Los Gatos City Council
June 20, 2023

ATTACHMENT 1

Wildland Urban Interface (WUI) Enforced Safety Regulations 2022 Non-Compliant Properties
June 07, 2023

TOWN OF LOS GATOS
APN 52901041 WUI Letter LGA 100
Re-Inspection Date 2023-05-18 Inspector Marlon Spencer
Violations [ X ] Create 30 feet of Defensible Space around the home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet (or to the property line) around structures.
[ X ] Create 100 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30-feet around structures. Additionally, create a Reduced Fuel Zone for the remaining 70 feet (or to the property line).
[ X ] Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters.
[ X ] Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway.

Situs Address 61 MONTEBELLO WY 4, LOS GATOS
Property Owner Name WHITNEY JOHN J
Property Owner Address 50 PARK AVE, LOS GATOS
APN 51043015 WUI Letter LGA 100
Re-Inspection Date 2023-05-13 Inspector Marlon Spencer
Violations [ X ] Create 30 feet of Defensible Space around the home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet (or to the property line) around structures.
[ X ] Create 100 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30-feet around structures. Additionally, create a Reduced Fuel Zone for the remaining 70 feet (or to the property line).

Situs Address 92 FAIRVIEW PLAZA, LOS GATOS
Property Owner Name DEALMEIDA SYLVIA C TRUSTEE
Property Owner Address 92 FAIRVIEW PLAZA, LOS GATOS

Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga.

ATTACHMENT 2
<<Date>>
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
Re: <<APN>> / <<Property Address>>
Dear Property Owner,
Your property is located in the designated Wildland Urban Interface (WUI) Hazardous Fire Area which requires defensible space to be maintained around all structures on your property. Defensible space is the buffer created when combustible vegetation is removed or reduced around a structure to slow or stop the spread of wildfire. On February 28, 2023, Santa Clara County Fire Department mailed to you a packet of information regarding the enforced applicable wildland fire safety regulations, available community wildfire preparedness webinars, and this year’s property inspection schedule mandating compliance of the enforced applicable wildland fire safety regulations before June 1, 2023.

Your property was recently re-inspected by the Santa Clara County Fire Department on <<Re-inspection date>>. At that time, your property was found to be non-compliant with the applicable wildland fire safety regulations. The noted violation details are listed below:
<<Violations>>
<<Inspector comments>>
We are informed by the Town of Los Gatos that the Los Gatos Town Council will hold a public hearing at the Town Council meeting on Tuesday, June 20, 2023 @ 7:00 pm.

For more information on this process, please contact the Town of Los Gatos at 408.354.6888 or visit https://www.losgatosca.gov.

At that time, all properties identified by the Fire Department as being non-compliant with the applicable wildland fire safety regulations will be declared to have hazardous conditions requiring abatement. An additional inspection of all identified properties will be conducted after the hearing and prior to ordering any abatement work.

If you do not bring your property into compliance, the Town of Los Gatos through its contractor, may perform any brush or weed removal at your expense and will be placed on your property tax bill for payment after legal requirements are met. If you would like more information about the hazardous vegetation abatement contractor services, please contact the County of Santa Clara Weed Abatement Program at 408.282.3145 or visit https://weedabatement.sccgov.org. For your convenience, a price list indicating the rates for the County Contractor is included below.
2023 TOWN OF LOS GATOS

COUNTY CONTRACTOR WEED ABATEMENT FEES
Please be advised that the property owner of any parcel found to be non-compliant on or after the deadline will be charged a processing fee of $505.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges. Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $858.00 per parcel.

A) DISC WORK*
PARCEL SIZE: 1
st Disc + 2nd Disc = Total Discs
0 — 12,500 sq. ft. $412.39 $165.79 $578.18
12,501 — 43,560 sq. ft. $412.39 $165.79 $578.18
Larger than 1 Acre $299.56 $146.30 $445.86 (Per Acre)
*It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.

B) HANDWORK $5.57 PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $7.11 PER 1,000 SF
MOWING 12 Foot Mower $7.11 PER 1,000 SF
D) LOADER WORK $170.40 PER HOUR
E) DUMP TRUCK $157.29 PER HOUR
F) BRUSH WORK $5.32 PER 100 SF
G) DEBRIS REMOVAL $58.52 PER HOUR
H) DUMP FEE 100% (Added to orders with debris removal at 100% of the dump site charge) Please note this program does not offer herbicide application as a method of abatement.

If you have questions about this notice, please contact the Fire Prevention Division of the Santa Clara County Fire Department at 408.341.4420 or email [email protected].

ATTACHMENT 3

June 2022
Local Responsibility Area Fire Hazard Severity Zones
Town of Los Gatos Overview Map
Santa Clara County Fire Department
LGA 100 / LRA Very High FHSZ
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APN#
¦
¦
¦
¦
¦
¦
9 17
17 17
85 85
21 22
11A
20B
9 23
20A

CAMPBELL

LOS GATOS

MONTE SERENO

SAN JOSE

SARATOGA

UNINCORPORATED
0 0.5 1 2
Miles
¦ FireStation
WUI Parcels
Municipality
LGA 100 / Very High FHSZ
ATTACHMENT 4
Wildland Urban Interface (WUI) Map
ATTACHMENT 4

