Los Gatos City Council
June 7, 2022

Ninyo & Moore 11 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Experience and Expertise
pavement areas, application of slurry seal surface treatments, installation of rubberized asphalt, replacement of pavement markings, and construction of new ADA-compliant curb ramps. Experienced Caltrans certified technician is assigned to perform sampling of aggregates from the batch plant and deliver to laboratory for conformance testing as well as in place density testing for sub-grade, aggregate base and asphalt concrete along with concrete sampling and testing per Caltrans testing requirements.

City of Fremont, On-Call Geotechnical Consulting and Materials Testing Services
Ninyo & Moore is currently retained by the City of Fremont for a 3-year On-Call Geotechnical Services contract which began in 2018 with 2 one-year extensions through June, 2023. As part of this ongoing contract, one of the projects we provided services for was performing a geotechnical evaluation for the Central Park Athletic Fields 9 and 10 Project to gather data regarding the subsurface soil and geologic conditions at the site, and provide recommendations for the design and construction of the new facility. Our scope of services for this phase of the project included review of pertinent background data, performance of a geotechnical reconnaissance, subsurface evaluation, laboratory testing, and engineering analysis with regard to the proposed construction. Ninyo & Moore prepared a report presenting our geotechnical findings, conclusions, and recommendations for the project.

Prior to construction bid, Ninyo & Moore performed a geotechnical review of the plans and specifications for the proposed athletic fields. The purpose of our review was to offer an opinion as to whether the issues relating to the geotechnical conditions, as presented in our 2013 geotechnical evaluation had adequately addressed in the design documents.

Ninyo & Moore also provided geotechnical earthwork observation, laboratory testing, and relative compaction field testing services during earthwork operations associated with the construction of athletic fields. Field services included drill pier observation, concrete placement inspection, sampling and testing, compaction testing of native and imported material and permeability testing of permeable base rock material. Laboratory testing services included compression testing of concrete cylinders, conformance tests of permeable base material and proctor density tests of soil.

Ninyo & Moore has also provided On-Call Geotechnical and Materials Testing Services for these additional projects for the City:

R Central Park Playing Fields 9 & 10
R Mill Creek & Morrison Canyon Road Landslide
R Capitol Avenue Extension Project
R Paseo Padre OC Settlement
R Irvington Park Field Turf
R Karl Nordvik Community Park
R Los Cerritos Community Park
R Northgate Community Park
R Los Cerritos Community Park
R Large Group Picnic Area
R California Nursery Park
R Dusterberry Park
City of Oakland, On-Call Geotechnical Consulting and Materials Testing Services
Ninyo & Moore was awarded several multi-year contracts to provide on-call geotechnical consulting services to the City of Oakland. Projects included as part of the contract were landslide evaluations, geotechnical studies for buildings and retaining walls, evaluation of groundwater issues, pavement failure analysis and pavement design, and geotechnical analysis for pipeline trenches. Our services have included review of aerial photographs and geologic maps, geologic and geotechnical site reconnaissance, subsurface investigations, engineering analysis, geotechnical laboratory testing, landslide monitoring, preparation of geotechnical reports, and construction observation and testing services.

EAST OAKLAND SPORTS COMPLEX: Ninyo & Moore provided geotechnical engineering services for the new East Oakland Sports Complex at Ira Jinkins Park. The 14-acre site is on the south side of Edes Avenue at the location of the existing Ira Jinkins Park at an elevation of about 10 feet above mean sea level. The project included demolition of the existing community center and construction of a 155,000 square-foot, two-story sports complex containing an Olympic-size swimming pool, a recreational natatorium, gymnasium, bowling alley, and additional activity areas. Construction also included filling and grading of the parking area to an elevation of approximately 12 feet to meet the entrance of the proposed structure. The senior center/library remained in the northwest corner of the site. Ninyo & Moore’s services included review of preliminary project plans, geologic maps, stereoscopic aerial photographs, and Caltrans boring logs along I-880; a geotechnical site reconnaissance to observe the existing conditions; and drilling, sampling and logging of deep exploratory borings and installation of two monitoring wells for DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 12 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Experience and Expertise
monitoring groundwater levels. Deep borings were excavated to depths of approximately 30 to 50 feet below the existing ground surface for evaluation of liquefaction potential and foundation design. Our services included a geotechnical report summarizing our findings, conclusions and recommendations for this Leed Silver certified facility. This project was recognized by APWA as one of the 2012 Projects of the Year for excellence in agency, consultant/architect/engineer and contractor cooperation and team work.

A list of additional projects under this contract included:

R East Oakland Sports Complex
R Coliseum Intercity Rail Station
R Melvin Road Slope Repair and PS&E
R Castle Drive Slope Repair
R Westmoreland Drive Slope Remediation
R Emergency On-Call, Alvarado Road
R Emergency On-Call, Westover Drive
R Emergency On-Call, Thornhill Drive
R Emergency On-Call, Marlborough Terrace
R Emergency On-Call, Claremont Avenue
R Emergency On-Call, Dwight Way
R Peralta Hacienda Historical Park
R Lincoln Square Park
R Trash Collector, Geotechnical Evaluation
& City Permit Acquisition
R Lincoln Square Park
R 25th Street Mini Park
R West Oakland Youth Center
R 601 Macarthur Blvd & 620 Wesley
Avenue, PS&E Services
R Tunnel Road, Geotech Feasibility Study
R Owen Jones and Poplar Fields
R Nichols/Base Repair Training
R Grizzly Peak FDR & Additional Coring
R Trash Control Units, High Street &
Alameda Avenue
R Linden Park
R Chelton & Girvin Dr./EBMUD Water
Main Rupture
R AC Transit BRT Report Peer Review
R Charing Cross Slope Improvement
R 8350 Outlook Ave
R 1630 San Pablo Peer Review
R Martin Luther King Streetscape
R 6th and Harrison Sinkhole
R 6415 Valley View Road
City and County of San Francisco, As-Needed Special Inspection and Testing Services
Ninyo & Moore was awarded two consecutive multi-year contracts to provide special inspection and materials testing services for the City and County of San Francisco, Department of Public Works, Bureau of Construction Management (BCM). The initial contract began in 2003 under a two-year term which was eventually extended for an additional year. In 2006, Ninyo & Moore was awarded a second three-year contract. Our firm was recently awarded a third multi-year special inspection contract with the San Francisco Public Works.

Ninyo & Moore has provided oversight of specific aspects of the construction process to document that critical structural elements comply with the work assignment’s specifications and plans and the permitting process of the City’s Department of Building Inspection and the Department of Public Works. We also provided special inspection of structural steel welding (field and shop fabrication), torque/pull tests on epoxy dowels and high strength bolting, and testing of shear walls used as shear diaphragms, and reinforced concrete. Ninyo & Moore has performed laboratory testing on soils and aggregates, sampled and tested fresh concrete, and prepared cylindrical concrete specimens for compressive strength testing. We have also performed compaction testing on grading and earthwork activities for compliance with project specifications.

Projects successfully completed under this multi-year contract for the City include:

R San Francisco General Hospital Medical
Center Seismic Upgrade
R Harding Park Clubhouse
R Excelsior Branch Library
R Western Addition Branch Library
R 1680 Mission Street
R Noe Valley Branch Library
R Marina Branch Library
R J.P. Murphy Clubhouse and Playground
R Rochambeau Playground and Clubhouse
R Coffman Pool Reconstruction
R Minnie and Lovie Ward Recreation Center
R Richmond Branch Library Renovation
R SF Veteran Memorial Monuments
R Portsmouth Square Restroom Renovation
R Northbeach/Joe Di Maggio Playground
R SF County Jail Deputy Station
R Jones Street Rebar & Concrete Services
R Bayview Opera House Plaza
R Mission Cultural Center for Latino Arts
R Randall Museum Renovation
R 17th & Folsom Street Park
R Noe Valley Town Square
R Franklin Square
R Silver Terrace Club House
R Zuckerberg San Francisco General
Hospital
R SF Zoo Primate Discovery Center Exhibit
R Herz Playfield ADA Improvements
R Diamond Heights Blvd Pavement
Renovation & Water Main Replacement
R Alvord Lake Bridge Repair
R Laguna Honda Hospital
R Sergeant J Macaulay Playground
R Curry Center Exterior Wall Repair
and Roofing
R Alice Chalmers Playground Renovation
R Hyde & Turk Mini Park
R McLaren Park Playground & Group
Picnic Area
R Fire Station 2 Generator Replacement
R West Portal Playground
R Angelo Rossi Pool Renovation
R George Christopher Playground
Renovation
R Bayview Safe Navigation Center
R Moscone Center Expansion
R PHS NFS Hose Tower Removal Fire
Stations #6, #11, #12, #21, #38
R Shoreview Park Renovation
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 13 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Experience and Expertise
City of South San Francisco, On-Call Geotechnical Engineering and Materials Testing Services
Ninyo & Moore was originally retained in 2016 by the City of South San Francisco (City) for their on-call Geotechnical Engineering and Materials Testing contract; and then recently renewed for a 3-year contract, with optional 2-year extension into 2025. As part of this ongoing contract, we performed a limited geotechnical evaluation for the proposed Pavement Rehabilitation Project along portions of Harbor Way, Littlefield Avenue, Grandview Drive, DNA Way, and Point San Bruno Boulevard in South San Francisco, California. The proposed project rehabilitated the existing pavements by using the cold-in-place recycling (CIPR) method to replace the upper portion of the pavement section. The purpose of our geotechnical evaluation was to evaluate the subsurface conditions along the proposed alignment and to provide our conclusions regarding the suitability of the CIPR method for rehabilitation of the subject pavements.

Ninyo & Moore’s scope of services for this phase of the project included review of pertinent background data, performance of a limited geotechnical reconnaissance, subsurface exploration, laboratory testing, and engineering analysis with regard to the proposed construction. We performed the following tasks: a site reconnaissance to observe the general site and pavement conditions and to mark the proposed locations for subsurface exploration; a subsurface exploration consisting of fourteen hand auger borings to evaluate the pavement subgrade conditions; and laboratory testing of representative soil samples collected during our subsurface exploration. Our services were performed during normal business hours and we provided 8 field and office staff over the project duration.

City of Pittsburg, Construction Material Testing, Environmental/ Hazardous Material Testing and Geotechnical Services
Ninyo & Moore was retained as the City’s On-Call Construction Material Testing, Hazardous Materials Testing and Geotechnical Services consultant from 2010 to 2014, and was recently awarded a new 3-year contract. One of the projects performed included materials testing services for the construction of the safety improvements along Herb White Way between West 6th Street and West 9th Street in Pittsburg, California. Related improvements included construction of pavement section, side walk, curb & gutter, access ramps, and associated streetscaping. Materials testing services consisted of qualification review of aggregate base to check for compliance with project specifications; and compaction testing of subgrade and aggregate base. After project completion, Ninyo & Moore prepared the final report presenting the result on our field and laboratory testing services.

Project consisted of the streetscaping and safety improvements along Herb White Way between West 6th Street and West 9th Street in Pittsburg. Ninyo & Moore provided oversight for the materials testing services during construction. Materials testing services consisted of qualification review of aggregate base to check for compliance with project specifications; and compaction testing of subgrade and aggregate base. After project completion, Ninyo & Moore prepared the final report of field and laboratory testing services.

City of Cupertino, Sports Center Tennis Court Retaining Wall Project, Materials Testing and Special Inspection Services
Ninyo & Moore was retained by the City of Cupertino to perform materials testing and special inspection for the Sports Center Tennis Court Retaining Wall Repair Project. The project consisted of a partial height concrete wall with drilled pier foundations to provide strength to an existing retaining wall that had shown signs of cracking, spalling, and tilt. Materials testing and special inspection services provided included concrete sampling and testing, shotcrete placement observation, reinforcing steel placement observation, and laboratory testing of compressive strength specimens.

DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 14 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Experience and Expertise
City of Cupertino, Stevens Creek Blvd at Perimeter Road Turn Pocket Extension, Materials Testing and Special Inspection Services Ninyo & Moore performed the geotechnical observation and materials testing services Stevens Creek Blvd at Perimeter Road Turn Pocket Extension project during construction. This project included the demolition of a portion of median along Stevens Creek Blvd and the extension of an existing left turn lane. Ninyo & Moore examined the condition of the exposed roadway subgrade then observed and tested the placement and compaction of base and asphalt concrete. Ninyo & Moore’s services consisted of earthwork observation and soils testing, field density testing, and submitting a grading report summarizing observations and testing.

City of South San Francisco, Four Parks Project, Geotechnical and Materials Testing Services
Ninyo & Moore was retained by the City of South San Francisco to perform Geotechnical observation and testing on the Four Parks Renovation Project. The four parks included Buri Buri Park, Winston Park, Francisco Terrace Park, and Clay Park. Related improvements included construction of pavement sections for parking lots, side walk, curb & gutter, access ramps, and new safety play surfaces. Geotechnical Observation and testing services consisted of qualification review of aggregate base to check for compliance with project specifications; and compaction testing of subgrade, aggregate base, and asphalt concrete. After project completion, Ninyo & Moore prepared the final report presenting the result on our field and laboratory testing services.

City of South San Francisco, Obag 2 Street Rehabilitation, Materials Testing Services
Ninyo & Moore was retained by the City of South San Francisco to perform Geotechnical observation and testing on the Four Parks Renovation Project. The four parks included Buri Buri Park, Winston Park, Francisco Terrace Park, and Clay Park. Related improvements included construction of pavement sections for parking lots, side walk, curb & gutter, access ramps, and new safety play surfaces. Geotechnical Observation and testing services consisted of qualification review of aggregate base to check for compliance with project specifications; and compaction testing of subgrade, aggregate base, and asphalt concrete. After project completion, Ninyo & Moore prepared the final report presenting the result on our field and laboratory testing services.

DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 15 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
Ninyo & Moore will lead the Town contract from our San Jose office located just 13 miles from the Town of Los Gatos. Our firm has drawn a carefully selected and qualified team of registered and certified professional engineers, special inspectors, field technicians, and laboratory personnel to ensure that the Town receives dedicated, skilled staff with local experience, management, and communication skills necessary for the successful completion of any assigned task or project.

We have carefully selected our team members with consistency in mind and the intention is that these team members will serve the Town throughout the contract period of performance. If changes are required, the Town will be notified of personnel changes as soon as it comes to our attention and a transition plan will be developed and proposed. Our team will be led by Mr. Gregory Ruf, PE, GE, a Principal Engineer with 41 years of experience in the materials testing and special inspection field. Mr. Ruf will serve as the Project Manager/Point-of-Contact for the duration of the contract. He will be assisted by Mr. Ruchil Shah, Senior Project Manager. Mr. Shah has 14 years of experience and oversees materials testing and special inspection projects. Should any of our staff members
On the following pages, we have included a table summarizing our project manager and key individuals which we intend to assign to this contract. Full resumes for these personnel are also provided at the end of this section.

KEY PERSONNEL SUMMARY OF QUALIFICATIONS
Team Member / Role
Education and
Training/Licenses Relevant Project Experience
Gregory Ruf
Principal-In-Charge /
Contract Manager
B.S., Civil Engineering
PE 35389 (CA)
GE 2940 (CA)
Town of Los Gatos; Cities of San Jose, Millbrae, Santa Clara, San Carlos, Redwood City, South San Francisco, Albany, Pittsburg, Oakland, Alameda, Fremont, El Cerrito, and Los Altos; City and County of San Francisco; County of Alameda
Ruchil Shah
Senior Project Manager
M.S., Civil Engineering
B.S., Civil Engineering
Town of Los Gatos; Cities of Millbrae, Cupertino, South San Francisco, Albany, Oakland, Fremont, Richmond, Alameda, Burlingame; City and County of San Francisco; County of Alameda; County of Marin; Stanford University
Qualifications of Key Personnel
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 16 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel

KEY PERSONNEL SUMMARY OF QUALIFICATIONS
Team Member / Role
Education and
Training/Licenses Relevant Project Experience
Bryan Steinbrueck
Laboratory Manager
A.S., Computer Systems Networking &
Telecommunications
A.A., Liberal Arts and Sciences/Liberal Studies
ACI Concrete Strength Testing Technician
ICC Spray-Applied Fireproofing Special Inspector
NICET Construction Materials Testing:
– Asphalt (Level II)
– Concrete (Level II)
– Soils (Level II)
Caltrans Concrete Test Methods (CT: 105, 125 AGG,
201, 202, 205, 216, 217, 226, 227, 229, 521)
Caltrans AASHTO Test Methods (T: 166, 209, 269,
275, 308)
Town of Los Gatos; Cities of Millbrae, Cupertino, South San Francisco, Albany, Oakland, Fremont, Richmond, Alameda, Burlingame; City and County of San Francisco; County of Alameda; County of Marin; Stanford University
Danny Winn
Field Operations Manager
ACI – Grade 1
ICC – Reinforced Concrete Special Inspector
Caltrans Concrete Test Methods (CT: 125 AGG, 125
BIT, 125 GEN, 125 HMA, 231, 375)
Town of Los Gatos; Cities of Millbrae, Cupertino, South San Francisco, Albany, Oakland, Fremont, Richmond, Alameda, Burlingame; City and County of San Francisco; County of Alameda; County of Marin; Stanford University
Jalal Keramat
Special Inspector
B.S., Civil Engineering
Engineer-In-Training, EIT #152132
ACI Concrete Field Testing Technician, Grade I; ACI
Concrete Strength Testing Technician; ACI Aggregate
Testing Technician Level I; ACI Concrete Laboratory
Testing Technician Level I
ICC Master of Special Inspection; ICC Prestressed
Concrete Special Inspector; ICC Reinforced Concrete
Special Inspector; ICC Spray-Applied Fireproofing
Special Inspector; ICC Structural Masonry Special
Inspector; ICC Structural Steel & Bolting Special
Inspector; ICC Structural Welding Special Inspector
Town of Los Gatos; Cities of Millbrae, Cupertino, South San Francisco, Albany, Oakland, Fremont, Richmond, Alameda, Burlingame; City and County of San Francisco; County of Alameda; County of Marin; Stanford University
Johnkin EliyehOrdshahi
Special Inspector
B.S., Materials Engineering–Metallurgy
AWS Certified Welding Inspector, Level II:
- ASNT Magnetic Particle Testing
- ASNT Ultrasonic Testing
- ASNT Liquid Penetrant Testing
Cities of Millbrae, Cupertino, South San Francisco, Albany, Oakland, Fremont, Richmond, Alameda, Burlingame; City
and County of San Francisco; County of Alameda; County of Marin; Stanford University
Blair Schleske
Field Technician
B.A., Environmental Studies
ACI Concrete Field Testing Technician Grade I
Caltrans Concrete Test Methods
(CT: 231, 375, 504, 518, 539, 540, 543, 556, 557)
Town of Los Gatos; Cities of Millbrae, Cupertino, South San Francisco, Albany, Oakland, Fremont, Richmond, Alameda, Burlingame; City and County of San Francisco; County of Alameda; County of Marin; Stanford University
Jonathan Urmeneta
Field Technician
ACI Concrete Field Testing Technician Grade I
Radiation (Nuclear Gauge) User Safety
Cities of Fremont, Millbrae, Santa Clara, Cupertino, South San Francisco, Albany, Oakland, Burlingame; City and County of San Francisco; County of San Mateo; Stanford University Peter Manchester
Field Technician
ACI Concrete Field Testing Technician Grade I
Certified Pervious Concrete Technician
Radiation (Nuclear Gauge) User Safety
Caltrans Concrete Test Methods (CT: 125 AGG, 125
BIT, 125 GEN, 125 HMA, 231, 375)
Town of Los Gatos; Cities of Fremont, Santa Clara, Millbrae, Cupertino, South San Francisco, Albany, Alameda,
Burlingame; City and County of San Francisco; Contra Costa County; County of San Mateo; Stanford University
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 17 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel

PERSONNEL ROLES
Ninyo & Moore’s project personnel are certified in their specific disciplines and are fully committed to providing the necessary resources for successful completion of this contract. Provided below are descriptions of the type of work to be performed by our key personnel.

Principal-In-Charge/Contract Manager
As the Principal-In-Charge and Contract Manager, Mr. Gregory Ruf, PE, GE, commits the complete resources of Ninyo & Moore to this contract. Mr. Ruf directs and supervises geotechnical investigations and materials testing and inspection projects, reviews soil and foundation reports and specifications, and provides technical guidance and support to the engineering staff. Mr. Ruf has 41 years of experience providing geotechnical services for public works, schools, and infrastructure projects for cities, counties, Caltrans, Department of Water Resources and U.S. Army Corps of Engineers. His role for this contract includes the following:

R Primary point-of-contact to Town personnel;
R Work closely with the Town’s Project Manager, Construction Manager and Project Inspector to ensure all services are provided in a timely and professional manner;
R Staff the project with the highly qualified and experienced special inspectors who are thoroughly familiar with the project nuances, schedules and budget;
R Make routine site visits and attend pre-construction meetings, including any other meetings, as requested by the Town; R Organize, direct and oversee project tasks including providing QA/QC oversight; R Create and issue a budget breakdown spreadsheet, upon request, which shall be included with our invoice on a monthly basis, with all supporting/required data;
R Implement pro-active approach systems for all special inspection activities; R Provide technical support;
R Review all daily field reports, laboratory reports, concrete mix designs and welding procedures submittal reviews; and R Expedite reports for project close out, including final verified reports and affidavits, within the Town’s time constraints.

Senior Project Manager
Mr. Ruchil Shah will serve as the Senior Project Manager for this contract. He will be fully engaged in the day-to-day management and committed to stay with the project for the duration of the project. As a Senior Project Manager for Ninyo & Moore, Mr. Shah has 14 years of materials testing experience in project management, planning, design, engineering and estimating, material testing and inspection infrastructure projects. These projects include public and private construction, highways, roadways and bridges, commercial, residential and schools. Mr. Shah has provided materials testing and inspection services involving structural steel welding, concrete, reinforcing steel, post-tensioned concrete, masonry, roofing, fireproofing, soil compaction and epoxy and anchor bolts/dowel installation. His responsibilities will include, but are not limited to, the following:

R Act as the liaison with the Town’s Project Manager;
R Review all data collected, engineering analyses performed and report drafts; R Staff the project with qualified, experienced personnel who are familiar with the main elements of each assignment and have an understanding of the technology required to attain the project goals; R Assure that key personnel are available as planned;
R Organize, direct and oversee project tasks and provide QA/QC oversight; R Establish and follow through on milestones;
R Establish, review and monitor budgets, and implement cost control procedures; R Prepare cost and performance reports, and manage funds for labor and materials procurement, as necessary; R Assure compliance with regulatory agency protocol; and R Assure that work is completed within the required timeframe and approved cost.

Field Operations Manager
Mr. Danny Winn, ACI, ICC, will serve as the Field Operations Manager for this contract. Mr. Winn has 16 years of experience working closely with Ninyo & Moore’s field technicians and special inspectors to implement our geotechnical design and earthwork recommendations by performing earthwork observation, materials sampling, and field density testing for construction projects.

DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 18 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
Laboratory Manager
Mr. Bryan Steinbrueck, ACI, NICET, Caltrans, will serve as Laboratory Manager and has 21 years of experience. His responsibilities will include:

R Review material samples delivered to the laboratory from the job site, issue sample numbers with due dates and assign task to laboratory technicians;
R Perform laboratory tests and review results for soil, aggregates and asphalt concrete samples and compression tests of concrete cylinders, shotcrete, cores, non-shrink grout, masonry grout and mortar samples. masonry grout and mortar; and R Prepare test data sheets, review and distribute laboratory reports to the project team by email.

Special Inspectors and Field Technicians
The inspection responsibilities will be assigned to these Special Inspectors/Field Technicians:

Mr. Danny Winn, ACI, ICC, Caltrans Mr. Blair Schleske, ACI, Caltrans Mr. Jalal Keramat, ACI, AWS-CWI, ICC, DSA Mr. Jonathan Urmeneta, ACI Mr. Johnkin Eliyeh-Ordshahi, AWS-CWI Mr. Peter Manchester, ACI, Caltrans Their duties will include:

R Observe grading operations and perform soil sampling and compaction testing; R Observe placement and perform sampling and compaction testing of asphalt concrete; R Observe concrete placement when required;
R Test concrete and obtain samples as required;
R Perform other testing and inspections as directed by the Town; and R Prepare electronic daily reports on-site and maintain one copy in the field file at the Town’s field office.

DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 19 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel

GEOTECHNICAL ENGINEERS/GEOLOGISTS
Ransom Hennefer, PE, GE, ACI, ICC
Peter Connolly, PE, GE
David Seymour, PG, CEG
Kenneth Celino, EIT
Jose Cedano

ORGANIZATION CHART
Provided below is an Organization Chart identifying Ninyo & Moore’s proposed team for this contract. Full resumes of key personnel noted with asterisk are provided after this organization chart.

LABORATORY MANAGER
Bryan Steinbrueck, ACI, ICC, NICET, Caltrans

LABORATORY TECHNICIAN
Nicholas Mahnke, ACI

PRINCIPAL-IN-CHARGE/CONTRACT MANAGER
Gregory Ruf, PE, GE

HEALTH & SAFETY ADVISOR
Stephen Waide, CIH, CSP, CMC, CIEC

DISPATCHER
Alysia Hayes

FIELD OPERATIONS MANAGER
Danny Winn, ACI, ICC, Caltrans

SPECIAL INSPECTORS / FIELD TECHNICIANS
Blair Schleske, ACI, Caltrans
Chad Stellern, ACI, ICC
David Gesinger, AWS-CWI, NDT
Gary Wills, ACI, ICC
Jalal Keramat, ACI, AWS-CWI, ICC, DSA
James Torrez, ACI, ICC
Johnkin Eliyeh-Ordshahi, AWS-CWI, NDT
Jonathan Urmeneta, ACI
Joshua Muller, ACI
Mike Samarah, ACI, ICC
Peter Manchester, ACI, Caltrans
Sidney Holter, AWS-CWI
Silas Byers, ACI
Timothy Watson, ACI
Timothy Nguyen, ACI, ICC
Tyler Menniti, AWS-CWI
 Key personnel; resumes provided on the following pages

SENIOR PROJECT MANAGER
Ruchil Shah

CONSTRUCTION SERVICES ENGINEER
Lothus Hennefer, ACI, ICC
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 20 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
As a Principal Engineer/Director of Construction Services for Ninyo & Moore, Mr.

Ruf has 40 years of experience in the construction inspection and materials testing industry. The foundation of Mr. Ruf’s approach to providing construction services is based on his many years of experience working in construction materials testing laboratories and on project sites as an inspector, materials tester and engineer. His extensive experience in the field of construction services also includes development and supervision of special inspection field staff, as well as management of laboratory departments subject to review and approval of numerous agencies including Caltrans, AASHTO, the California Department of General Services, California Division of the State Architect (DSA), State of California Office of Statewide Health Planning and Development (OSHPD), Army Corp of Engineers, and local City and County Building Officials. In addition to his experience in construction inspection and testing, Mr. Ruf has been actively involved in providing geotechnical engineering services during both the design- and construction-related phases of a wide variety of public and privatesector projects over the past 35 years.

EXPERIENCE
City of San Jose, Master Agreement for Special Inspections and Material Testing Services, San Jose, California: Project Manager for on-call services contract with discrete projects authorized under task orders. Each assignment required development of a scope of inspection and materials testing services, a staffing plan and budget. Projects serviced included, but were not limited to: two fire stations, three libraries and a recycling center inclusive of both on-site and off-site construction.

