encroachment the Owner will personally guarantee and has further agreed t0 and will save, waive any responsibility 0f, hold harmless and indemnify BBC from any damages or claims made by anyone (consequential 0r otherwise) should any such claims 0r actions be taken against BBC due t0 any encroachment 0n t0 neighboring property Owner‘s land. Owner/Project #190605 Revl- dated 06/05/2019 Page 1 of2 Pages DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5--5AD2E2D34B4F This condition shall survive and endure to any subsequent heir, Buyer, Owner, person(s) or other entity. Cost for this Change/Extra Work:$0.00 2. BBC Proposal/ Agreement stipulated that its cost was based on 350 LF of fence replacement. However, field measurements proved that there is actually 420 lf of fencing to replace. BBC's price of $194K divided by 350 equals a per LF unit price of $554.00 so, BBC shall charge the Owner the same unit price per lf for the extra 70lf of fencing replacement Cost for this Change/Extra Work:$38,800.00. Per out call - not agreed 3. BBC's proposal included a total of (30) new steel columns and reusing all the existing concrete panels. However, due to the (new/revised pier layout, avoiding other ( e) conditions and damaged/cracked concrete fence panels) it may be necessary to supply and install additional piers/columns and concrete fence panels. If so, BBC shall charge Owner the extra additional amounts as follows for: l) the new Steel Columns: Includes: layout, drilling, steel column, rebar, galvanizing, shipping, concrete and installation labor shall be ($2175.00) each and 2) the new Concrete Fence Panels Includes: New panels shall be 4" thick, 8' tall and between 8' and 15' long, texture finish to simulate (e) on one side only, delivery and Installation shall be $45.00 per square foot of surface area. Cost for this Change/Extra Work: TBD *** As noted above, for Pier/Columns complete and Concrete Fence Panel calculations. Example Concrete Fence Panel (1) x 4" x 8' x 15' = 120 sq. ft. 120 x $45.00 = $5400.00 Length of (n) panels will vary depending on field conditions. 4. BBC and its SubN endors will need to provide and maintain temporary screening of and protect the Apartment residents from the work involved with rebuilding this fence as well as full access to and over the adjacent Property Owners property. Any and all Materials, Provisions, Labor that BBC provides to accomplish this work will be Invoiced to Owner on a T &M Basis as provided in Exhibit E with its Agreement with Owner. Cost for this Change/Extra Work:$ T&M, as noted above. 5. As per the Plans and Specs a Special Inspector/Inspections is required for the steel columns fabrications, column Installation, concrete sampling etc. prior to installation. Any and all Materials, Provisions, Labor that BBC provides to accomplish this work will be Invoiced to Owner on a T &M Basis as provided in Exhibit E with its Agreement with Owner. Cost for this Change/Extra Work:$ T&M, as noted above. Owner/Project # 190605 Rev 1- dated 06/05/2019 Page 2 of 2 Pages DOCUSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2D34B4F Cost for this Change Order/Extra Work Authorization #2 as approved and accepted by BBC and Owner ...................................... $TBD and as noted above Additional workdays required t0 complete the work as herein described .......................................................... gN/A1 WORKDAYS (Submit amended project schedule/critical path to GDL) Note: This document should be signed by the concerned and identified Parties only if they comprehend and agree with it as written. After signature execution the Owner shall return this document t0 BBC immediately Via email and 0r fax, and the original should be sent Via USPS Mail thereafter. Acknowledgment and L\_’ Authorization: f V L/ V, V (SIgHature) By: Toufic Jessir Title: Owne; Dated: September 07, 2019 gsignature) By: Gregory Di Loreto for LBBC) Title: as President 0f (BBC) Dated: September O7, 2019 Owner/Project #190605 Revl- dated 06/05/2019 Page 3 0f2 Pages DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2034B4F EXHIBIT D D gn E ope ID: D7915D80-5972-4BAC-B5E5-5AD2E2D34B4F I DocuSign Envelope ID: D791 5D8C-5972-4BAC-B5E5-5AD2E2D34B4F T0: The Owner & Client Change