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53241001
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53241009
53241010
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53241020
53242028
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53242031
53701004
53702006
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53702013
53703007
53703012
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53703030
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53708026
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53718003
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53719022
53720004
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53720025
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53721001
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53721018
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53721020
53721021
53721024
53722002
53722011
53722012
52347027
52347028
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52347030
52347031
52347032
52347033
52347034
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52347051
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52347060
52701001
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52701003
52701004
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52701006
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52701008
52701009
52701011
52701012
52701013
52701014
52702001
52702002
52702005
52702006
52702007
52702008
52702009
52702010
52702011
52702012
52703001
52703002
52703003
52703004
52703005
52703006
52703007
52703008
52703009
52703010
52703012
52704002
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52705001
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52712004
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52713003
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52714001
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52715001
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52716020
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52718001
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52718007
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52719016
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52719027
52719028
52719029
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52705006
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52708020
52708021
52709006
52709010
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52709015
52709020
52709021
52709022
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52709024
52709029
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52709033
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52709037
52710001
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52710010
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52711003
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52711006
52711007
52711008
52711009
52712003
52719033
52719052
52719053
52720002
52720003
52721019
52721020
52722015
52726003
52726004
52726005
52726010
52726011
52742070
52742071
52742072
52742073
52742074
52742075
52742076
52742077
52755001
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52755009
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52755020
52755021
52755022
52755023
52755024
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52755026
52755027
52755034
52755035
52755036
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52756001
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52756020
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52756025
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52756027
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52756033
52756034
52757001
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52757010
52757011
52758001
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52901002
52901006
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52901020
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52926010
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52926027
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52929060
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52929064
52929065
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52929067
52929068
52929069
52929070
52930002
52930004
52930006
52930007
52930008
52930009
52930012
52930013
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52930056
52930057
52930062
52930063
52930064
52930065
52930069
52930070
52930071
52930072
52930073
52931001
52931002
52931003
52931004
52931005
52931022
52931023
52931037
52931038
52931039
52931043
52931048
52931049
52931050
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52931052
52931053
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52931058
52931060
52931062
52931064
52931065
52931072
52931077
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52931086
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52931089
52931090
52931091
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52931093
52931094
52931095
52931096
52931097
52931098
52931099
52931100
52931101
52931102
52932001
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52932006
52932007
52932008
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52932020
52932022
52932023
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52932027
52932030
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52932033
52932036
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52932050
52933001
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52933017
52933022
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52933058
52934018
52934020
52934021
52934040
52934043
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52934047
52934048
52934049
52934051
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52934053
52934057
52934058
52934062
52934063
52934065
52934066
52934076
52934079
52934080
52934092
52934095
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52934099
52934100
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52935001
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52935023
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52936024
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52937002
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52937024
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52938019
52938020
52938021
52938023
52938026
52938028
52938029
52938030
52938031
52938033
52938035
52938036
52938038
52938039
52938040
52938047
52938048
52938049
52938050
52938051
52939001
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52939005
52939006
52939009
52939011
52939012
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52939014
52939023
52939024
52939040
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52939047
52939048
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52939053
52939054
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52939056
52939057
52939058
52939059
52939060
52939061
52939062
52939063
52939067
52939068
52939069
52939070
52939071
52939072
52941001
52941002
52941003
52941004
52941005
52941006
52941007
52941008
52941009
52941010
52941011
52941012
52944003
52944004
52944007
52944008
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52944010
52944011
52944012
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52944017
52944018
52944019
52944020
52944021
52944022
52944023
52944024
52944026
52951001
52951002
52951003
52951004
52951005
52959002
52959003
52959004
52959005
52959006
52959007
52959008
53201009
53201010
53201011
53201012
53201013
53201014
53201015
53201016
53201017
53201018
53201019
53201020
53201021
53201022
53201023
53201024
53201025
53201026
53201027
53201028
53201029
53201030
53201032
53201033
53201035
53201036
53201037
53201038
53201040
53201041
53201042
53201043
53202014
53202015
53202025
53202026
53202027
53202029
53202030
53202031
53202032
53202033
53202051
53202053
53202054
53202069
53202070
53202071
53202072
53202073
53202074
53208018
53208019
53208020
53208021
53208022
53208023
53208024
53208025
53208026
53208027
53208028
53208029
53208030
53208031
53208032
53208033
53208034
53208049
53208050
53208059
53208060
53208061
53208062
53208064
53208065
53210001
53210012
53210013
53210014
53210015
53210016
53210017
53210018
53210019
53211011
53212001
53212002
53212003
53212004
53212005
53212006
53212007
53212008
53212009
53212010
53212011
53212012
53212013
53212014
53212015
53212016
53212017
53212018
53213001
53213002
53213003
53213011
53213012
53213013
53213014
53213015
53213016
53213017
53213018
53213020
53213021
53213023
53213024
53213025
53213026
53213027
53213028
53213029
53213030
53213031
53213032
53213033
53213034
53213035
53213036
53213037
53213038
53213039
53213040
53213041
53213042
53213043
53213044
53213045
53213046
53213049
53213051
53213052
53213057
53213058
53213059
53213060
53213061
53213062
53213063
53213064
53213065
53213066
53213067
53213068
53213069
53214001
53214002
53214003
53214004
53214005
53214006
53214007
53214008
53214009
53214010
53214011
53214012
53214013
53214014
53214015
53214016
53214017
53214018
53214019
53214020
53214021
53214022
53214023
53214024
53214025
53214026
53214027
53214028
53214029
53214030
53214031
53214032
53214033
53214034
53214035
53214036
53214037
53214038
53215002
53215004
53215005
53215006
53215007
53215008
53215009
53215010
53215011
53215012
53215013
53215016
53215017
53215018
53215019
53215020
53215021
53215022
53215023
53215024
53215025
53215026
53215027
53215028
53215032
53215033
53215034
53216002
53216003
53216005
53216006
53216007
53216008
53216009
53216010
53217001
53217010
53217011
53217012
53217013
53217014
53217015
53217016
53217017
53217018
53217020
53217021
53217022
53217023
53217024
53217025
53217026
53217027
53217028
53217031
53217032
53217033
53217034
53217035
53217037
53218006
53218013
53218015
53218021
53218022
53218023
53218024
53218026
53218027
53218029
53218034
53218036
53218037
53218038
53218039
53218040
53218041
53218043
53218044
53218045
53218046
53218047
53218048
53218049
53218050
53218051
53218052
53218053
53218054
53218055
53218056
53218057
53218058
53218059
53218060
53218061
53218062
53218063
53219003
53219005
53219008
53219009
53219010
53219013
53219014
53219015
53219016
53219017
53219018
53219022
53219023
53219028
53219029
53219030
53219031
53219032
53220001
53220002
53220004
53220007
53220008
53220010
53220011
53220012
53220013
53220014
53221001
53221002
53221004
53221007
53221012
53221013
53221014
53221015
53221016
53221017
53221018
53221019
53222001
53222003
53222011
53222012
53222013
53222014
53222015
53222016
53222017
53222018
53223004
53223024
53223025
53223029
53223030
53223031
53223032
53223034
53223035
53223036
53223037
53223043
53223044
53223045
53722015
53722016
53722017
53722018
53722019
53723005
53723007
53723010
53723011
53723012
53723013
53723014
53723015
53723017
53723019
53723021
53723022
53723024
53723025
53723026
53723027
53723028
53723029
53723031
53723037
53723038
53723040
53723042
53723045
53723046
53723049
53723054
53723055
53723057
53723058
53723061
53723062
53723063
53723064
53723065
53723066
53723067
53724013
53724014
53724015
53724022
53724023
53724024
53724025
53724029
53724030
53724031
53724032
53725005
53725009
53725018
53725021
53725022
53725024
53725026
53725027
53725029
53725030
53725031
53725032
53725033
53725034
53725035
53725036
53726001
53726004
53726009
53726012
53726013
53726015
53726016
LGA 100 / LRA Very High FHSZ