Mr. Ruf’s responsibilities included assignment and direct supervision of qualified special inspectors and materials testers, oversight of laboratory testing, review of daily field test reports and production of summary reports, and review of laboratory testing assignments and completed test reports. His engineering responsibilities included review of materials submittals for aggregates, portland cement concrete and welding procedure specifications and his project management responsibilities include summary report production, review of invoicing and budget review.

Stanford University, Middle Plaza Mixed Use Project, Menlo Park, California:

Principal-In-Charge during construction inspection and materials testing services for a mixed-use project which includes 215 rental housing units, a state-of-the art fitness center, swimming pool and spa, 145,000 square feet of three commercial offices, 10,000 square feet of retail space, and a half-acre publicly-accessible plaza, all over the underground parking. Ninyo & Moore successfully performed inspection and testing for reinforcing steel, structural concrete and shotcrete, structural steel welding, post installed and seismic anchors including pull and torque testing, high strength bolting, fireproofing inspections and testing including density and thickness testing and intumescent pain inspection. Our welding inspectors from other offices provided out-of-state fabrication and welding inspections, including NDT Level II inspectors for ultrasonic testing. We have been providing field and laboratory reports as a backup with every invoice, including a summary of all invoices to date. Our on-site and offsite staff communicate regularly with the project team and worked diligently to resolve any issues as they arise, as well as evaluated staffing and budget on a weekly basis.

US 101 Improvement Project, Capitol Expressway to Yerba Buena Interchange, San Jose, California: Project Manager (on behalf of Signet Testing Labs) responsible for technical oversight of the Quality Assurance testing services provided to the Santa

EDUCATION
B.S., Civil Engineering, 1979, San Jose
State University, San Jose, California

REGISTRATIONS/

CERTIFICATIONS
PE 35389 (California)
GE 2940 (California)
ACI Concrete Field Testing Technician
Grade I
ACI Concrete Strength Testing Technician

PROFESSIONAL

AFFILIATIONS
Construction Management Association
of America
Gregory J. Ruf, PE, GE
Principal-In-Charge/Contract Manager
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 21 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
Clara Valley Transportation Authority on this Caltrans Local Assistance project, which made improvements to Interchange at Capitol Expressway and ramp modifications at Yerba Buena Road. These improvements included construction of a separate Yerba Buena Road off-ramp from southbound US 101, a southbound US 101 auxiliary lane between the Capitol Expressway and Yerba Buena Road, modification of the Capitol Expressway Interchange from full cloverleaf to partial cloverleaf, extension of the fifth southbound lane from north of Capitol Expressway to south of Yerba Buena Road, and construction of a northbound slip onramp from northbound collector - distributor road. Mr. Ruf provided direct supervision of materials testers assigned to the project, review of daily field test reports, and review of laboratory testing assignments and completed test reports. His engineering responsibilities included review of materials submittals for aggregates, portland cement concrete and asphalt concrete and his project management responsibilities included summary report production, review of invoicing and budget review.

Caltrans District 4 North On-Call Contract 04A3706, Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma, California: Project Manager (on behalf of Signet Testing Labs) responsible for providing qualified materials testing technicians in support of Caltrans staff in the Caltrans North Bay Materials Labs and the construction projects supported by those labs. As many as eight (8) technicians have been assigned to provide materials sampling and testing services for department projects in District 4 North. Mr. Ruf’s responsibilities included technical oversight and staff training for on-call technicians providing materials sampling and testing services to Caltrans laboratory in Pleasant Hill. Responsibilities also included assisting Caltrans Lab Manger with selection of technicians from the available pool at Signet, as well as with our DBE subconsultants, provided project management assistance including review of invoicing and resource support.

I-280/I-880 Stevens Creek Improvements, San Jose, California: Project Manager (on behalf of Signet Testing Labs) responsible for technical oversight of the Quality Assurance testing services provided to the Santa Clara Valley Transportation Authority on this Caltrans Local Assistance project, which made improvements to traffic flow, safety and access between the Interstate 280 (I-280) and Interstate 880 (I-880) freeway corridors near Stevens Creek Boulevard, including modifications to the freeway-to-freeway intersection of State Route 17 (SR-17)/I-280/I-880 freeway interchange, as well as the adjacent interchanges at I-880/Stevens Creek Boulevard. These improvements included reconfiguring the existing full cloverleaf I-880/Stevens Creek Boulevard interchange by widening and realigning ramps, widening the overcrossing structure at Stevens Creek Boulevard over I-880, improving intersections and providing enhanced access for pedestrians and bicyclists, Separating freeway-to-freeway traffic from local traffic by constructing a new direct connector from northbound I-280 to northbound I-880, constructing direct off ramps to Monroe Street from Southbound I-880. Mr. Ruf provided direct supervision of materials testers assigned to the project, review of daily field test reports, and review of laboratory testing assignments and completed test reports. His engineering responsibilities included review of materials submittals for aggregates, portland cement concrete and asphalt concrete and his project management responsibilities included summary report production, review of invoicing and budget review.

State Route 238 Improvements, Hayward, California: Project Manager (on behalf of Signet Testing Labs) responsible for technical oversight of the Quality Assurance testing services provided on this Caltrans Local Assistance project, which made improvements to traffic flow, safety, access and aesthetics of State Route 238 through the heart of the City of Hayward.

Construction included extensive pavement rehabilitation and reconstruction, installation of new traffic lights and lighting, sidewalks, underground utilities, and landscaping. Mr. Ruf provided direct supervision of materials testers assigned to the project, review of daily field test reports, and review of laboratory testing assignments and completed test reports. His engineering responsibilities included review of materials submittals for aggregates, portland cement concrete and asphalt concrete and his project management responsibilities included summary report production, review of invoicing and budget review.

US Highway 101 / State Route 85 Interchange Reconstruction, Mountain View, California: Project Manager for geotechnical and materials investigations, as well as the environmental hazardous materials investigation, and supervision of teams of Geotechnical Engineers and Geologists during the initial stages of the project. The project was completed in 2006 and consisted of a $125 million reconstruction of the northern Highway 85/101 interchange in Mountain View, with the original ramps (built circa 1965) replaced and new carpool-to-carpool and other ramps added. Mr. Ruf was responsible for resource, schedule and budget management and for determining and maintaining compliance with Caltrans standards and requirements for the materials and structures investigations.

Gregory J. Ruf
Principal-In-Charge/Contract Manager
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 22 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
As a Senior Project Manager for Ninyo & Moore, Mr. Shah has 13 years of experience in project management, planning, design, engineering and estimating, material testing and inspection for building construction and infrastructure development projects.

These projects include public and private construction, highways, roadways and bridges, commercial, residential, universities and school districts. Mr. Shah provides project management to the Construction Services Division at Ninyo & Moore and has managed over 30 projects including universities, school modernization and renovation projects (DSA), residential and commercial projects and post tensioned parking structure projects. He has worked as a project manager on the projects providing inspection and testing for structural steel welding, concrete, reinforcing steel, posttensioned concrete, masonry, roofing, fireproofing, soil compaction and epoxy and anchor bolts/dowel installation.

EXPERIENCE
City of Fremont, Central Park Fields 9 & 10 Project, Fremont, California: Project Manager for project involving geotechnical earthwork observation, laboratory testing, and relative compaction field testing services during earthwork operations associated with the construction of athletic fields. Field services included drill pier observation, concrete placement inspection, sampling and testing, compaction testing of native and imported material and permeability testing of permeable base rock material.

Laboratory testing services included compression testing of concrete cylinders, conformance tests of permeable base material and proctor density tests of soil.

City of Santa Clara, Street Rehabilitation Project, Santa Clara, California:

Designed 100,000 sf of heavy industrial, commercial and residential distressed streets with Traffic Index (TI) ranging from 4 to 12. Prepared geometric design and plans and specifications and QC procedures. Also worked as quality control project manager during construction and monitored soil and asphalt testing.

City of San Leandro, Rehabilitation of 14 Streets, San Leandro, California:

Worked as a project engineer and designed 14 heavy industrial and residential streets with Traffic Index (TI) ranging from 4 to 12. Managed coring operation for soil sampling, involved in lab testing and designed base and sub-base section of the pavement. Also worked as a quality control project manager during construction and monitored soil and asphalt testing.

City and County of San Francisco, As-Needed Special Inspection and Materials Testing Contract, San Francisco, California: Project Manager for multi-year contracts to provide special inspection and materials testing services. We provided structural steel welding inspection (field and shop fabrication), torque/pull tests on epoxy dowels and high strength bolting, and testing of shear walls used as shear diaphragms, and reinforced concrete. We also performed laboratory testing on soils and aggregates, sampled and tested fresh concrete, and prepared cylindrical concrete specimens for compressive strength testing, as well as compaction testing on grading and earthwork activities for compliance with project specifications..

City of South San Francisco, Four Parks Project, South San Francisco, California: Project Manager for a geotechnical observation and testing on the Four Parks Renovation Project. The four parks included Buri Buri Park, Winston Park, Francisco Terrace Park, and Clay Park. Related improvements included construction of pavement sections for parking lots, side walk, curb & gutter, access ramps, and

EDUCATION
M.S., Civil Engineering, 2007,
San Jose State University,
San Jose, California
B.S., Civil Engineering, 2006,
Nirma Institute of Technology (N.I.T.),
Ah-medabad, Gujarat, India

REGISTRATIONS/CERTIFICATIONS
Engineer In Training, #138505 (California)

PROFESSIONAL AFFILIATIONS
American Council of Engineering
Companies
American Public Works Association
American Society of Civil Engineers
Society of American Military Engineers
Ruchil R. Shah
Senior Project Manager
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 23 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
new safety play surfaces. Geotechnical Observation and testing services consisted of qualification review of aggregate base to check for compliance with project specifications; and compaction testing of subgrade, aggregate base, and asphalt concrete.

After project completion, Ninyo & Moore prepared the final report presenting the result on our field and laboratory testing services.

City of Richmond Fire Station Number 68, Richmond, California: Project Manager provided construction materials testing services to the City of Richmond for the Fire Station Number 68 remodel project which consisted of remodeling the existing rest rooms at the station. Services provided included reinforcing steel placement inspection, concrete placement inspection, concrete sampling, adhesive anchor placement inspection, plywood nailing inspection, and concrete laboratory compression testing.

City of Richmond Booker T. Anderson Park Beam Replacement, Richmond, California: Ninyo & Moore provided construction materials testing services to the City of Richmond for the beam replacement project at Booker T. Anderson Park in Richmond. Services provided were structural steel welding inspection and load testing of anchor bolts.

BART Extension to Berryessa, San Jose, California: Project Manager during materials testing and inspection services for construction of a new BART extension from Fremont to Berryessa in San Jose, California, with two stations and parking garages.

Ninyo & Moore provided geotechnical earthwork observation, laboratory testing, and field compaction testing services during earthwork operations associated with railway tracks, ballast and subballast conformance testing in the laboratory, placement of utility trench backfill, preparation of pavement subgrade, and pavement section construction, sampling of concrete and testing them in the laboratory for compression testing, structural steel welding inspection and vibration and noise monitoring during pile driving operations.

Stanford University, Middle Plaza Mixed Use Project, Menlo Park, California: Project Manager during construction inspection and materials testing services for a mixed-use project which includes 215 rental housing units, a state-of-the art fitness center, swimming pool and spa, 145,000 square feet of three commercial offices, 10,000 square feet of retail space, and a half-acre publicly-accessible plaza, all over the underground parking. Ninyo & Moore successfully performed inspection and testing for reinforcing steel, structural concrete and shotcrete, structural steel welding, post installed and seismic anchors including pull and torque testing, high strength bolting, fireproofing inspections and testing including density and thickness testing and intumescent pain inspection. Our welding inspectors from other offices provided out-of-state fabrication and welding inspections, including NDT Level II inspectors for ultrasonic testing. We have been providing field and laboratory reports as a backup with every invoice, including a summary of all invoices to date. Our on-site and off-site staff communicate regularly with the project team and worked diligently to resolve any issues as they arise, as well as evaluated staffing and budget on a weekly basis.

Stanford University, Comstock Graduate Housing, Stanford, California: Project Manager for the Comstock Graduate Housing center that consists of 4 residential buildings and 1 commons building. The four-story residential housing buildings each total roughly 65,000 square feet in size and are rested on continuous footings with slabs-on-grade. These buildings will comprise of precast concrete for the walls, columns, beams, including elevated slabs and roof planks. The two-story commons building totals approximately 23,000 square feet in size and will have one level of below grade construction comprised of shotcrete walls.

Oversaw multi-certified inspector on site who can cover multiple inspection and testing. This helps control budget and provide one point of contact on site. Distributed inspection and testing report on a bi-weekly basis.

Santa Clara Valley Water District, Permanente Creek Flood Protection Project, Construction Inspection Services, Los Altos/Mountain View, California: Project Manager during construction materials testing and inspection services project for the Santa Clara Valley Water District Permanente Creek Flood Protection project located in Santa Clara County. Our services also included pre-construction and post-construction condition surveys on over 50 structures located along the project alignment and vibration monitoring services during construction. The project included construction of new floodwalls and levees as well as channel widening and flood detention areas to provide natural flood protection for approximately 2,200 properties. The conditions surveys included photographs and video documentation of the structure exteriors, flatwork, and other improvements and measurements of existing cracks (lengths and widths), separations, and other notable features. Construction testing and inspections included geotechnical, reinforcement steel, and concrete related services.