Order/Extra Work Authorization No.03 dated 20/November/2019 This Change Order has been generated by Bravo Building Co., Inc. herein referred t0 as (BBC), for the undersignedi Toufic Jessir and/or TYJ Investments, herein referred t0 as (The Owner and/or Jessir), as per the executed General Construction (Fixed Fee) Proposal & Agreement- # 190605-Rev1 dated June 05, 2019 herein referred t0 as (The Agreement) for Project work at the project location identified as “Fence Repair” - 1235 West E1 Camino Real - Sunnyvale, CA. This Change Order is provided to Owner for acknowledgment and execution. Both parties recognize and approve the reasons and the increase or decrease in cost for either 0r all the following changes; A. In the agreement language B. Scope 0f Work performed C. Procedure/Technique applied D. Quality/Caliber ofmaterials to be used. Once this Change Order is executed by BBC’s and Own6r’s signatures, it shall become irrevocable and a part 0f and subject t0 the Agreement referenced above and will be enacted upon by both BBC and Owner in good faith. 1. As stated in previous emails, C/O‘s and Invoices with the Owner, additional Steel columns and Concrete panels are required in order to finish the project as follows below; a) (7) (n) standard Steel Columns (Unit cost = $2501 .25 x 7) Total Cost $17,509.00 b) (5) (n) 14‘ x 8‘ X 4” Concrete Fence Panels (Unit Cost = $5796.00 X 5) Total Cost $ 28,980.00 Owner/Project #1918 - dated 1 1/20/2019 Page l 0f2 Pages DocuSign Envelope ID: D7915D80-5972-4BAC-BSE5-5AD2E2D34B4F 2. As Stated in previous emails t0 Owner, BBC shall have approx. 100 cubic yards 0f dirt/spoil loaded and off hauled at the approx. cost of$1750.00 per 20 yard dump truck load. (5 x $1 750.00 = $8750.00) Progress Cost $8750.00 “Note additional loads 0f dirt/spoil will be generated in the course 0f the future work and thus such dirt/spoil will need t0 be off hauled. When that occurs BBC shall charge the Owner accordingly as an additional extra charge per future change Order. Cost for this Change Order/Extra Work Authorization #g as approved and accepted by BBC and Owner .............................................................. S 55, 239.00 Additional workdays required t0 complete the work as herein described ............................................. g as reguired) WORKDAYS Note: This document should be signed by the concerned and identified Parties only ifthey comprehend and agree with it as written. After signature execution the Owner shall return this document to BBC immediately Via email and 0r fax, and the original should be sent via USPS Mail thereafter. Acknowledgment and NAuthorization: J l _ \Afi‘ (signature) By: Toufic Jessir Title: Owner Dated: November 20, 2019 gsignature} By: Gregory Di Loreto for (BBC) Title: as President 0f(BBC) Dated: November 20, 201 9 Owner/Project #191 8 - dated 1 1/20/2019 Page 2 0f2 Pages DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2D3484F EXHIBIT E DOCUSign Envelope ID: D791 5D805972-4BAC-B5E5-5AD2E2D34B4F T DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5ADZE2D34B4F H; Wemw‘m‘ Bravo Building CO, Inc. An Engineering & General Construction Co. f a i s {3' xm 3-: ifs} s g ‘ ’ W” P.O. BOX 1130 Clayton, CA 94517 925_432_1314 License: CA 716268 Bill T0: TYJ Investments P.O. Box 41005 San Jose, Ca. 95160 giggémfimgm DATE: 7/15/2019 INVOICE # 1918~2 FOR: 1918 PAGE # 1 Of 1 1253 El lob: Camino Real Sunnyvale, Ca APN# 161-22-007 For the Period 0f& ending on 06/06/2019 - 07/15/2019 DATE DESCRIPTION HOURS AMOUNT 6/5/2019 Agreement Sent to Owner & Agreement Amount S 194,275.00 6/6/2019 Signed Agreement Received & Inv. # 1918-1 check was sent. 6/15/2019 ' mv. 1918-1 Paid S 30,000.00 Adjusted Agreement Balance $ 164,275.00 Approved Change Order/Extra Costs per Joe J. as follows; Surveyor work to establish (e) Property Lines $ 4,767.00 Contact SE and Revise Plans & Calcs to have (e) concrete panels s 6 O71 00 lapping and simplify construction ’ ' DUUIIHL HCVIDCU l'ldllTLU LUDUHIIYVGIC DUHUHIE UCVL. 0L DIUB. UCPL- $ 1 129 00 Revised Agreement Balance ( Inc. Lines 1, A, B & C above) $ 176,242.00 Progress Invoice this period S 50,000.00 O $ - Cont: pg. n/a x >905! 