LGA 100 / LRA Very High FHSZ
53726017
53726018
53726019
53726020
53726021
53726022
53726026
53726027
53726030
53726033
53726034
53726035
53726038
53726039
53726040
53726045
53726046
53726053
53726054
53726061
53726062
53726065
53726066
53726067
53726068
53726069
53726070
53726071
53726072
53726073
53726074
53727009
53727025
53727047
53727065
53727066
53728001
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53728005
53728006
53728007
53728008
53728009
53729001
53729002
53729003
53729004
53729005
53729006
53729007
53729008
53730002
53730003
53730004
53730005
53730006
53730007
53730008
53730010
53730011
53730013
53730014
53730015
53730016
53730017
53730018
53730021
53731001
53731002
53731003
53731006
53731007
53731008
53731009
53731010
53731011
53731012
53731013
53731014
53731015
53731017
53731018
53731019
53731020
53731021
53731022
53731023
53733001
53733002
53733003
53733004
53733005
53733006
53733007
53733008
53733009
53733010
54401014
56719016
56719027
56719028
56719029
56719030
56719031
56719032
56719033
56719036
56719037
56723007
56723008
56723010
56723012
56723013
56723022
56723025
56723029
56723037
56723038
56723039
56723040
56723043
56723044
56723045
56723046
56724010
56724011
56724012
56724013
56724014
56724015
56724016
56724017
56724018
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PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, Human Resources Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 18
DATE: June 7, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt the Following Salary Schedules:
a. Salary Schedule for Management Classifications Effective April 2, 2023, b. American Federation of State, County, and Municipal Employees (AFSCME) Salary Schedule Effective July 9, 2023,
c. Police Officer Association (POA) Salary Schedule Effective July 9, 2023, d. Town Employees’ Association (TEA) Salary Schedule Effective July 9, 2023, e. Salary Schedule for Confidential Classifications Effective July 9, 2023, f. Salary Schedule for Management Classifications Effective July 9, 2023, and g. Salary Schedule for Temporary/Hourly Classifications Effective July 9, 2023 RECOMMENDATION:

Adopt the Following Salary Schedules:
a. Salary Schedule for Management Classifications Effective April 2, 2023, b. American Federation of State, County, and Municipal Employees (AFSCME) Salary Schedule Effective July 9, 2023,
c. Police Officer Association (POA) Salary Schedule Effective July 9, 2023, d. Town Employees’ Association (TEA) Salary Schedule Effective July 9, 2023, e. Salary Schedule for Confidential Classification Effective July 9, 2023, f. Salary Schedule for Management Classifications Effective July 9, 2023, and g. Salary Schedule for Temporary/Hourly Classifications Effective July 9, 2023.

BACKGROUND:

The Budget item on the June 6, 2023 Council agenda included salary schedules for all Represented, Confidential, Management, and Temporary employees. Unfortunately, the posted agenda inadvertently omitted paragraph “d” of the Subject and Recommendation of the

PAGE 2 OF 3
SUBJECT: Salary Schedules
DATE: June 7, 2023
BACKGROUND (continued):
report. Because the Salary Schedules were not listed on the posted agenda, Council could not consider them at the meeting.

DISCUSSION:

The Adopted Budget includes a 3% cost of living increase for Fiscal Year 2023/24 in the Memoranda of Understanding with all bargaining units that was approved by Council last year.

All unrepresented staff would receive the same cost of living increase. In addition, unrepresented Management did not receive a 5% market increase last summer as did all other employees. The Adopted Budget includes a 3% market increase for Management classifications retroactive to April 2023.

CONCLUSION:

Staff recommends approval of adoption of the Salary Schedules for Management effective April 2, 2023, and Salary Schedules for AFSCME, TEA, POA, Confidential, Management and Temporary/Hourly Classifications effective July 9, 2023.

COORDINATION:

The preparation of the salary schedules involved the Town Manager’s Office, and the Human Resources and Finance Departments.

FISCAL IMPACT:

The fiscal impact is presented in summary form in the Financial Summaries chapter of the Proposed Operating and Capital Budget for FY 2023/24, which was adopted by Town Council on June 6, 2023.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Salary Schedule for Management Classifications Effective April 2, 2023

2. American Federation of State, County, and Municipal Employees (AFSCME) Salary Schedule Effective July 9, 2023

3. Police Officer Association (POA) Salary Schedule Effective July 9, 2023

4. Town Employees’ Association (TEA) Salary Schedule Effective July 9, 2023

5. Salary Schedule for Confidential Classification Effective July 9, 2023

PAGE 3 OF 3
SUBJECT: Salary Schedules
DATE: June 7, 2023
Attachments (continued):

6. Salary Schedule for Management Classifications Effective July 9, 2023

7. Salary Schedule for Temporary/Hourly Classifications Effective July 9, 2023

Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2022/23
Effective April 2, 2023
Class
Code Classification Title
Annual
Salary
Minimum
Annual
Salary
Maximum
2110 Assistant Town Manager $ 178,804 $ 241,386
2420 Chief Building Official $ 136,276 $ 183,972
2400 Community Development Director $ 174,438 $ 235,492 2180 Community Outreach Coordinator $ 94,093 $ 127,026
2130 Economic Vitality Manager $ 129,708 $ 175,105
2315 Finance and Accounting Manager $ 136,276 $ 183,972 2310 Finance and Budget Manager $ 136,276 $ 183,972
2300 Finance Director $ 170,189 $ 229,755
2200 Human Resources Director $ 158,037 $ 213,350
2900 Information Technology Manager $ 136,276 $ 183,972 2800 Library Director $ 158,037 $ 213,350
2820 Library Division Manager $ 103,861 $ 140,212
2600 Parks & Public Works Director $ 174,438 $ 235,492
2645 Parks & Public Works Operations Manager $ 117,510 $ 158,638 2630 Parks & Public Works Superintendent $ 136,276 $ 183,972 2412 Planning Manager $ 136,276 $ 183,972
2510 Police Captain $ 161,988 $ 218,683
2500 Police Chief $ 183,274 $ 247,419
2545 Police Records & Communication Manager $ 126,544 $ 170,835 2140 Senior Administrative Analyst $ 101,328 $ 136,792
2650 Senior Civil Engineer $ 129,708 $ 175,105
2615 Town Engineer* $ 154,934 $ 209,162
2000
Town Attorney - Council Appointed (Effective 11/15/22, Adopted by Town Council 12/6/22) $ 253,649
2190 Town Clerk $ 136,276 $ 183,972
2100
Town Manager - Council Appointed (Effective 9/02/22, Adopted by Town Council 12/6/22) $ 275,783
2655 Transportation & Mobility Manager $ 126,544 $ 170,835 2905 Urban Forest Manager $ 117,510 $ 158,638
1000
Town Council (Effective 1/1/19 Pursuant to Ordinance Adopted by Town Council on 2/6/18)
* Title Reflects Current Budgeted Position
Management salaries reflect a spread of 35% to the top of the range.