Ruchil R. Shah
Senior Project Manager
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 24 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
As a Laboratory Manager, Mr. Steinbrueck has over 20 years of construction laboratory testing and materials testing experience and has held multiple AASHTO, CCRL, NICET, ACI laboratory certifications for over 10 years. With his many years of hands-on materials testing, he has the knowledge to efficiently and accurately complete the laboratory testing, as well as soil and aggregates testing. Projects he has provided services for, include K-12 schools, community colleges, public agencies, transportation, commercial developers and residential. He has excellent time management skills and is highly proficient in performing laboratory testing per ASTM, Caltrans, AASHTO and CBC test methods. He has a positive attitude and is able to communicate well with all levels of management.

EXPERIENCE
Town of Los Gatos, Almond Grove Phase 2, Los Gatos, California: Laboratory Manager for materials testing and inspection services project for the Almond Grove Street Reconstruction Project Phase 2 in Los Gatos, which included 10 residential streets. Project improvements consisted of increased disability access, new sidewalks, driveways and concrete paved roadways. Our services included trench backfill placement observation, moisture content testing of aggregate base, and compaction testing of trench backfill.

City of Fremont, On-Call Geotechnical Services Contract, Fremont, California:

Ninyo & Moore is currently retained by the City of Fremont for this 3-year on-call Geotechnical Services contract beginning in 2018 with 2 one-year extensions through June, 2023, for which we perform geotechnical earthwork observation, laboratory testing, and relative compaction field testing services during earthwork operations associated with the construction of athletic fields. Field services include drill pier observation, concrete placement inspection, sampling and testing, compaction testing of native and imported material and permeability testing of permeable base rock material. Laboratory testing services include compression testing of concrete cylinders, conformance tests of permeable base material and proctor density tests of soil.

City of Fremont, Central Park Large Group Picnic Area, Fremont, California:

Laboratory Manager during geotechnical evaluation for the City of Fremont’s new large group picnic area in Central Park. Project included a new main restroom and concessions building, bocce ball and volleyball courts, outdoor seating, shade structures, picnic areas, playground structure, sidewalks, hardscape, landscaping, and other miscellaneous improvements.

City of Fremont, Central Park Fields 9 and 10, Fremont, California: Laboratory Manager during geotechnical earthwork observation, laboratory testing, and relative compaction field testing services during earthwork operations associated with the construction of athletic fields. Field services included drill pier observation, concrete placement inspection, sampling and testing, compaction testing of native and imported material and permeability testing of permeable base rock material. Laboratory testing services included compression testing of concrete cylinders, conformance tests of permeable base material and proctor density tests of soil.

City of Burlingame, Skyline Park Project, Geotechnical Evaluation and Construction Services, Burlingame, California: Laboratory Manager during geotechnical evaluation for the Skyline Park Project located on the west side of Skyline Drive just north of Rivera Drive in Burlingame. Proposed improvements consisted of a new parking lot with retaining walls. Our geotechnical evaluation included a subsurface evaluation, laboratory testing of selected soil samples, engineering analysis, and recommendations for pavement and retaining wall design and earthwork operations. Currently providing geotechnical observation and testing services during construction, including subgrade preparation, foundation observations, and testing for soil compaction.

EDUCATION
A.S., Computer Systems Networking
and Telecommunications, 2004,
Brooks College, Sunnyvale, California
A.A., Liberal Arts and Sciences/Liberal
Studies, 2000, De Anza College,
Cupertino, California

CERTIFICATIONS
ACI Concrete Strength Testing Technician,
#01047844
ICC Spray-Applied Fireproofing Special
Inspector, #8408634
NICET Construction Materials
Testing – Asphalt (Level II)
NICET Construction Materials
Testing – Concrete (Level II)
NICET Construction Materials
Testing – Soils (Level II)
Caltrans Concrete Test Methods
(CT: 105, 125 AGG, 201, 202, 205,
216, 217, 226, 227, 229, 521)
Caltrans AASHTO Test Methods
(T: 166, 209, 269, 275, 308)
Radiation (Nuclear Gauge) User Safety
Radiation (Nuclear Gauge) Safety Officer
Bryan Steinbrueck,ACI, ICC, NICET, Caltrans
Laboratory Manager
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 25 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
As a Field Operations Manager for Ninyo & Moore, Mr. Winn has 15 years of experience and works closely with our field technicians and special inspectors to provide reinforcing steel and concrete placement inspections, prestressed concrete placement inspections, structural steel bolting inspection and also perform earthwork observation, materials sampling, and field density testing for construction projects.

EXPERIENCE
Town of Los Gatos, Almond Grove Phase 2, Los Gatos, California: Field Technician for materials testing and inspection services project for the Almond Grove Street Reconstruction Project Phase 2 in Los Gatos, which included 10 residential streets. Project improvements consisted of increased disability access, new sidewalks, driveways and concrete paved roadways. Our services included trench backfill placement observation, moisture content testing of aggregate base, and compaction testing of trench backfill.

City of Fremont, Central Park Fields 9 and 10, Fremont, California: Field Technician for project involving geotechnical earthwork observation, laboratory testing, and relative compaction field testing services during earthwork operations associated with the construction of athletic fields. Field services included drill pier observation, concrete placement inspection, sampling and testing, compaction testing of native and imported material and permeability testing of permeable base rock material. Laboratory testing services included compression testing of concrete cylinders, conformance tests of permeable base material and proctor density tests of soil.

City of Fremont, Central Park Large Group Picnic Area, Fremont, California:

Field Technician for project involving a geotechnical evaluation and materials testing and inspection for the City of Fremont’s new large group picnic area. Project included a new main restroom and concessions building, bocce ball and volleyball courts, outdoor seating, shade structures, picnic areas, playground structure, sidewalks, hardscape, landscaping, and other miscellaneous improvements.

City of Redwood City, Sanitary Sewer Replacement Project, Redwood City, California: Field Technician during on-call construction materials testing services contract with the City of Redwood City. This Sanitary Sewer Replacement project consisted of excavation and backfill for sewer mains and our services included laboratory testing for soils and aggregates, and field density testing of backfill.

City of Richmond Fire Station, Richmond, California: Field Technician provided construction materials testing services to the City of Richmond for the Fire Station Number 68 remodel project which consisted of remodeling the existing rest rooms at the station. Services provided included reinforcing steel placement inspection, concrete placement inspection, concrete sampling, adhesive anchor placement inspection, plywood nailing inspection, and concrete laboratory compression testing.

Oroville Dam Emergency Spillway Recovery, Oroville, California: Field Technician for the special inspection and materials testing services of the Oroville Emergency Spillway Recovery project. During the winter rains of 2016 and 2017, the existing spillway had eroded, dangerously causing a significant hazard for the downstream residents. Ninyo and Moore was retained by Kiewit to perform Quality Control for the project. Approximately 1,000,000 cubic yards of Roller Compacted Concrete was placed along with nearly 500,000 cubic yards of structural concrete.

Testing included laboratory and field sampling of the concrete, laboratory testing of the aggregates and various testing of miscellaneous structural backfill and placement of Roller Compacted Concrete.

EDUCATION
Shasta College – Coursework,
Redding, California

CERTIFICATIONS
ACI – Grade 1
ICC – Reinforced Concrete Special
Inspector
Nuclear Gauge Certification
Caltrans Concrete Test Methods
(CT: 125 AGG, 125 BIT, 125 GEN,
125 HMA, 231, 375)
Danny Winn, ACI, ICC, Caltrans
Field Operations Manager
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 26 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
Jalal Keramat, ACI, AWS-CWI, ICC, DSA
Special Inspector
As a Special Inspector for Ninyo & Moore, Mr. Keramat has 14 years of experience and works closely with our field technicians and special inspectors to provide reinforcing steel and concrete placement inspections, prestressed concrete placement inspections, structural steel bolting inspection and also perform earthwork observation, materials sampling, and field density testing for construction projects.

EXPERIENCE
Town of Los Gatos, Almond Grove Street Reconstruction Project Phase 2, Los Gatos, California: Special Inspector during materials testing and inspection services for project which included improvements consisting of increased disability access, new sidewalks, driveways and concrete paved roadways on 10 residential streets.

Our services included trench backfill placement observation, moisture content testing of aggregate base, and compaction testing of trench backfill.

Santa Clara Valley Water District, Permanente Creek Flood Protection Project, Construction Inspection Services, Los Altos/Mountain View, California: Special Inspector during construction materials testing and inspection services project for the Santa Clara Valley Water District Permanente Creek Flood Protection project located in Santa Clara County. Our services also included pre-construction and post-construction condition surveys on over 50 structures located along the project alignment and vibration monitoring services during construction. The project included construction of new floodwalls and levees as well as channel widening and flood detention areas to provide natural flood protection for approximately 2,200 properties. The conditions surveys included photographs and video documentation of the structure exteriors, flatwork, and other improvements and measurements of existing cracks (lengths and widths), separations, and other notable features. Construction testing and inspections included geotechnical, reinforcement steel, and concrete related services.

City of South San Francisco, Four Parks Project, South San Francisco, California: Special Inspector for a geotechnical observation and testing on the Four Parks Renovation Project. The four parks included Buri Buri Park, Winston Park, Francisco Terrace Park, and Clay Park. Related improvements included construction of pavement sections for parking lots, side walk, curb & gutter, access ramps, and new safety play surfaces. Geotechnical Observation and testing services consisted of qualification review of aggregate base to check for compliance with project specifications; and compaction testing of subgrade, aggregate base, and asphalt concrete. After project completion, Ninyo & Moore prepared the final report presenting the result on our field and laboratory testing services.

Stanford University, Middle Plaza Mixed Use Project, Menlo Park, California:

Special Inspector during construction inspection and materials testing services for a mixed-use project which includes 215 rental housing units, a state-of-the art fitness center, swimming pool and spa, 145,000 square feet of three commercial offices, 10,000 square feet of retail space, and a half-acre publicly-accessible plaza, all over the underground parking. Ninyo & Moore successfully performed inspection and testing for reinforcing steel, structural concrete and shotcrete, structural steel welding, post installed and seismic anchors including pull and torque testing, high strength bolting, fireproofing inspections and testing including density and thickness testing and intumescent pain inspection. Our welding inspectors from other offices provided out-of-state fabrication and welding inspections, including NDT Level II inspectors for ultrasonic testing. We have been providing field and laboratory reports as a backup with every invoice, including a summary of all invoices to date. Our on-site and offsite staff communicate regularly with the project team and worked diligently to resolve any issues as they arise, as well as evaluated staffing and budget on a weekly basis.

EDUCATION
B.S., Civil Engineering, 2004,
Azad University, Ghaemshahr, Iran

REGISTRATIONS/CERTIFICATIONS
Engineer-In-Training, EIT #152132
ACI Concrete Field Testing Technician
Grade I
ACI Concrete Strength Testing Technician
ACI Aggregate Testing Technician
Level I
ACI Concrete Laboratory Testing
Technician Level I
AWS Certified Welding Inspector (CWI)
#20024911
ICC Master of Special Inspection,
#8255109
ICC Prestressed Concrete Special
Inspector, #8255109
ICC Reinforced Concrete Special
Inspector, #8255109
ICC Spray-Applied Fireproofing
Special Inspector, #8255109
ICC Structural Masonry Special
Inspector, #8255109
ICC Structural Steel & Bolting
Special Inspector, #8255109
ICC Structural Welding Special
Inspector, #8255109
DSA Masonry Special Inspector, #6074
DSA Shotcrete Special Inspector, #6055
Radiation (Nuclear Gauge) User Safety
OSHA 10 Hour Certification Hazard
Recognition Training
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 27 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
Johnkin Eliyeh-Ordshahi, AWS-CWI
NDT Level II Special Inspector

EDUCATION
B.S., Materials Engineering–Metallurgy,
2008, Tehran, Iran

REGISTRATIONS/CERTIFICATIONS
AWS Certified Welding Inspector (CWI)
#18010821
ASNT Magnetic Particle Testing Level II
ASNT Ultrasonic Testing Level II
ASNT Liquid Penetrant Testing Level II
As a Special Inspector for Ninyo & Moore, Mr. Eliyeh-Ordshahi performs on a multitude of projects. He holds an AWS certification and performs inspections of the project elements including concrete, steel, high-strength bolts, masonry, shotcrete, fireproofing, and welding both in the fabrication shop and at the site. His project experience includes schools, universities, airports, municipal structures, bridges, roadways, pipelines, pump stations and commercial and retail buildings.

EXPERIENCE
City and County of San Francisco, On-Call Special Inspection and Testing Contract, San Francisco, California: Special Inspector during On-Call contract for various Capital Improvement projects. Work involved on-site inspections for reinforcing steel and structural concrete placement, concrete batch plant inspections, sampling and testing concrete cylinders, epoxy dowel and post installed anchors installation including pull testing and torque testing, high strength bolts placement inspection, sampling and testing and fireproofing inspections. Ms. Watkins worked diligently with City inspector and contractors to solve any non-conformances immediately and distributed inspection reports electronically to the project team on a daily basis.

Stanford University, 3181 Porter Drive Redevelopment, Stanford, California:

Special Inspector responsible for providing materials testing services which included reinforcing steel inspection, concrete placement inspection and concrete sampling including testing and inspection of two approximately 5,000 cubic yard mat foundation concrete pours. Additional construction services included non-shrink grout placement and sampling, post-installed anchor installation inspection, high strength bolting inspection, non-destructive testing, and structural steel welding inspection onsite and in fabrication shops in California, Nevada, and Idaho.

Stanford University, Bass Biology Building, Stanford, California: Special Inspector during materials testing and special inspection services for two Stanford University projects. The Stanford Bass Biology Building project consisted of a four-story, abovegrade research facility with a one level basement. The facility includes research laboratories, offices, administrative spaces, and meeting spaces. Adjacent to the Bass Biology Building is the Stanford Regional Loading Dock project which consists of a below-grade dock that will centralize delivery services and minimize travel distances to the Old Chemistry, Gilbert, Herrin and Bass Biology buildings. The basement level dock will be enclosed by a concrete roof structure at the surface level above.