8w, [ax15:221/142153" v: zagzmxrv‘ m «M2 (July) INVOICE TOTAL S 50,000.00 Please make all checks payable to: Bravo Building Co., Inc. PREVIOUS INVOICES PAID S 30,000.00 PAYMENTS TO DATE (Retainer) $ ~ TOTAL REMAINING BALANCE (CREDIT) (N/A) s - DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2D34B4F TOTAL PROJECT COST TO DATE (w /Inv. 1918-2 as paid) $ Page 1 of 1 TOTAL OF INVOICE, FEES/EXPENSES (PAY THIS AMOUNT) $ 50,000.00 i o ID -4BAC-B5E ~5AD2E D 0 w/ - s - p 0H 0 NV , EXPEN PAY S NT) $ DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5AD2E2D3484F EXHIBITF D gn E ope ID: D -4BAC B5E5-5AD2E2D B I I F DocuSign Envelope iDI D7915D80-5972-4BAC-B5E5-5AD2E2DB4B4F Bravo Building C0, Inc. An Engineering & General Construction Co. M K K ‘ 5; hm} Mmomo COJN P.O. Box 1130 Clayton, CA 94517 925-432-1314 License: CA 716268 Bill T0: TYJlnvestments Joe@TYJoni§ne.com P.O. Box 41005 San Jose, Ca. 95160 DATE: 10/1/2019 INVOICE # 1918~3 FOR: 1918 PAGE # 1 of 1 1253 El Camino lob: Real Sunnyvale, Ca APN# 161-22-007 For the Period 0f& ending on 08/21/2019 - 09/30/2019 DATE DESCRIPTION HOURS AMOUNT Adjusted Agreement Balance Per Inv. # 1918-2 (Items A,B & C) 8 9 2010 176,242.00/ / Approved C/O-Extra Costs per Joe J. as follows; $ 8/17/2019 lnv. 1918-2 Paid S 50,000.00 Contract balance amount (carry over per Inv. # 1918-2) $ 126,242.00 T & M Charges for PM for Special Welding Inspector (S/I) (Progress) BBC 4.4 hrs Principal & 2 hrs Admin. $1032.00 & PJC-S/I Inv.#x277, LS $274.00 x 1.15 = $1502.00 $ 1,502.00 T & M Temp Facilities H&F Inv.# X5146, $157.10 X 1.15 = $181.00 LS S 181.00 S&l (4) additional steel Columns @ $2175.00 x 4 x 1.15 = $10,005 LS S 10,005.00 S&l 4 dd't' I 14‘ 8‘ 4" C C te F e P el 45.00 Sf.( )a I Iona x x 0n re enc an s @$ P LS $ 23,184.00 4 x 112 x S45 = $20160.00 x 1.15 = $23,184.00 T & M Charges for South Apartment Neighbor concerns, agreement and management (progress) BBC Principal 3 hours = $555.00 x 1.15 = LS $ 638.00 $638.00 9/30/2019 Revised Agreement Balance ( Inc. Lines A, B, C & D above) $ 161,752.00 9/30/2019 Progress Invoice this period S 85,000.00 Cont: pg. n/a n < (xx x «(H11 (September) INVOICE TOTAL S 85,000.00 Please make all checks payable to: Bravo Building Co., Inc. PREVIOUS INVOICES PAID $ 80,000.00 PAYMENTS T0 DATE (Retainer) S ' - TOTAL REMAINING BALANCE (CREDIT) (N/A) S - TOTAL PROJECT COST T0 DATE (w/o Inv. 1918-3 as paid) $ 80,000.00 page 1 0H TOTAL 0F INVOICE, FEES/EXPENSES (PAY THIS AMOUNT) $ 85,000.00 DocuSign Envelope ID: D7915D8C-5972-4BAC-B5E5-5A02E2D34B4F EXHIBIT G DOCUSign Envelope ID: D7915DBC-5972-4BAC-B5E5-5AD2E2DB4B4F E T DocuSign Envelope ID: D791 5D8C-5972-4BAC-B5E5-5AD2E2D34B4F Bravo Building Co, Inc. iwowfi An Engineering & General Construction Co. v 3;? >'; .‘ NJ, n'3 s z n f; ?;au y 5:; z.,5§§z';,s‘<‘;~‘: :7; QWLDING co.SN§:_ DATE: P.o. Box 1130 INVOICE # Clayton, CA 94517 I FOR: 925-432-1314 “cense' CA 716268 pAGE a Bill T0: lob: TYJInvestments JoeGBWJomme‘com P.O. Box 41005 San Jose, Ca. 95160 11/22/2019 1918-4 1918 1 of 1 1253 El Camino Real Sunnyvale, Ca APN# 161-22-007 For the Period 0f& ending on 10/01/2019 ~ 11/22/2019 DATE DESCRIPTION HOURS AMOUNT Adjusted Agreement Balance Per lnv. # 1918-3 (Items A thru E) 9 30 2019 161 752.00l l Approved C/O-Extra Costs per Joe J. as follows; s ’ 11/4/2019 Inv. 1918-3 Paid $ (85,000.00) Updated Contract Balance Amount (carry over per lnv. # 1918-3) S 76,752.00 '** (7) additional (n) steel columns per C/O # 3 (7 x $2501.00) L5 s 17,507.00 (5) additional (n) 14‘ x 8‘ x 4" Concrete Fence Panels per C/O # 3** LS 28,980.00 (5 x $5796.00) s M Load & Off Haul 100 yds or (5) ZOyd truckloads of dirt/spoil per C/O # LS S 8,750.00 3 (5 x $1750.00) 11/22/2019 Revised Agreement Balance ( Inc. Lines 1, A, B,& C above) $ 131,989.00 ** Contract Progress Invoice Amount (this period) LS $ 25,000.00 ** = Items/Amount lnvoiced Cont: pg. n/a H :>'2'>.4';«<*’ $225231«;»":'.,\;\.',5‘: ,1i225" xx ytx-i'ye x;zx:_-::.4<;:z*f (March) INVOICE TOTAL S 25,000.00 Please make checks payable to: Bravo Building Co., Inc. - (Bravo BCI) PREVIOUS INV‘S PAID S 250,237.00 PAYMENTS TO DATE (Retainer) S ~ TOTAL REMAINING BALANCE (CREDIT) (N/A) S - Remaining Balance S 21,757.00 TOTAL PROJECT COST TO DATE (w/O Inv. 1918-5 as paid) $ 250,237.00 Page 1 of1 TOTAL OF INVOICE, FEES/EXPENSES (PAY THIS AMOUNT) s 25,000.00