Reflects a General Increase of 3%
$570 Stipend per month,
for a total compensation of
$6,840 per year
Management 3% Page 1 of 1 ATTACHMENT 1 Page 470
Town of Los Gatos AFSCME Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title FLSA Range AF1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 6619 Assistant Equipment Mechanic Non-Exempt 09 $34.37 $36.09 $37.89 $39.78 $41.77 $43.86 6620 Equipment Mechanic Non-Exempt 03 $39.53 $41.51 $43.59 $45.77 $48.06 $50.46 6618 Supervising Equipment Mechanic Non-Exempt 08 $45.46 $47.73 $50.12 $52.63 $55.26 $58.02 6670 Facility Technician Non-Exempt 02 $36.78 $38.62 $40.55 $42.58 $44.71 $46.95 6600 Lead Parks & Maintenance Worker Non-Exempt 07 $41.97 $44.07 $46.27 $48.58 $51.01 $53.56 6650 Parks & Maintenance Worker Non-Exempt 05 $33.77 $35.46 $37.23 $39.09 $41.04 $43.09 6660 Parks & Maintenance Worker Trainee Non-Exempt 04 $27.58 $28.96 $30.41 $31.93 $33.53 $35.21 6605 Senior Parks & Maintenance Worker Non-Exempt 06 $36.75 $38.59 $40.52 $42.55 $44.68 $46.91 6610 Town Arborist Non-Exempt 03 $40.09 $42.09 $44.19 $46.40 $48.72 $51.16 Reflects General Increase of 3%.

AFSCME 3% Page 1 of 1 ATTACHMENT 2

Class Code Classification Title Range Step Hourly Rate
2520 Police Sergeant (Prior) 04-0721 1 $71.71
Appointment before 03/01/2015 2 $75.30
3 $79.07
4 $83.02
5 $87.17
Class Code Classification Title Range Step Hourly Rate
2521 Police Sergeant (New) 05-0721 1 $71.71
Appointment after 03/01/2015 2 $75.30
3 $79.07
4 $83.02
Class Code Classification Title Range Step Hourly Rate
7500 Police Corporal 03-0715 1 $59.75
2 $62.74
3 $65.88
4 $69.17
5 $72.63
Class Code Classification Title Range Step Hourly Rate
7510 Police Officer 02-0711 1 $56.92
2 $59.77
3 $62.76
4 $65.90
5 $69.20
Class Code Classification Title Range Step Hourly Rate
9519 Police Trainee * 01-0710 1 $54.07
* 95% of Step 1 of Police Officer Classification (Provisional Employee with Misc PERS) Reflects General Increase of 3%.

Town of Los Gatos POA Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
POA 3% 1 ATTACHMENT 3

Town of Los Gatos TEA Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class Code Classification Title Rate Type Range TE1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 4310 Account Technician Hourly 08 $37.99 $39.89 $41.88 $43.97 $46.17 $49.063580 Administrative Assistant Hourly 04 $31.80 $33.39 $35.06 $36.81 $38.65 $41.164620 Assistant Engineer Hourly 25 $50.59 $53.12 $55.78 $58.57 $61.50 $65.164420 Assistant Planner Hourly 12 $43.99 $46.19 $48.50 $50.93 $53.48 $56.734600 Associate Civil Engineer Hourly 27 $57.56 $60.44 $63.46 $66.63 $69.96 $74.044661 Associate Engineering Technician Hourly 14 $44.31 $46.53 $48.86 $51.30 $53.87 $57.144400 Associate Planner Hourly 20 $51.19 $53.75 $56.44 $59.26 $62.22 $65.914410 Building Inspector Hourly 24 $49.25 $51.71 $54.30 $57.02 $59.87 $63.444430 Code Compliance Officer Hourly 10 $44.04 $46.24 $48.55 $50.98 $53.53 $56.794530 Communication Dispatcher Hourly 17 $46.67 $49.00 $51.45 $54.02 $56.72 $60.144535 Communication Dispatcher Lead Hourly 19 $58.96 $61.91 $65.01 $68.26 $71.67 $75.834540 Community Services Officer Hourly 11 $37.45 $39.32 $41.29 $43.35 $45.52 $48.384615 Construction Project Manager Hourly 26 $55.22 $57.98 $60.88 $63.92 $67.12 $71.064660 Engineering Technician Hourly 13 $40.22 $42.23 $44.34 $46.56 $48.89 $51.914705 Environmental Programs Specialist Hourly 08 $37.99 $39.89 $41.88 $43.97 $46.17 $49.064200 Events and Marketing Specialist Hourly 06 $33.51 $35.19 $36.95 $38.80 $40.74 $43.363501 Executive Assistant Hourly 08 $37.99 $39.89 $41.88 $43.97 $46.17 $49.064900 IT Systems Administrator Hourly 23 $54.84 $57.58 $60.46 $63.48 $66.65 $70.564915 IT Technician Hourly 07 $41.11 $43.17 $45.33 $47.60 $49.98 $53.064810 Librarian I Hourly 16 $42.03 $44.13 $46.34 $48.66 $51.09 $54.224808 Librarian II Hourly 18 $45.80 $48.09 $50.49 $53.01 $55.66 $59.024830 Library Assistant Hourly 03 $31.03 $32.58 $34.21 $35.92 $37.72 $40.194807 Library Customer Service Specialist Hourly 01 $29.08 $30.53 $32.06 $33.66 $35.34 $37.694805 Library Customer Service Supervisor Hourly 08 $37.99 $39.89 $41.88 $43.97 $46.17 $49.064825 Library Specialist Hourly 06 $33.51 $35.19 $36.95 $38.80 $40.74 $43.364819 Library Tech Specialist Hourly 15 $40.74 $42.78 $44.92 $47.17 $49.53 $52.593181 Office Assistant Hourly 01 $29.08 $30.53 $32.06 $33.66 $35.34 $37.694640 Park Services Officer Hourly 11 $37.45 $39.32 $41.29 $43.35 $45.52 $48.384560 Parking Control Officer Hourly 01 $29.08 $30.53 $32.06 $33.66 $35.34 $37.69 Reflects a general increase of 3% Page 1 of 2
ATTACHMENT 4