Stanford University, Chem-H & SNI Building, Stanford, California: Special Inspector provided structural steel welding inspection in the shop and field. Chem-H & SNI Building project included construction of a 230,000 square foot, three story laboratory building with basement. It included a structural retaining wall designed to support the partial demolition of an existing ice storage tank on the northwest side of the project site as well as a below-grade tunnel that connected the existing Clark/ RAF/Fairchild tunnel to the new Chem-H & SNI building. Services included project management, reinforcing steel inspection, concrete sampling and testing, non-shrink grout placement inspection, shotcrete sampling and testing, masonry inspection, ultrasonic testing for steel welding and shop and field welding inspections.

Stanford University, Center of Academic Medicine (CAM) Building, Stanford, California: Special Inspector for the structural steel welding and non-destructive testing, including ultrasonic and magnetic particle testing in the shop and field. Project consists of a four story, 170,000 square foot, office and administration building with four abovegrade floors and a three-story underground parking structure below the building. Prepare and maintain a list of structural steel elements being inspected and in conformance along with a list of non conformances items and brings them to project team’s attention.

DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 28 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
Blair R. Schleske, ACI, Caltrans
Field Technician
As a Field Technician for Ninyo & Moore, Mr. Schleske has 5 years of experience performing materials testing in a wide variety of construction projects including concrete and reinforcing steel, and geotechnical observation and testing. His experience involves projects that have included parking garages, data centers, largescale commercial retail development, highway/roadway, hotels, infrastructure, school districts and wastewater treatment plants.

EXPERIENCE
Town of Los Gatos, Almond Grove Phase 2, Los Gatos, California: Field Technician for materials testing and inspection services project for the Almond Grove Street Reconstruction Project Phase 2 in Los Gatos, which included 10 residential streets. Project improvements consisted of increased disability access, new sidewalks, driveways and concrete paved roadways. Our services included trench backfill placement observation, moisture content testing of aggregate base, and compaction testing of trench backfill.

BART Extension to Berryessa, San Jose, California: Field Technician during materials testing and inspection services for construction of a new BART extension from Fremont to Berryessa in San Jose, California, with two stations and parking garages. Ninyo & Moore provided geotechnical earthwork observation, laboratory testing, and field compaction testing services during earthwork operations associated with railway tracks, ballast and subballast conformance testing in the laboratory, placement of utility trench backfill, preparation of pavement subgrade, and pavement section construction, sampling of concrete and testing them in the laboratory for compression testing, structural steel welding inspection and vibration and noise monitoring during pile driving operations.

City of South San Francisco Four Parks Project, South San Francisco, California: Field Technician for geotechnical observation and testing on the Four Parks Renovation Project. The four parks included Buri Buri Park, Winston Park, Francisco Terrace Park, and Clay Park. Related improvements included construction of pavement sections for parking lots, side walk, curb & gutter, access ramps, and new safety play surfaces. Geotechnical Observation and testing services consisted of qualification review of aggregate base to check for compliance with project specifications; and compaction testing of subgrade, aggregate base, and asphalt concrete. After project completion, Ninyo & Moore prepared the final report presenting the result on our field and laboratory testing services.

City of Cupertino, Cupertino, California: Field Technician for compaction testing under pavements and building pads, and observation of trench backfill for utility lines for McClellan Ranch in Cupertino, California.

City of Redwood City, Redwood City, California: Field Technician for construction materials testing services to the City of Redwood City for the Sanitary Sewer Replacement project which consisted of excavation and backfill for sewer mains.

Services provided included laboratory testing for soils and aggregates, and field density testing of backfill material.

Stanford Old Chemistry Building, Stanford, California: Field Technician for pull testing and concrete sampling and testing for the Stanford Old Chemistry Building.

Stanford Hepl South End Station, Stanford, California: Field Technician performed concrete sampling and testing including slump test and casting of cylinders for laboratory compression testing.

EDUCATION
B.A., Environmental Studies, 2013,
California State University East Bay,
Hayward, California

CERTIFICATIONS
ACI Concrete Field Testing Technician
Grade I, #01400982
Caltrans Concrete Test Methods
(CT: 231, 375, 504, 518, 539, 540, 543,
556, 557)
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 29 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
As a Field Technician for Ninyo & Moore, Mr. Urmeneta has 2 years of experience providing quality control and quality assurance testing of soils, aggregates, asphalt and concrete materials in accordance with applicable ASTM, AASHTO, and ACI standards. He maintains current field and laboratory testing certifications from ACI as well as his nuclear gauge certification.

EXPERIENCE
City of Fremont, Central Park Large Group Picnic Area, Fremont, California:

Field Technician for project involving a geotechnical evaluation and materials testing and inspection for the City of Fremont’s new large group picnic area. Project included a new main restroom and concessions building, bocce ball and volleyball courts, outdoor seating, shade structures, picnic areas, playground structure, sidewalks, hardscape, landscaping, and other miscellaneous improvements.

San Jose State University, South Campus Golf Complex, San Jose, California:

The project included the construction of a golf driving range, parking areas, and tall netting around a portion of the perimeter of the golf driving range with support post heights of up to 160 feet. Services provided included field technician geotechnical observations and compaction testing.

San Jose State University, Recreation & Aquatic Center, San Jose, California:

Field Technician for the construction of the 75,000 square foot recreation and aquatic center. The project included auger cast drilled displacement piles to mitigate the potential for foundation settlement. Services provided included field technician geotechnical observations and compaction testing.

City Center Bishop Ranch, San Ramon, California: Field Technician for the construction of a 300,000 square foot commercial retail shopping center being developed by Sunset Development Company. Services provided included field technician geotechnical observations and compaction testing.

Merlone, The Village at San Antonio Center, Mountain View, California: Field Technician performing concrete sampling and testing including slump test and casting of cylinders for laboratory compression testing. The project included the construction of six buildings.

Stanford University, Chem-H & SNI Building, Stanford, California: Field Technician for project which consisted of construction of a 230,000 square foot, three story laboratory building with basement. It included a structural retaining wall designed to support the partial demolition of an existing ice storage tank on the northwest side of the project site as well as a below-grade tunnel that connected the existing Clark/ RAF/Fairchild tunnel to the new Chem-H & SNI building. Ninyo & Moore’s services provided consisted of project management, reinforcing steel inspection, concrete sampling and testing, non-shrink grout placement inspection, shotcrete sampling and testing, masonry inspection, ultrasonic testing for steel welding and shop and field welding inspections.

Stanford University, 3181 Porter Drive Redevelopment, Stanford, California:

Field Technician responsible for providing materials testing services which included reinforcing steel inspection, concrete placement inspection and concrete sampling including testing and inspection of two approximately 5,000 cubic yard mat foundation concrete pours. Additional construction services included non-shrink grout placement and sampling, post-installed anchor installation inspection, high strength bolting inspection, non-destructive testing, and structural steel welding inspection onsite and in fabrication shops in California, Nevada, and Idaho.

Jonathan F. Urmeneta, ACI
Field Technician

CERTIFICATIONS
ACI Concrete Field Testing Technician
Grade I
Radiation (Nuclear Gauge) User Safety
(Cert #18401)
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 30 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Qualifications of Key Personnel
As a Field Technician for Ninyo & Moore, Mr. Manchester is experienced in performing Concrete Testing, Soil/HMA Density Inspection and Geotechnical Observation in a wide variety of construction projects. He holds an ACI concrete testing certification and his experience includes universities, schools, airports, municipal structures, roadways, commercial and retail buildings.

EXPERIENCE
Town of Los Gatos, Almond Grove Street Reconstruction Project Phase 2, Los Gatos, California: Field Technician during materials testing and inspection services for project which included improvements consisting of increased disability access, new sidewalks, driveways and concrete paved roadways on 10 residential streets. Our services included trench backfill placement observation, moisture content testing of aggregate base, and compaction testing of trench backfill.

City of Fremont, Central Park Fields 9 and 10 Project, Fremont, California:

Field and Laboratory Assistant responsible for providing materials testing services for the Central Park Fields 9 and 10 project located in Fremont, California. The project consisted of installation of synthetic turf for the sports field, drilled pier foundations for the sports lightning and concrete paving.

City of Fremont, Central Park Large Group Picnic Area, Fremont, California:

Field Technician for project involving a geotechnical evaluation and materials testing and inspection for the City of Fremont’s new large group picnic area.

Project included a new main restroom and concessions building, bocce ball and volleyball courts, outdoor seating, shade structures, picnic areas, playground structure, sidewalks, hardscape, landscaping, and other miscellaneous improvements.

City of Millbrae, Hillcrest Boulevard Storm Drain Improvements, Millbrae, California: Field Technician during geotechnical observation and materials testing services for the Hillcrest Boulevard Storm Drain Improvements project.

The project consisted of installing approximately 950 Linear Feet of the storm drain system along Ashton Avenue and Hillcrest Boulevard. Our services included trench backfill placement observation, moisture content testing of aggregate base, and compaction testing of trench backfill and asphalt concrete.

City of Cupertino, Cupertino, California: Field Technician for compaction testing under pavements and building pads, and observation of trench backfill for utility lines for McClellan Ranch in Cupertino, California.

City of Albany, Sewer Rehabilitation Project, Albany, California: Field Technician during geotechnical observation and compaction testing services on the rehabilitation of the city sewer lines along Washington Avenue, Gateview Avenue, Pierce Street, Solano Avenue, Hillside Avenue, Fillmore Street, and Taylor Street. These services consisted of earthwork observation, soil testing of subgrade and aggregate base for specified density and moisture content, laboratory testing of soils for maximum density, and preparation of final reports for field and laboratory testing services. Ninyo & Moore worked with the city’s project manager to review project submittals, monitor construction activities, and coordinate field inspections.

Peter Manchester, ACI, Caltrans
Field Technician

CERTIFICATIONS
ACI Concrete Field Testing Technician
Grade I, #01536810
Caltrans Concrete Test Methods
(CT: 125 AGG, 125 BIT, 125 GEN,
125 HMA, 231, 375)
Certified Pervious Concrete Technician,
#PCC062947
Radiation (Nuclear Gauge) User
Safety, #18538
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 31 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Sub-Consultants
Typically, the proposed scope of materials testing services is tailored to the project needs. Ninyo & Moore’s considerable experience in both design and construction allows our staff of engineers, geologists, and materials technicians to react quickly to changing conditions so that potential construction down time is reduced or eliminated. Due to the size of Ninyo & Moore, we do not intend to utilize subcontractors for this contract. Therefore, 100% of the work performed on this contract will be provided by our firm, a California company with 35 years of expertise and experience with local laws, ordinances, regulations, policies, requirements, and permitting.

AnchorCM is included as a subconsultant to provide construction management and staffing assistance to the Town of Los Gatos.

Company information and scope of services are provided below.

Company Name: AnchorCM
Address: 3685 Mt. Diablo Blvd, Suite 345, Lafayette, California 94549 Contact info: Chris Coles, PE, CCM, President, 925.385.0950 [email protected] DIR No.: 1000015352
Tax ID No.: 72-1549923
AnchorCM was founded in 2003 as Anchor Engineering, Inc. Our specialty is construction and project management and staff augmentation services for public infrastructure projects and programs throughout California. We support a broad and diverse array of planning and preconstruction, construction management and administration, and closeout/claims mitigation oversight and support. From specialized services such as scheduling and estimating for major programs to resident engineering of individual projects, AnchorCM can meet your needs for successful project delivery.

We are driven by the desire to provide exemplary service to our clients, while providing a professional work environment for our staff. By attracting the best and brightest to our firm, your projects get the attention they need. AnchorCM is a California Disabled Veteran Business Enterprise (DVBE) and Small Business Enterprise (SBE), as well as a Federal Government Service Disabled Veteran Owned Small Business (SDVOSB).

Scope of Services:

AnchorCM scope for Town of Los Gatos Parks and Public Works Department is to be provided as a subconsultant to Ninyo & Moore under an on-call contract. The initial scope is understood to be providing assistance to the CM/inspector and project manager as they procure and execute a federally funded guardrail project City right of way. Scope of work tentatively to be:
• Review E-76, design and bid documents, and procurement process for compliance with OLA and federal requirements.

Provide feedback and/or staff work as needed.
• Help establish contract administration, quality assurance, and reporting practices in keeping with LAPM and other pertinent requirements.
• Assist as needed to close out and respond to Caltrans’ or other inquiries regarding compliance with grant and administrative stipulations.

More general scope could in future include providing construction project management and inspection for other projects as directed.

Sub-Consultants
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 32 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 References
Swinerton (on behalf of the
City of South San Francisco)
Gibane (on behalf of the City of Cupertino)
City and County of San Francisco 49 So. Van Ness Ave., #700, San Francisco, CA 94103 Mr. S. Peter Vorametsanti
Mr. Glenn Rock
Ms. Olivia Lee
Sr. Construction Manager
Senior Project Manager
Resident Engineer
650.740.7368
408.609.0424
415.816.3684
[email protected]
[email protected]
[email protected]
2016 – Ongoing
2014 – Ongoing
$450,000+
$300,000+
References
Foundation Observation, Soil Compaction Testing for Footings, Trench Backfill and Pavement, Materials Testing and Special Inspections for Concrete, Reinforcing Steel, Masonry, Post Installed Anchors, Structural Steel and Fiber Reinforced Polymer (FRP).

Deep and Shallow Foundation Observation, Soil Compaction Testing for Footings, Trench Backfill and Hot mix Asphalt Pavement, Materials Testing and Special Inspections for Concrete, Reinforcing Steel, Masonry, Post Installed Anchors, Structural Steel, Non Destructive Testing and Fireproofing.

DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 33 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 References
2006 – Ongoing $1,000,000
Gregory J. Ruf, PE, GE January 14, 2021
Materials Testing and Special Inspections for Hot Mix Asphalt, Concrete, Reinforcing Steel, Masonry, Post Installed Anchors, Structural Steel, Non Destructive Testing and Shearwall Nailing, Floor Diaphragms and Holdowns.

DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 34 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Insurance Coverage

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
9/26/2020
Dealey, Renton & Associates
P. O. Box 12675
Oakland CA 94604-2675
510-465-3090 510-452-2193
[email protected]
License#: 0020739 Travelers Property Casualty Company of America 25674 NINY&MO-01 Evanston Insurance Company 35378
Ninyo & Moore Geotechnical &
Environmental Sciences Consultants
2149 O'Toole Avenue, Suite 30
San Jose CA 95131
Travelers Casualty and Surety Co of America 31194
653216273
A X 1,000,000
X 1,000,000
X Contractual Liab 10,000
X OCP 1,000,000
2,000,000
X
Y Y 6308986R247 10/3/2020 10/3/2021
2,000,000
A 1,000,000
X
X X
Y Y 8107N033091 10/3/2020 10/3/2021
A X X 9,000,000 Y Y CUP9J428527 10/3/2020 10/3/2021
9,000,000
C X
N
Y UB6P428399 5/1/2020 5/1/2021
1,000,000
1,000,000
1,000,000
B Professional Liab. &
Contractor's Pollution Liab.

Computer Network Security
Y MKLV7PL0004134 4/3/2020 5/1/2021 Per Claim
Annual Aggregate
5,000,000
5,000,000
Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. 30 Day Notice of Cancellation
*SPECIMEN CERTIFICATE* SPECIMEN
As a requirement of the Town’s RFQ, provided below is a specimen copy of our Certificate of Insurance for reference of our carriers, and types and limits of insurance carried by our firm.

Insurance Coverage
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 35 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Preliminary Fee Schedule
Preliminary Fee Schedules
Ninyo & Moore | Project Name | Proposal No. | Date CA12 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist.............................................. $ 188 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 178 Senior Project Engineer/Geologist/Environmental Scientist................................................................................... $ 173 Project Engineer/Geologist/Environmental Scientist............................................................................................... $ 165 Senior Staff Engineer/Geologist/Environmental Scientist....................................................................................... $ 150 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 134 GIS Analyst .............................................................................................................................................................. $ 123 Technical Illustrator/CAD Operator.......................................................................................................................... $ 98 Field Staff
Certified Asbestos/Lead Technician........................................................................................................................ $ 173 Field Operations Manager....................................................................................................................................... $ 119 Nondestructive Examination Technician (UT, MT, LP)........................................................................................... $ 114 Supervisory Technician ........................................................................................................................................... $ 104 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................ $ 104 Senior Technician.................................................................................................................................................... $ 103 Technician................................................................................................................................................................ $ 98 Administrative Staff
Information Specialist .............................................................................................................................................. $ 83 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 81 Data Processor........................................................................................................................................................ $ 71 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr Inclinometer......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and the first 8 hours on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours Monday through Friday, in excess of 8 hours on Saturday, all day Sunday and on holidays. Field technician and special inspection hours for day shift work are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours, and 1/2-hour increments thereafter. Field technician and special inspection hours for shift work (starting at or after 2 PM or before 4 AM) are charged at an 8-hour minimum. Field services are billed on a portal-to-portal basis from our base of operations. Cancellations made after 4 PM on the prior business day are subject to a 4-hour charge.

Our rates will be adjusted proportionally in conjunction with any increase in the Prevailing Wage Determination during the life of the project, as applicable. Prevailing wage adjustments are made July 1 annually. For non-prevailing wage projects our rates are subject to a cost-of-living adjustment based on the consumer price index (CPI-W) annually on a calendar year basis.

DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 36 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Preliminary Fee Schedule
Ninyo & Moore | 2019 Laboratory Testing
Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293.....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 422, CT 203........................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 55 Moisture Only, D 2216, CT 226.................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 422, CT 202..................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ........................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791............................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39.....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109..................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289...................$ 475 Fireproofing Density Test, UBC 7-6...........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136.................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

Ninyo & Moore 37 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Preliminary Fee Schedule
Forensic Engineer/Expert Witness $ 357.00
Principal Consultant $ 326.00
Principal-in-Charge $ 272.00
Project Principal Engineer/CM $ 239.00
Senior Engineer/CM $ 217.00
Associate Engineer/CM $ 191.00
Staff Engineer/CM Level 4 (PE or equivalent) $ 175.00
Staff Engineer/CM Level 3 (PE or equivalent) $ 162.00
Staff Engineer/CM Level 2 (EIT or equivalent) $ 137.00
Staff Engineer/Deputy CM Level 1 $ 113.00
Junior Engineer/Assistant CM $ 110.00
Senior Engineering Technician $ 156.00
Mid Engineering Technician $ 122.00
Engineering Technician $ 98.00
Construction Representative / Senior Inspector $ 161.00 Prevailing Wage Building / Construction Inspector $ 150.00 Prevailing Wage Soils / AC Inspector $ 150.00
Senior Contract Administrator $ 156.00
Bookkeeper $ 156.00
Contract Administrator $ 100.00
Contract Administration Assistant $ 74.00
Project Administrative Staff
Notes:

1. Field vehicles will be billed at $1,700/month; cell phone and mobile broadband service billed at $90/mo.

2. Other direct costs (ODCs) and subconsultant fees are billed separately at ACM cost plus 10%.

3. Four- and eight-hour minimums apply for cancellations, tasks requiring travel, and legal appearances.

4. Contract project staff will be billed at the contract rate for legal work and appearances, with yearly escalation applied.

5. Inspector rates may vary due to prevailing wage requirements and determinations of the California Department of Industrial Relations and/or the Department of Labor.

AnchorCM
2021 Fee Schedule
Principal
Engineer/Manager
Engineering Technician
Inspector
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

2149 O’Toole Avenue, Suite 30 | San Jose, California 95131 | p. 408.435.9000 | f. 408.435.9006 ARIZONA | CALIFORNIA | COLORADO | NEVADA | TEXAS | UTAH ninyoandmoore.com
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4

PREPARED BY: Dan Keller
Facilities and Environmental Services Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Interim Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 15
DATE: June 2, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Shaw Industries Inc. for Flooring Replacement at the Adult Recreation Center in an Amount of $133,920.59 Including a 5% for Unanticipated Services, for a Total Agreement Amount Not to Exceed $140,616.61
RECOMMENDATION:

Authorize the Town Manager to execute an Agreement for Services with Shaw Industries Inc. for flooring replacement at the Adult Recreation Center (Attachment 1) in an amount of $133,920.59 including a 5% for unanticipated services, for a total agreement amount not to exceed $140,616.61.

BACKGROUND:

This project will replace the flooring in the Adult Recreation Center to better provide comfortable, attractive, safer, and easier to maintain floor coverings throughout the facility.

The new flooring products include vinyl plank for community rooms, lobby, and hallway, and non-slip material for the stairs. Commercial grade carpet squares will be installed in the offices.

The existing floor coverings throughout the facility have exceeded their serviceable life.

On September 21, 2021, an Agreement for Services for this project was awarded by Town Council with a vendor, Harry L. Murphy. The Agreement for Services with Harry L. Murphy was not executed. During the process of completing the agreement, it was brought to staff’s attention that the main contractor on this project would be Shaw Industries Inc., therefore, staff is now requesting a contract with Shaw Industries Inc. to provide materials and installation.

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Shaw Industries Inc. for Flooring Replacement at the Adult Recreation Center in an Amount of $133,920.59 Including a 5% Contingency, for a Total Agreement Amount Not to Exceed $140,616.61
DATE: June 2, 2022
DISCUSSION:

Shaw Industries Inc. is a flooring contractor that is a member of Sourcewell, an organization that establishes competitive labor and materials costs. Sourcewell contractors are held to competitive industry labor and material costs. One quote was obtained based on this information as the Town’s Purchasing Policy allows for the use of cooperative purchasing agreements.

Sourcewell awards contracts through cooperative purchasing which is a procurement conducted by one or more "Public Procurement Units" as defined by the American Bar Association Model Procurement Code for State and Local Governments.

Sourcewell holds hundreds of competitively solicited cooperative contracts ready for use by government, education, and nonprofit organizations. The contract between Sourcewell and Shaw Industries Inc. is shown in Attachment 2.

CONCLUSION:

Authorize the Town Manager to execute an Agreement for Services with Shaw Industries Inc. for flooring replacement at the Adult Recreation Center (Attachment 1) in an amount of $133,920.59 including a 5% contingency, for a total agreement amount not to exceed $140,616.61. Approval of the recommended action will allow this project to progress.

FISCAL IMPACT:

The Adopted FY 2021/22-2024/25 Capital Improvement Program has sufficient funding for the Adult Recreation Center – Floor Repair project. In addition, through the County’s budgeting process, the Town may receive grant funding for a portion of this project. The County will be deciding its budget later in June. If the grant is approved, any unused Town funds would return to the General Fund Appropriated Reserve (GFAR) for Council allocation to other capital needs.

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Shaw Industries Inc. for Flooring Replacement at the Adult Recreation Center in an Amount of $133,920.59 Including a 5% Contingency, for a Total Agreement Amount Not to Exceed $140,616.61
DATE: June 2, 2022
FISCAL IMPACT (continued):

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Agreement for Services

2. Contract between Sourcewell and Shaw Industries Inc.

Budget Costs
GFAR $ 200,000
Total Budget $ 200,000
Shaw Industries Incorporated $ 140,616
Total Expenditures $ 140,616
Remaining Budget $ 59,384
Adult Recreation Center Floor Repair
CIP No. 821-2206

Shaw Industries Inc.

Agreement for Services Attachment 1

AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 23
rd day of May 2022, and is made by and
between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Shaw Industries Inc., (“Service Provider”), whose address is P O Box 208408, Dallas, TX 75320. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.

1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1.3 Town desires to engage Service Provider to provide flooring installation services in the Adult Recreation Center.

1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.

II. AGREEMENT

2.1 Scope of Services. Service Provider shall provide services as described in the Proposal sent to the Town on January 24, 2022 and is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. The effective date of this Agreement shall begin upon execution through June 30, 2023, subject to appropriation of funds, notwithstanding any other provision in this agreement.

2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

Shaw Industries Inc.

Agreement for Services Attachment 1

2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.

2.6 Compensation: Compensation for the supplies and materials delivered and for supplier's professional services for an amount of $133,920.59 including 5% for unanticipated services, for a total agreement amount not to exceed $140,616.61. Payment shall be based upon Town approval of each task.

2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.

Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655

2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.

2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

Shaw Industries Inc.

Agreement for Services Attachment 1

2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.

2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her

Shaw Industries Inc.

Agreement for Services Attachment 1

firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide

Shaw Industries Inc.

Agreement for Services Attachment 1

evidence of such policy to the Town before beginning services under this Agreement.

Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.

3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.

IV. GENERAL TERMS

4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.

4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.

In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.

Shaw Industries Inc.

Agreement for Services Attachment 1

4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.

4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.

4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.

The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.

4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a

Shaw Industries Inc.

Agreement for Services Attachment 1

registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.

4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.

4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.

4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.

4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Shaw Industries Inc.

Attn: Eric Taylor
P O Box 208408
Dallas, TX 75320
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement,

Shaw Industries Inc.

Agreement for Services Attachment 1

unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos by:

Laurel Prevetti, Town Manager
Recommended by:

Interim Director of Parks and Public Works
Shaw Industries Inc., by:

Title
Approved as to Form:
_____________________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________________
Shelley Neis, MMC, CPMC, Town Clerk

1 Rev. 4/2019
080819-SII
Solicitation Number: 080819 CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Shaw Industries, Inc., 616 E. Walnut Avenue, Dalton, GA 30721 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members).

For clarification and avoidance of doubt, this Contract entirely supersedes and replaces the prior Contract version, signed on October 8, 2019.

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires October 11, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site.

DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA Attachment 2

2 Rev. 4/2019
080819-SII
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold.

C. WARRANTY. Vendor warrants that all Equipment, Products, and, subject to the applicable generally-published manufacturer's limited product warranty, Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member.

EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY

LAW, VENDOR MAKES NO OTHER WARRANTIES FOR ANY EQUIPMENT, PRODUCTS, SERVICES,

OR MATERIALS PROVIDED UNDER THIS AGREEMENT AND HEREBY DISCLAIMS ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.

D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase.

When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

3 Rev. 4/2019
080819-SII
circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member.

B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. Unless exempt, Members shall be responsible for all applicable taxes arising from the provision of Products, Equipment, or Services under this Contract.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, Service, or price changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. Sourcewell's approval of such requests shall not be unreasonably withheld. Notwithstanding anything herein to the contrary, Sourcewell will approve all Equipment, Product, and/or Service price increases without limitation if attributable to a material change to applicable duties, taxes, tariffs, similar charges, or other government action, and Sourcewell will use commercially reasonable efforts to expedite the effective implementation of such price increase. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:

Ƒ Identify the applicable Sourcewell contract number
Ƒ Clearly specify the requested change
Ƒ Provide sufficient detail to justify the requested change Ƒ Individually list all Equipment, Products, or Services affected by the requested DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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change, along with the requested change (e.g., addition, deletion, price change) Ƒ Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.

5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and, where appropriate, will use commercially reasonable efforts to encourage potential members to join Sourcewell, unless such potential member is already a member of another group purchasing organization or similar organization. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws.

6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members and/or their authorized purchasing agent, contractor, or similar designee shall be solely responsible for noting the applicable Sourcewell contract number on all purchase orders. Members will be solely responsible for payment and Sourcewell will have no liability for DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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any unpaid invoice of any Member.

B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal.

C. PERFORMANCE BOND. If reasonably requested by a Member, Vendor may provide a performance bond that meets the requirements set forth in the Member’s purchase order.

D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.

F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

Ƒ Maintenance and management of this Contract;
Ƒ Timely response to all Sourcewell and Member inquiries; and Ƒ Business reviews to Sourcewell and Members, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract.