Town of Los Gatos TEA Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class Code Classification Title Rate Type Range TE1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 4440 Permit Technician Hourly 09 $36.60 $38.43 $40.35 $42.37 $44.49 $47.294425 Planning Technician Hourly 11 $37.45 $39.32 $41.29 $43.35 $45.52 $48.384550 Police Records Specialist Hourly 05 $32.55 $34.18 $35.89 $37.68 $39.56 $42.124555 Police Records Specialist Lead* Hourly 31 $40.22 $42.23 $44.34 $46.56 $48.89 $51.914630 Public Works Inspector Hourly 18 $45.80 $48.09 $50.49 $53.01 $55.66 $59.024450 Senior Building Inspector Hourly 27 $57.56 $60.44 $63.46 $66.63 $69.96 $74.044525 Senior Communication Dispatcher Hourly 29 $52.28 $54.89 $57.63 $60.51 $63.54 $67.304831 Senior Library Page Hourly 02 $20.45 $21.47 $22.54 $23.67 $24.85 $26.674565 Senior Parking Control Officer Hourly 11 $37.45 $39.32 $41.29 $43.35 $45.52 $48.384405 Senior Planner Hourly 28 $58.96 $61.91 $65.01 $68.26 $71.67 $75.834552 Senior Police Records Specialist* Hourly 30 $36.60 $38.43 $40.35 $42.37 $44.49 $47.294610 Senior Public Works Inspector Hourly 26 $55.22 $57.98 $60.88 $63.92 $67.12 $71.064662 Sr. Engineering Technician Hourly 24 $49.25 $51.71 $54.30 $57.02 $59.87 $63.44 Reflects a general increase of 3% Page 2 of 2 Page 474
Town of Los Gatos Confidential Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title Rate Type Range CF1 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 3300 Accountant/Finance Analyst Hourly 07 $48.55 $50.98 $53.53 $56.21 $59.02 $62.553000 Administrative Analyst Hourly 07 $48.55 $50.98 $53.53 $56.21 $59.02 $62.553518 Administrative Assistant Hourly 09 $33.38 $35.05 $36.80 $38.64 $40.57 $43.183115 Administrative Technician Hourly 04 $41.87 $43.96 $46.16 $48.47 $50.89 $54.013190 Deputy Clerk Hourly 08 $39.85 $41.84 $43.93 $46.13 $48.44 $51.443500 Executive Assistant to Chief of Police Hourly 03 $39.85 $41.84 $43.93 $46.13 $48.44 $51.443100 Executive Assistant to Town Manager Hourly 05 $41.87 $43.96 $46.16 $48.47 $50.89 $54.013015 Human Resources Technician Hourly 02 $37.93 $39.83 $41.82 $43.91 $46.11 $49.003200 Legal Administrative Assistant Hourly 02 $37.93 $39.83 $41.82 $43.91 $46.11 $49.003180 Office Assistant Hourly 01 $30.54 $32.07 $33.67 $35.35 $37.12 $39.563301 Payroll Technician Hourly 06 $41.87 $43.96 $46.16 $48.47 $50.89 $54.01 Reflects General Increase of 3% and includes 5% Confidential Premium Confidential 3% Page 1 of 1 ATTACHMENT 5 Page 475
Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title
Annual
Salary
Minimum
Annual
Salary
Maximum
2110 Assistant Town Manager $ 184,168 $ 248,627
2420 Chief Building Official $ 140,364 $ 189,491
2400 Community Development Director $ 179,672 $ 242,557 2180 Community Outreach Coordinator $ 96,916 $ 130,837
2130 Economic Vitality Manager $ 133,599 $ 180,359
2315 Finance and Accounting Manager $ 140,364 $ 189,491 2310 Finance and Budget Manager $ 140,364 $ 189,491
2300 Finance Director $ 175,294 $ 236,647
2200 Human Resources Director $ 162,778 $ 219,750
2900 Information Technology Manager $ 140,364 $ 189,491 2800 Library Director $ 162,778 $ 219,750
2820 Library Division Manager $ 106,977 $ 144,419
2600 Parks & Public Works Director $ 179,672 $ 242,557
2645 Parks & Public Works Operations Manager $ 121,035 $ 163,397 2630 Parks & Public Works Superintendent $ 140,364 $ 189,491 2412 Planning Manager $ 140,364 $ 189,491
2510 Police Captain $ 166,847 $ 225,244
2500 Police Chief $ 188,772 $ 254,842
2545 Police Records & Communication Manager $ 130,340 $ 175,960 2140 Senior Administrative Analyst $ 104,367 $ 140,896
2650 Senior Civil Engineer $ 133,599 $ 180,359
2000
Town Attorney - Council Appointed (Effective 11/15/22, Adopted by Town Council 12/06/22) $ 253,649
2190 Town Clerk $ 140,364 $ 189,491
2615 Town Engineer* $ 154,934 $ 209,162
2100
Town Manager - Council Appointed (Effective 9/02/22, Adopted by Town Council 12/6/22) $ 275,783
2655 Transportation & Mobility Manager $ 130,340 $ 175,960 2905 Urban Forest Manager $ 121,035 $ 163,397
1000
Town Council (Effective 1/1/19 Pursuant to Ordinance Adopted by Town Council on 2/6/18)
* Title Reflects Current Budgeted Position
Management salaries reflect a spread of 35% to the top of the range.

Reflects a General Increase of 3%
$570 Stipend per month,
for a total compensation of
$6,840 per year
Management 3% Page 1 of 1 ATTACHMENT 6 Page 476
Town of Los Gatos Temporary Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title Rate Type Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9305 Account Clerk Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9310 Account Technician Temp/Hourly Hourly TE2-10 $33.10 $34.76 $36.50 $38.33 $40.25 $42.26 9300 Accountant Temp/Hourly Hourly TE2-17 $39.98 $41.98 $44.08 $46.28 $48.59 $51.02 9010 Admin Analyst Temp/Hourly Hourly TE2-17 $39.98 $41.98 $44.08 $46.28 $48.59 $51.02 9100 Admin Specialist Temp/Hourly Hourly TE2-10 $33.10 $34.76 $36.50 $38.33 $40.25 $42.26 9580 Administrative Assistant Temp/Hourly Hourly TE2-05 $30.10 $31.61 $33.19 $34.85 $36.59 $38.42 9105 Administrative Secretary Temp/Hourly Hourly TE2-09 $31.62 $33.20 $34.86 $36.60 $38.43 $40.35 9656 Assistant Engineer Temp/Hourly Hourly TE2-23 $45.31 $47.58 $49.96 $52.46 $55.08 $57.83 9655 Associate Civil Engineer Temp/Hourly Hourly TE2-24 $52.17 $54.78 $57.52 $60.40 $63.42 $66.59 9400 Associate Planner Temp/Hourly Hourly TE2-22 $45.13 $47.39 $49.76 $52.25 $54.86 $57.60 9410 Building Inspector Temp/Hrly Hourly TE2-23 $45.31 $47.58 $49.96 $52.46 $55.08 $57.83 9112 Clerical Aide Temp/Hourly Hourly TE2-01 $16.69 $17.52 $18.40 $19.32 $20.29 $21.30 9430 Code Compliance Officer Temp/Hourly Hourly TE2-16 $38.95 $40.90 $42.95 $45.10 $47.36 $49.73 9530 Communication Dispatcher Temp/Hourly Hourly TE2-19 9545 Crime Analyst Temp/Hourly Hourly TE2-18 $40.47 $42.49 $44.61 $46.84 $49.18 $51.64 9540 CSO Intern Temp/Hourly Hourly TE2-03 $24.74 $25.98 $27.28 $28.64 $30.07 $31.57 9532 CSO Temp/Hrly Hourly TE2-12 $35.46 $37.23 $39.09 $41.04 $43.09 $45.24 9190 Deputy Clerk Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9660 Engineering Technician Temp/Hourly Hourly TE2-13 $36.37 $38.19 $40.10 $42.11 $44.22 $46.43 9621 Equipment Mechanic Temp Hourly AF2-01 $36.75 $38.59 $40.52 $42.55 $44.68 $46.91 9720 Facility Attendant Temp/Hourly Hourly TE2-01 $16.69 $17.52 $18.40 $19.32 $20.29 $21.30 9109 Human Resources Specialist Temp/Hourly Hourly TE2-09 $31.62 $33.20 $34.86 $36.60 $38.43 $40.35 9041 Intern I Temp/Hourly Hourly TE2-02 $19.36 $20.33 $21.35 $22.42 $23.54 $24.72 9040 Intern II Temp/Hourly Hourly TE2-03 $24.74 $25.98 $27.28 $28.64 $30.07 $31.57 9200 IT Technician Temp/Hrly Hourly TE2-14 $36.43 $38.25 $40.16 $42.17 $44.28 $46.49 9605 Lead Parks & Maint Worker Hourly AF2-06 $38.49 $40.41 $42.43 $44.55 $46.78 $49.12 9015 Legal Assistant Temp/Hrly Hourly TE2-17 $39.98 $41.98 $44.08 $46.28 $48.59 $51.02 9810 Librarian Temp/Hourly Hourly TE2-15 $38.56 $40.49 $42.51 $44.64 $46.87 $49.21 9820 Library Assistant Temp/Hourly Hourly TE2-06 $29.40 $30.87 $32.41 $34.03 $35.73 $37.52

ATTACHMENT 7

Town of Los Gatos Temporary Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title Rate Type Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9840 Library Clerk Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9850 Library Page Temp/Hourly Hourly TE2-01 $16.69 $17.52 $18.40 $19.32 $20.29 $21.30 9830 Library Teen Services Specialist Hourly TE2-03 $24.74 $25.98 $27.28 $28.64 $30.07 $31.57 9600 Maintenance Assistant Hourly AF2-02 $18.50 $19.43 $20.40 $21.42 $22.49 $23.61 9900 Network Administrator Hourly TE2-21 $43.15 $45.31 $47.58 $49.96 $52.46 $55.08 9180 Office Assistant Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9645 Park Service Officer Aide Temp/Hourly Hourly TE2-03 $24.74 $25.98 $27.28 $28.64 $30.07 $31.57 9640 Park Service Officer Temp/Hourly Hourly TE2-12 $35.46 $37.23 $39.09 $41.04 $43.09 $45.24 9560 Parking Control Officer Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9620 Parks & Main Worker Temp Hourly AF2-04 $30.96 $32.51 $34.14 $35.85 $37.64 $39.52 9630 Parks & Main Worker Trainee Temp Hourly AF2-03 $25.31 $26.58 $27.91 $29.31 $30.78 $32.32 9440 Permit Technician Hourly TE2-11 $34.11 $35.82 $37.61 $39.49 $41.46 $43.53 9590 Police Officer Reserve (Top Step of Officer) Hourly TE2-25 9520 Police Officer Temp/Hourly Hourly TE2-25
9550 Police Records Specialist Temp/Hourly Hourly TE2-08 $30.84 $32.38 $34.00 $35.70 $37.49 $39.36 9000 Project Manager Hourly Mgmt
9650 Public Works Inspector Temp/Hourly Hourly TE2-20 $42.82 $44.96 $47.21 $49.57 $52.05 $54.65 9670 Senior Electrician Temp/Hourly Hourly TE2-23 $45.31 $47.58 $49.96 $52.46 $55.08 $57.83 9831 Senior Library Page Hourly TE2-02 $19.36 $20.33 $21.35 $22.42 $23.54 $24.72 9725 Special Event Attendant Hourly TE2-07 $18.50 $19.43 $20.40 $21.42 $22.49 $23.61 9610 Ticket Booth Attendant Hourly AF2-05 $16.69 $17.52 $18.40 $19.32 $20.29 $21.30 Reflects General Increase of 3%
up to $119.03

PREPARED BY: Dan Keller
Facilities and Environmental Services Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and 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: 06/20/2023
ITEM NO: 19
DATE: June 5, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider the Following Actions for the Adult Recreation Center - Americans with Disabilities Act (ADA) Compliant Public Restroom Project (CIP No. 821- 2601):
a. Consider a Protest in Opposition of the Intent to Award a Construction Agreement for the Adult Recreation Center - Americans with Disabilities Act (ADA) Compliant Public Restroom Project (CIP No. 821-2601) to Tucker Construction;
b. Authorize the Town Manager to Award and Execute a Construction Agreement with Tucker Construction Inc. in an Amount not to Exceed $249,490; and
c. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount
RECOMMENDATION:

Consider the following actions for the Adult Recreation Center - Americans with Disabilities Act (ADA) Compliant Public Restroom Project (CIP No. 821-2601):
a. Consider a protest in opposition of the intent to award a Construction Agreement for the Adult Recreation Center - Americans with Disabilities Act (ADA) Compliant Public Restroom Project (CIP No. 821-2601) to Tucker Construction;
b. Authorize the Town Manager to award and execute a Construction Agreement with Tucker Construction Inc. in an amount not to exceed $249,490; and c. Authorize staff to execute change orders in an amount not to exceed ten percent of the contract award amount.