A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). Except to the extent applicable law deems the Report and its underlying information public or requires its disclosure, the foregoing will be limited by Vendor’s applicable confidentiality obligations, including without limitation any contractual obligations to Members.

The Report must contain the following fields:

Ƒ Customer Name (e.g., City of Staples Highway Department); Ƒ Customer Physical Street Address;
Ƒ Customer City;
Ƒ Customer State;
Ƒ Customer Zip Code;
Ƒ Customer Contact Name;
Ƒ Customer Contact Email Address;
Ƒ Customer Contact Telephone Number;
Ƒ Sourcewell Assigned Entity/Member Number;
Ƒ Item Purchased Description;
Ƒ Item Purchased Price;
Ƒ Sourcewell Administrative Fee Applied; and
Ƒ Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members under this Contract. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total net sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter, less any applicable taxes, freight, fees, and discounts and less amounts attributable to any Services, freight, delivery installation, unpaid invoices, returned Products or materials, or credits issued. Orders under this Contract will only be eligible for the administrative fee if the Member notes the applicable Sourcewell contract number on the purchase order when submitting such purchase order. Payments should note the Sourcewellassigned contract number in the memo and must be mailed to the address above “Attn:

Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date.

Sourcewell is solely responsible for notifying any Member or other entity participating hereunder of its Administrative Fee and for complying with all laws and regulations related or applicable to such Administrative Fee.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, masterservant, principal-agent, or any other relationship.

11. LIABILITY
DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees brought against Sourcewell or its Member by a third party to the extent, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. AUDITS
A. Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor pursuant to this Contract solely to the extent necessary to verify Vendor's compliance with its obligations hereunder for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract.

13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the authorized use of any Equipment or Products by Sourcewell or its Members in accordance with their applicable specifications supplied by Vendor under this Contract in violation of applicable patent or copyright laws.

15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have not less than sixty (60) calendar days, unless otherwise approved in writing, to cure an outstanding issue or, in the event such issue cannot be cured within sixty (60) calendar days, to take material steps to cure such issue, provided that Vendor must continue to diligently pursue such cure until complete.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

Ƒ Exercise any remedy provided by law or equity, or
Ƒ Terminate the Contract or any portion thereof, including any orders issued against the Contract.

20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor.

Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

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C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.

21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members.

22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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operated by the State of Minnesota, the United States federal government, or any Member.

Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

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the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is DocuSign Envelope ID: 1E69E0EB-E7A7-4B77-BF1B-BC862BFB96FA

16 Rev. 4/2019
080819-SII
a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination.
[
Sourcewell
By: __________________________
Jeremy Schwartz
Title: Director of Operations &
Procurement/CPO
Date: ________________________
Shaw Industries, Inc.

By: __________________________
ĂƌƌŝĞŶDƵŶƌŽĞ
Title: ŽŶƚƌĂĐƚ^ƉĞĐŝĂůŝƐƚ
Date: ________________________
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Interim Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 6/7/2022
ITEM NO: 16
DATE: June 2, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Consultant Services Agreement with Dixon Resources Unlimited for the Comprehensive Downtown Parking Study to Extend the Contract Term RECOMMENDATION:

Authorize the Town Manager to execute a second amendment to the consultant services agreement with Dixon Resources Unlimited (Dixon) for the Comprehensive Downtown Parking Study to extend the contract term.

BACKGROUND:

On March 19, 2019, the Town Council approved an agreement with Dixon for the Comprehensive Downtown Parking Study. The study scope includes a full review of existing conditions, past parking discussions and policies; outreach to stakeholders; data collection and analysis; and suggested strategies for managing parking.

In December 2019, Dixon completed the parking study and provided a document titled “Parking Roadmap” that provides a series of recommendations to guide the Town towards the effective management of the Downtown parking supply. The Parking Roadmap highlights opportunities to phase the implementation of improvements and adjustments over several years to allow for demonstrated effectiveness prior to embarking on subsequent efforts.

In June 2020, the first amendment to the consultant services agreement with Dixon was executed to extend the contract end date from June 30, 2020, to June 30, 2022.

PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Consultant Services Agreement with Dixon Resources Unlimited Resources for the Comprehensive Downtown Parking Study to Extend the Contract Term.

DATE: June 2, 2022
DISCUSSION:

In April 2021, the Town Council approved the implementation of the pilot Employee Parking Program as recommended in the Parking Roadmap. Staff is working with a striping and signage contractor to implement the pilot program by the end of this summer for business owners and employees who work in Downtown. Also, as presented to Council on March 15, 2022, staff is finalizing the design for the Downtown Wayfinding Signage and evaluating parking pay stations and mobile payment applications for the Downtown municipal parking lots.

A task remaining for Dixon as part of the Comprehensive Downtown Parking Study is the “Implementation Support” to the Town to provide technical support, assist in managing vendors, and support additional flexible solutions capable of growing and expanding with the Town’s evolving needs. A second amendment (Attachment 1) to the consultant services agreement with Dixon is required to extend the contract period to June 30, 2023.

CONCLUSION:

Authorize the Town Manager to execute a second amendment to the consultant services agreement with Dixon Resources Unlimited to extend the contract term for the Comprehensive Downtown Parking Study to June 30, 2023.

COORDINATION:

This project has been coordinated with the Town Attorney FISCAL IMPACT:

There are sufficient funds remaining in the contract balance for the term extension. There is no fiscal impact as a result of this report.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Second Amendment with Original Agreement

Second Amendment to Agreement for Consultant Services with Dixon Resources Unlimited Comprehensive Downtown Parking Study

SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This SECOND AMENDMENT is dated for identification this 7th day of June 2022 and amends that certain AGREEMENT FOR CONSULTANT SERVICES for a Comprehensive Study of Downtown Parking, dated March 20, 2019, made by and between the Town of Los Gatos, ("Town,") and the Dixon Resources Unlimited (“Consultant.”).

RECITALS
A. Town and Consultant entered into an Agreementfor Consultant Services on April 25, 2019, (“Agreement”), and the First Amendment to the Agreement dated June 22, 2020, was executed to extend the agreement term to June 30, 2022, and a copy ofthe Agreement and First Amendment is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town desires to further amend the Agreement to extend the agreement term to June 30, 2023.

AMENDMENT

1. 2.2 Term and Time of Performance is amended to read as follows:

This contract will remain in effect until June 30, 2023.

2. All other terms and conditions of the Agreement remain in full force and effect.

Attachment 1

Second Amendment to Agreement for Consultant Services with Dixon Resources Unlimited Comprehensive Downtown Parking Study

IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

Town of Los Gatos Approved as to Consent:

By: _______________________________ By: ______________________________ Laurel Prevetti, Town Manager Julie Dixon
President
Department Approval:
_______________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Shelley Neis, MMC, CPMC, Town Clerk

ATTACHMENT 1

PREPARED BY: Dan Keller
Facilities and Environmental Services Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Interim Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 17
DATE: May 24, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Universal Site Services to Extend the Term through August 31, 2022, and Increase Compensation for Fiscal Year 2021/22 by $500 and Fiscal Year 2022/23 by $9,511.11 for a Total Amended Amount Not to Exceed $197,748.11
RECOMMENDATION:

Authorize the Town Manager execute a First Amendment to the Agreement for Services with Universal Site Services (Attachment 1) to extend the term through August 31, 2022 and increase compensation for Fiscal Year (FY) 2021/22 by $500 and FY 2022/23 by $9,511.11 for a total amended amount not to exceed $197,748.11.

BACKGROUND:

The Town of Los Gatos has utilized contractual services to provide enhanced downtown garbage collection and recycling on the weekends with additional weekday recycling collection since September 2018. The current agreement for services with Universal Site Services will expire on June 30, 2022. The Town issued a Request for Proposals (RFP) on May 4, 2022, for a new five-year term beginning September 1, 2022.

Implementation of the current service model of contracted recycle and enhanced trash hauling on weekends in the downtown, combined with an increase in recycling receptacles has significantly decreased the incidents of overflowing trash receptacles with a corresponding decrease to the amount of recyclable waste going to the landfill. Staff continues to increase the number of recycling receptacles to meet the needs of the downtown with the ultimate goal of

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Universal Site Services to Extend the Term through August 31, 2022, and Increase Compensation for Fiscal Year 2021/22 by $500 and Fiscal Year 2022/23 by $9,511.11 for a Total Amended Amount Not to Exceed $197,748.11
DATE: May 24, 2022
BACKGROUND (continued):
completing one-to-one receptacle pairings. In FY 2020/21, the Town added 7 pizza box receptacles to mitigate the increase in large takeout containers that were causing overflow and jams in the trash receptacles. Currently, the service includes 61 trash receptacles, 50 recycling receptacles, 7 pizza box receptacles, and 3 big belly receptacles.

In addition to collection, Universal Site Services provides cleaning services of the receptacles.

The receptacle design leads to soiled surfaces, which have historically been a nuisance downtown.

DISCUSSION:

On May 4, 2022, staff issued a Request for Proposals (RFP) for the following service categories:
• Downtown weekend garbage collection
• Downtown recycling collection on weekends and midweek • Cleaning of all receptacles
Firms were asked to provide their capability and past experience with collection and recycling service and to provide pricing for each category. The Downtown Los Gatos Garbage, Recycling, and Pizza Box Receptacle Collection and Cleaning RFP had a deadline of May 27, 2022, at which time staff will determine the best qualified and most cost competitive firm to bring to Council for the new five-year term beginning September 1, 2022 through June 30, 2026.

Given the Town’s contract with Universal Site Services expires on June 30, 2022, the Town is requesting an amendment to extend the term to August 31, 2022 to cover the time for RFP proposal review and council approval for a new five-year term beginning September 1, 2022.

This amendment would also add $500 to FY 2021/22 for the addition of 7 pizza box receptacles requiring servicing and cleaning in Downtown Los Gatos beginning July 1, 2021. The amended amount of $9,511.11 is for 2 additional months, July and August in 2022.

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Universal Site Services to Extend the Term through August 31, 2022, and Increase Compensation for Fiscal Year 2021/22 by $500 and Fiscal Year 2022/23 by $9,511.11 for a Total Amended Amount Not to Exceed $197,748.11
DATE: May 24, 2022
CONCLUSION:

Authorize the Town Manager execute a First Amendment to the Agreement for Services with Universal Site Services (Attachment 1) to extend the term through August 31, 2022 and increase compensation for Fiscal Year 2021/22 by $500 and Fiscal Year 2022/23 by $9,511.11 for a total amended amount not to exceed $197,748.11.

FISCAL IMPACT:

Funds for the services for FY 2021/22 and FY 2022/23 have been appropriated in the Parks and Public Works Operating Budget.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. First Amendment to Agreement for Services

2. Original Agreement for Services

Universal Site Services – First Amendment to Agreement for Services

FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 8 th day of June
2022 and amends that certain Agreement for Services dated September 1, 2018, made by and between the Town of Los Gatos ("Town") and the Universal Site Services (“Service Provider”).

RECITALS
A. Town and Supplier entered into an Agreement for Services on September 1, 2018, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town desires to amend the Agreement for Services to amend the term of agreement and increase compensation for the Scope of Services.

AMENDMENT

1. 2.2 Term of Performance is amended as follows:

The effective date of this Agreement is September 1, 2018 and will continue through August 31, 2022, subject to appropriation of funds, notwithstanding any other provision in this agreement.

2. 2.6 Compensation is amended as follows:

Compensation for services will increase $500 for FY 21/22 and $9,511.11 for FY 22/23 and for total agreement amount not to exceed $197,748.11.

Year Base
Amount
10% for
additional
services
Total Amount
FY 21/22 Unforeseen Expenses - $500 $500
FY 22/23 (7/1/22-8/31/22) $8,646.46 $864.65 $9,511.11
Total Agreement Amount
Not to Exceed $197,748.11

3. All other terms and conditions of the Agreement remain in full force and effect.

ATTACHMENT 1

Universal Site Services – First Amendment to Agreement for Services IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.

Town of Los Gatos by: Service Provider by:
_______________________________ ________________________ Laurel Prevetti, Town Manager
________________________
Name/Title
Department Approval:
_______________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ __________________________ Gabrielle Whelan, Town Attorney Shelley Neis, CMC, Town Clerk

IS, 230
IHH

AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 15` of September 2018 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, ( " Town ") and UNIVERSAL SITE SERVICES, ( " Service Provider "), whose address is 760 E. Capitol Avenue, Milpitas, CA 95035. This Agreement is made with reference to the following facts.

I. RECITALS

1. 1 The Town desires to engage Service Provider to provide garbage and recycling receptacle collection and cleaning services.

1. 2 The Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1. 3 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.

II. AGREEMENT

2. 1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on June 18, 2018, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Tenn and Time of Performance. The effective date of this Agreement shall begin on September 1, 2018 and will continue through June 30, 2022, subject to appropriation of funds, notwithstanding any other provision in this agreement.

2. 3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

2. 4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

2. 5
Information/ Renort Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town' s property and shall be delivered to the Town upon the completion of services or at the Town' s written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual ft,e1 of
ATTACHMENT 2

or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town' s use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town' s risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.

2. 6 Compensation. Payment shall be based upon Town approval of each task. Compensation / for services shall be as follows:

Year Base Amount 10% for
additional
services
Total Amount
2018 -2019 10 mos 34, 770 3, 477 38, 247
2019 -2020 43, 464 4,346.40 47, 810. 40
2020 -2021 45, 276 4,527. 60 49, 803. 60
2021 - 2022 47, 160 4, 716 51, 876
Total Agreement Amount
Not to Exceed
170, 670 17, 067 187, 737
Compensation shall be adjusted upward annually for the remaining term of this Agreement per this table and in lieu of any local Consumer Price Index ( CPI) adjustments.