PAGE 2 OF 4
SUBJECT: Protest and Intent to Award Construction Agreement for the Adult Recreation Center Americans with Disabilities Act (ADA) Public Restroom Project (CIP No. 821-2601) DATE: June 5, 2023
BACKGROUND:

The Adult Recreation Center is lacking a restroom that is compliant with the Americans with Disabilities Act (ADA). Architectural plans have been developed and permitting has been approved to implement this project. Town Council authorized the project for bidding at its meeting of February 7, 2023. The project was advertised for construction on Friday, May 5, 2023. On May 18, 2023, bid packages were opened, and two contractors submitted bids:

Tucker Construction Inc. and San Jose Demolition Inc. On May 19, 2023, staff emailed San Jose Demolition and noted that they were the apparent low bidder (Attachment 1).

DISCUSSION:

During detailed review of the bids and associated documentation, staff determined that San Jose Demolition did not have the required Class A or B Contractor License at the time of the bid opening. The bid specifications required that responsive bids demonstrate that the bidder must possess a Class A or B Contractor License at the time of the bid opening (see Attachment 6). On San Jose Demolition’s bid form, “Class A License” was noted next to their Class C License number.

Staff contacted the Contractor State Licensing Board (CSLB) and verified that San Jose Demolition Inc. currently holds a Class C License and did not possess a Class A Contractor License as of May 18th, which was the date of the bid opening. CSLB confirmed that San Jose Demolition had applied for a Class A Contractor License and made an individual with a Class A License an Officer of their company on May 11, 2023. CSLB confirmed that the License change would not be in effect until after approval from the Contractor State Licensing Board.

CSLB also confirmed that an Officer’s Contractor License does not transfer to the company. In other words, San Jose Demolition did not obtain a Class A Contractor License by virtue of hiring an Officer with a Class A Contractor License. CSLB confirmed that obtaining a Class A Contractor License takes approximately 30 days from the date of application. As a result of this information from the CSLB, staff notified San Jose Demolition via a letter dated June 1 that their bid was not responsive (Attachment 2). In accordance with the Town’s purchasing policy, staff provided San Jose Demolition a 10-day bid protest period.

On June 9, 2023, San Jose Demolition submitted a formal bid protest (Attachment 3) stating that since an Officer of their company holds a Class A license, the firm was eligible for bidding, but did not provide statutory authority. CLSB has stated that the entity (rather than an employee of the entity) with which the Town would enter into contract must possess the applicable license on the date of the bid submittal.

PAGE 3 OF 4
SUBJECT: Protest and Intent to Award Construction Agreement for the Adult Recreation Center Americans with Disabilities Act (ADA) Public Restroom Project (CIP No. 821-2601) DATE: June 5, 2023
DISCUSSION (continued):

Tucker Construction Inc. provided the one other bid for this project, which was within 10% of the engineer’s estimate with a base bid of $250,000 (Attachment 4).

Staff recommends that the Town Council:
1) Deny the bid protest and reject the bid from San Jose Demolition as non-responsive; and 2) Award the Construction Agreement to Tucker Construction Inc. (Attachment 5) and authorize the Town Manager to execute the contract on behalf of the Town.

CONTRACTOR Base Bid
Engineer’s Estimate $250,000
Tucker Construction Inc. $249,490
San Jose Demolition Inc. $247,000
ALTERNATIVE:

The Town Council could reject all bids and re-bid the project. However, because the Town’s grant money must be committed no later than June 30, 2023, this option is not recommended.

CONCLUSION:

Town Council’s rejection of the bid protest and award to Tucker Construction will allow this project to move forward in a timely manner.

FISCAL IMPACT:

The adopted Fiscal Year (FY) 2022/23-2026/27 Capital Improvement Program (CIP) Budget is sufficient for the construction contract.

PAGE 4 OF 4
SUBJECT: Protest and Intent to Award Construction Agreement for the Adult Recreation Center Americans with Disabilities Act (ADA) Public Restroom Project (CIP No. 821-2601) DATE: June 5, 2023
FISCAL IMPACT (continued):

ENVIRONMENTAL ASSESSMENT:

This is a project as defined under CEQA but is Categorically Exempt (Section 15301) as a modification to an existing facility.

Attachments:

1. Email - Intent to Award

2. Letter – Bid Not Responsive

3. Protest Letter

4. Bid Summary

5. Construction Agreement with Exhibit A – Tucker Construction Inc. Bid

6. Project Specifications
Budget Costs
GFAR $ 183,000
Grant Funding - Santa Clara County Board of Supervisors $ 250,000 Grant Funding - Community Development Block Grant (CDBG) $ 218,979 Total Budget $ 651,979
Consultant Services $ 65,365
Construction $ 249,490
Construction Contingency (15%) $ 24,949
Other Project Delivery Costs $ 830
Total Costs $ 340,634
Available Balance $ 311,345
Americans with Disabilities Act (ADA) Public Restroom Upgrade - Adult Recreation Center CIP No. 821-2601

1 Daniel Keller
From: Daniel Keller
Sent: Friday, May 19, 2023 1:42 PM
To: MARSHALL LEOMAN
Subject: RE: CIP #421-821-2601-82303 FY 2022/23 ADULT RECREATION CENTER ADA COMPLIANT PUBLIC

RESTROOM
Marshall,
Congratulations!
It appears your company, San Jose Demolition has won the bid for the Adult Rec Center ADA Compliant Public Restroom project.

We will need to go to our Town Council on 6/6/23 to get approval for an Intent to contract. The contract requirements will follow that.

Also, if possible, can you please provide me some references for similar work you have done? Thank you,
Dan Keller ● FaciliƟes and Environmental Services Manager Parks and Public Works ● 41 Miles Ave, Los Gatos CA 95030 Ph: 408.395.5310  ● [email protected]
www.losgatosca.gov
From: MARSHALL LEOMAN <[email protected]>
Sent: Friday, May 12, 2023 11:31 AM
To: Daniel Keller <[email protected]>
Subject: Re: CIP #421‐821‐2601‐82303 FY 2022/23 ADULT RECREATION CENTER ADA COMPLIANT PUBLIC RESTROOM [EXTERNAL SENDER]
Hi Daniel
Great thanks for responding so quickly
Have a great rest of the day
Best Regards,
Marshall L Leoman
Chief Estimator/Project Manager
SAN JOSE DEMOLITION INC.