2. 7 Failure to Perform. It is mutually agreed by SERVICE PROVIDER and TOWN that in the event that performance ofthe work by SERVICE PROVIDER under this Agreement is not completed as scheduled, 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, SERVICE PROVIDER shall pay to TOWN the sum of one hundred dollars ($ 100. 00) per location per scheduled service in liquidated damages for every missed service beyond three missed services in a month in addition to reducing the monthly payment by the cost of that service. In the event that the liquidated damages are not paid, SERVICE PROVIDER agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to SERVICE PROVIDER under this Agreement.

2. 8 Schedule. Service Provider shall provide a schedule to the Town prior to beginning work.

The schedule shall identify dates of service for each location. Schedule changes shall be approved by the Town with 24 -hour notice. Each missed location shall be considered a failure to perform, unless the contractor provides advance notice of schedule change.

2. 9 Billine. Billing shall be monthly by invoice within thirty ( 30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even ifonly in partial or draft form.

Payment shall be net thirty ( 30) days. All invoices and statements to the Town shall be addressed as follows:

Town of Los Gatos
Attn: Accounts Payable
P. O. Box 655
Los Gatos, CA 9503 1 - 065 5

2. 10 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement.

Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.

2. 11 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

2. 12 Independent Service Provider. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent Service Provider and not an agent or employee of the Town. As an independent Service Provider he /she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee( s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider' s negligent performance or wrongdoing.

2. 13 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an

interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town' s sole discretion, sever any such employment relationship.

2. 14 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its sub - service Providers do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3. 1 Minimum Scope of Insurance:

Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/ her and his/ her firm to an amount not less than: one million dollars ($ 1, 000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/ her and his/ her staff to an amount not less than one million dollars ($ 1, 000, 000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates ofinsurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

General Liability:

The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider' s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self - insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess ofthe Service Provider's insurance and shall not contribute with it.

PageboO Page 253
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider' s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3. 2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the tern of this agreement with the Town Clerk.

3. 3 Workers' Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.

Further, Service Provider shall ensure that all subService Providers employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.

3. 4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider' s officers, employees, or agents or any subService Provider.

IV. GENERAL TERMS

4. 1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

4. 2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.

4. 3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of termination. In the event oftermination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.

In the event of such termination, Town shall pay Service Provider an amount that bears the

same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.

4. 5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.

4. 6 Prevailing Wages. In accordance with the provisions of Sections 1770 et seq., of the Labor Code, the Director ofthe Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. Service Provider will be required to pay to all persons employed on the project by the Service Provider sums not less than the sums set forth in the documents entitled " General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773. 1." These documents may be obtained from the State of California.

Pursuant to Labor Code section 1725. 5, no Service Provider or sub - service Provider may be awarded a contract for public works on a public works project unless registered with the Department of Industrial Relations.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and/ or the Town of Los Gatos.

The Service Provider is required to post notices on Public Works requirements.

4. 7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Universal Site Services
Attn: David Sanchez
760 E. Capitol Avenue
Milpitas, CA 95035
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

4. 8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

4. 9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos by:

Laurel P evetti; Town Manager
Director of Parks and
Approved as to Form:

Schultz, ttomey
Attest:

V-\ C) l'-2 , I
Shelley Neis, CM 6, Town Clerk A minis
Universal Site Services by:

Title
rate 7 on

UNIVERSAL SITE

SERVICES

BID PRICE SHEET
For all services described below, unless excluded by the Town in description of services below, the Town shall consider unit prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the Bidder to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of bid.

A. DOWNTOWNLOS GATOS GARBAGEAND RECYCLING RECEPTACLE

COLLECTIONAND CLEANING SERVICES BID SHEET

DESCRIPTION, WITH UNIT PERIOD COST ESTIMATED
PRICE IN WORDS. ( PRICE IS HOURS

INCLUSIVE OF ALL

APPLICABLE TAXES AND
FEES
Basic Collection and Cleaning Monthly
3, 372. 17
n/ a
Services Current inventory

2. 2018 -2019 Monthly 3, 477. 00 n/ a
2019 -2020 Monthly 3, 622. 00 n/ a
2020 -2021 Monthly 3, 773. 00 n/ a
2021 - 2022 Monthly 3, 930. 00 n/ a
3 Additional Cost per new garbage
Monthly
47' 58
n/ a
receptacle
4 Additional Cost per new recycling Monthlyy
71' 37
n/ a
receptacle
5 Reduction in Cost for removal of
Monthly
47' 58
n/ a
garbage receptacle ( per can
6'
Reduction in Cost for removal of
Monthl y

71. 37
n/ a
rec clin receptacle ( per can)
Additional Collection and Cleaning 175. 82

7. Service day ( one time) — Recycling Daily n/a
Only
Additional Collection and Cleaning 570. 32

8. Service day ( ongoing) — Recycling Monthly n/ a
Only
Additional Collection and Cleaning 384. 61

9. Service day ( one time)— Garbage and Daily n/ a
Recycling
Additional Collection and Cleaning 1, 051. 64

10. Service day ( ongoing) -- Garbage and Monthly n/ a
Recycling
it. Emergency Collection and Cleaning Hourlyy

65. 00
Service
12 Sebeduted Day porter cleaning and Hourly

45. 00
collection services

W
1 I
o Since 1958

YOUR PROPERTY, OUR PRIORITY
Why Universal Site Services, Inc.

Dear Jim,
Points of interest that I would like to touch base why working with USS would be beneficial to Town of Los Gatos.

Outside of having been the contractor for this same proposed work in the past, Universal Site Services has the equipment and infrastructure to provide professional, dedicated services with ample supervisions and manpower.

Please review the details enclosed.

Service Plan
USS has been providing the Town of Los Gatos exterior maintenance services for the past 16years in the capacity of sweeping, pressure washing and day porter services. USS has built a reputation on providing quality exterior maintenance services starting in San Jose moving to Stockton and now servicing the entire state of California and cities in Arizona & Nevada.

USS has a 24 hour answering service that will allow any one from the Town of Los Gatos to reach one of our account managers at anytime of the day or night. The Operations Manager and Regional Sales Manager for this account live in the San Jose area and have worked closely with the Town of Los Gatos while providing pressure washing service and on call day porter services for the past 8 years. More importantly the representatives of USS have prior experience with the scope of work the Town of Los Gatos is requesting USS provided these same services to the Town of Los Gatos a few years back but got let go due to going in house with the services. USS plans on providing ( 1) Driver/Day porter and ( 1) Day Porter to service Downtown Los Gatos Garbage and Recycling Receptacle Collection and Cleaning Services. They will start at 6am on Wednesday, Saturday & Sunday and end at 8am. USS provide each day porter a USS cell phone, USS uniform and a safety vest. USS will also provide a service truck to collect and remove the collected debris. The day porters will be equipped with gloves and cleaning products to clean each trash can receptacle. Our training and knowledge will offer The Town of Los Gatos a seamless transition in taking over the day porter services cleaning services. USS will meet frequently with the manager of the Town of Los Gatos to go the trash cleaning services, relocation of cans and any obstacles or changes that will improve the garbage and recycling receptacles collection and cleaning services.

On the following pages you will have additional information that can be useful to you. Universal Site Services has experience to be a proactive exterior maintenance company that offers an infrastructure more than Day Porter services.

We look forward to the opportunity to answer any questions that you may have.

David Sanchez
Corporate Offices: 760 E. Capitol Avenue - Milpitas, [ 4.95035 - Ph: 800.647.9337 - Fox., 408.258.0122 Milpitas• Stockton • Sacramento • Santo Rosa • Los Angeles • Reno • Phoenix www. UniversolSiteServices. rom • Contractor License # 907009 Page 258 D5,10--
Z
Since 1958

YOUR PROPERTY, OUR PRIORITY
Downtown Los Gatos Garbage and Recycling Receptacle Collection and Cleaning Services Proposal June 15, 2015
Presented To: Mr. Jim Harbin
Facilities and Environmental Programs Manage
Town of Los Gatos
Downtown Garbage and Recycling Services Proposal
41 Miles Avenue
Los Gatos, CA 95030
Phone: 408. 395. 5310
Email: jharbin @losgatosca. gov
Job Location: Town of Los Gatos
Downtown Los Gatos Garbage and Recycling Receptacle Collection and Cleaning Srvc Presented By: David Sanchez
Regional Sales Manager
Universal Site Services
Mobile: 408. 210. 0836
Desk: 408. 907. 5848
Email: dsanchez @universalsiteservices. com
Table of Contents: Pricing & Service Schedule
Scope of Work
Brief Company Description/ Availability of Services
Client References
Account Manager Contact Information
Qualifications and Experience
Certificate of Insurance ( provided appropriately if awarded contract)
Notes: Thank you for considering Universal Site Services for this opportunity... we are eager to prove to you why, over the past 60 years, we have built a reputation of excellence among the industry and our customers alike.

Corporate Offices: 760 E. Capitol Avenue " Milpitas, CA. 95035 —Ph: 800. 647. 9337^' Fax: 408. 258. 0122 Milpitas• Stockton • Sacramento • Santa Rosa • Los Angeles • Reno • Phoenix www. Unlversa1511e5ervices. com • Contractor License # 907009

t
i
Since 1958

YOUR PROPERTY, OUR PRIORITY
General Scopes of Work and Services ( Includes but not limned to) Day Porter Service:

Garbage Receptacles Collection: working days Saturday & Sunday 6am to 8am.

Recycling Receptacles Collection: working days Wednesday, Saturday & Sunday 6am to Sam.

USS will pick up all litter and loose material within a 4ft radius of the trash can & recycle receptacle.

USS shall remove any material placed on top of the receptacle.

USS will remove all litter and loose material that has accumulated between the plastic insert and the decorative metal receptacle each service.

USS will pick up all loose material collected shall be bagged and transported to the Town of Los Gatos South Corporate Yard located at 41 Miles Avenue and placed in the designated recycling bin.

Any organic or putrescent material (e. g. food, pet waste, green waste, ect.), dirt, or other clearly non - recyclable material found around the recycling containers shall be seperately bagged and disposed of asd garbage.

Check and make sure that the receptacles are in good working conditiond ie; latches work, locks work, missing lids, broken incerts lids don' t need to be touched up with new paint, make sure all receptacles have a liner incert each service.

Wipe down all Trash Can Receptacles Lids 1X per week.

Notify Town of Los Gatos manager of any unsafe conditions or potential hazards.

Notify Town of Los Gatos manager of any areas that are unable to be cleaned.

USS tvill provide All Cleaning Supplies and Trash can liners.

USS will Review of existing can locations; Relocation and /or additional of cans within 60 days following the start of this contract, USS will meet with the Town and provide recommendations regarding the needs for relocation or addition of garbage and recycling receptacles based on USS experience in servicing the cans.

USS will relocate cans at no additinnol charge or cost to the Town of Los Gatos.

USS Holiday Pay Rate ?
USS costs for a single collection service day Rate ?
USS emergency call -back Rate ?
USS minimum hourly Rate ?
USS will assign a Manager to act as a single point of contact for this service agreement. USS Managernshall at a minimum be available by cellphone to Town Staff during the hours of lam to 5pm Wednesday through Sunday. USS will provide the Town with an emergency phone number that will be available 24 hours a day, 7 days per week, including holidays.

Corporate Offices: 760 E. Capitol Avenue - Milpitas, CA. 95035 - Ph: 800. 647. 9337 - Fox: 408. 258. 0122 Milpitas• Stockton • Sacramento • Santa Rosa • Los Angeles • Reno • Phoenix www. UniversaiSiteSe" ices. com • Contractor License # 907009 Page 260 s
r••M_ Sirce 1933
f YOUR PROPERTY, OUR PRIORITY
Universal Site Services, Inc.

An exterior maintenance and beautification service provider. Whether you have one site or many, our solutions ensure consistently higher results while delivering budgetary savings. We offer true in -house expert services for the exterior maintenance requirements of your properties.

Our Mission
Our Mission is to provide a hands -on, pro - active approach toward the management of our accounts. We will facilitate the needs of our property managers, while maximizing budgetary requirements.

Founded on the principles of cleanliness and the importance cleanliness plays on the choices end consumers make, we take pride in our reputation for superior customer service, our attention to detail and that the work we do directly affects our client' s reputation and success.

We understand that the needs of each of our clients are unique, so we cater our services to the characteristics ofyour property and your budget delivering consistently higher results while ensuring budgetary savings.

We are BASMA eeriified
Our Locations
Universal Site Services has expanded its brick and mortar operations throughout California, Arizona, and Nevada with offices in:

Corporate Office:

Sacramento Office:

Santa Rosa Office:

Stockton Office:

Los Angeles Office
Reno Office:

Arizona Office:

USS' Philosoohv and Delivery Approach
760 E Capitol Ave, Milpitas, CA 95035
3174 Luyung Dr. #3, Rancho Cordova, CA 95742
1599 Hampton Way Santa Rosa, CA 95407
1113 N Shaw Rd, Stockton, CA 95215
260 Avenida Vista Montana, San Clemente, CA 92672
2000 Brierley Way, Sparks, Nv 89434
1940 West Durango, Phoenix, AZ 85009
Founded in 1958 in the Bay Area, USS Inc. has grown into one of the largest Full Site Service companies on the West Coast, servicing clients throughout Wft California, Nevada, and Arizona. With over 55 years of commitment to our J01MAL customers, we have expanded our operation to offer comprehensive exterior Women Owned Business property maintenance services, highway and municipal road and Construction Sweeping. Top 1
We work with veteran associations putting our solders to work while others won' t and we are recognized as one of the top Wwnan Owned Bay Area Companies.

Corporate Offices: 760 E. CapitolAvenue ` Milpitas, CA. 95035 - Ph: 800.647.9337'" Fox: 408.258.0122 Milpitas• Stockton • Sacramento • Santa Rosa • Los Angeles • Reno • Phoenix www. UniwrsaiSiteServices. com • Contractor License # 907009