Phone: (408) 971‐3744
Fax: (408) 418‐3679
CELL: 341‐216‐4354
ATTACHMENT 1

2 On Fri, May 12, 2023 at 11:21 AM Daniel Keller <[email protected]> wrote:

Thank you Marshall,
I will send the link early next week.

Dan Keller ● FaciliƟes and Environmental Services Manager Parks and Public Works ● 41 Miles Ave, Los Gatos CA 95030 Ph: 408.395.5310  ● [email protected]
www.losgatosca.gov

From: MARSHALL LEOMAN <[email protected]>
Sent: Friday, May 12, 2023 10:00 AM
To: Daniel Keller <[email protected]>
Subject: CIP #421‐821‐2601‐82303 FY 2022/23 ADULT RECREATION CENTER ADA COMPLIANT PUBLIC RESTROOM

[EXTERNAL SENDER]
Hi Dan
We are bidding above job, please send the link for zoom meeting for bid opening on Thursday May 18th 2023.

Best Regards
Thanks

3 Marshall L Leoman
Chief Estimator/Project Manager
SAN JOSE DEMOLITION INC.

Phone: (408) 971‐3744
Fax: (408) 418‐3679
CELL: 341‐216‐4354

TOWN OF LOS GATOS

PARKS AND PUBLIC WORKS DEPARTMENT
PHONE: (408) 399-5770
FAX: (408) 354-8529
June 1, 2023
TO:

RE:

Marshall L. Leoman
San Jose Demolition Inc.
1900 Stone Ave
San Jose, CA 95125

BID FOR ADULT RECREATION CENTER ADA COMPLIANT
PUBLIC RESTROOM (CIP#421-821-2601-82363 FY 2022/23)
Marshall,
On May 18, 2023 at 2:00 p.m. San Jose Demolition Inc. submitted a bid package to the Town of Los Gatos for the Adult Recreation Center ADA Compliant Public Restroom project. At the time of the bid, an A or B Contractor License was required. The License listed on your bid package is currently a C Contractor License. You informed me that San Jose Demolition Inc. had applied for an A Contractor License on May 8, 2023. I confirmed your application with the Contractor State Licensing Board. The additional information I received was that an application for License would take approximately one month to show as active.

Due to the requirement of an A or B License at the time of the bid opening, your bid is therefore not responsive and cannot be considered further.

Sincerely,
Dan Keller
Facilities and Environmental Services Manager
[email protected]
(408) 395-5310

SERVICE CENTER
41 MILES AVENUE
LOS GATOS, CA 95030
ATTACHMENT 2

San Jose Demolition Inc.

June 9th, 2023
From: Marshall Leoman (Chief Estimator & RMO for class A License) San Jose Demolition, Inc.
1900 Stone Ave, San Jose, CA 95125
Office Phone: 408-638-7374
To: Dan Keller ● Facilities and Environmental Services Manager Parks and Public Works ● 41 Miles Ave, Los Gatos CA 95030 Ph: 408.395.5310 ● [email protected]
www.losgatosca.gov
RE: Protest to letter dated June 1, 2023 rejecting bid for below project Subject: CIP #421-821-2601-82303 FY 2022/23 ADULT RECREATION CENTER ADA COMPLIANT PUBLIC RESTROOM, Address: 208 E Main St, Los Gatos, CA 95030 Daniel,
I joined San Jose Demolition on May 8th 2023 as a RMO for class A license. I bid the above subject project based on application filed with CSLB on May 8th, per state law an entity can bid after application filed but can not contract. Delaying your board meeting to June 20th is a proper date, by then Class A will be added to online for public view.

Attached is up to date info from CSLB website about status of our application. Also attached is your letter rejecting our bid.

Per My conversation with technician from CSLB today, the application is approved & will go online asap.

Therefore, our bid is responsive, RMO Marshall Leoman is an employee of San Jose Demolition Inc, His License is class A, #721813 is active and current. His license was active at bid day 5/18/2023.

If above info is still unsatisfactory to your side, then please let the project go to rebid, we will be bidding again this project if it go to rebid.

Thank you for your cooperation and hoping the Town of Los Gatos Award the project to low bidder San Jose Demolition Inc. on June 20th Board Meeting.

Sincerely,
Marshall Leoman
Project Manager / Estimator/RMO
San Jose Demolition Inc
Office: 408-638-7374; Cell: 341-216-4354
ATTACHMENT 3

TOWN OF LOS GATOS

PARKS AND PUBLIC WORKS DEPARTMENT
PHONE: (408) 399-5770
FAX: (408) 354-8529
June 1, 2023
TO:

RE:

Marshall L. Leoman
San Jose Demolition Inc.
1900 Stone Ave
San Jose, CA 95125

BID FOR ADULT RECREATION CENTER ADA COMPLIANT
PUBLIC RESTROOM (CIP#421-821-2601-82363 FY 2022/23)
Marshall,
On May 18, 2023 at 2:00 p.m. San Jose Demolition Inc. submitted a bid package to the Town of Los Gatos for the Adult Recreation Center ADA Compliant Public Restroom project. At the time of the bid, an A or B Contractor License was required. The License listed on your bid package is currently a C Contractor License. You informed me that San Jose Demolition Inc. had applied for an A Contractor License on May 8, 2023. I confirmed your application with the Contractor State Licensing Board. The additional information I received was that an application for License would take approximately one month to show as active.

Due to the requirement of an A or B License at the time of the bid opening, your bid is therefore not responsive and cannot be considered further.

Sincerely,
Dan Keller
Facilities and Environmental Services Manager
[email protected]
(408) 395-5310

SERVICE CENTER
41 MILES AVENUE
LOS GATOS, CA 95030

TOWN OF LOS GATOS

CLERK DEPARTMENT

BID RESULT FORM
PROJECT: CIP #421-821-2601-82303 FY 2022/23 Adult Recreation Center Ada Compliant Public Restroom (Re-bid)
DATE: May 18, 2023 TIME: 2:00 p.m. BY: Wendy Wood, Town Clerk ATTEST: DATE:

BIDDER BID AMOUNT
San Jose Demolition, Inc. $247,000.00
Tucker Construction, Inc. $249,490.00
5/18/2023
ATTACHMENT 4

Construction Agreement
Tucker Construction

CONSTRUCTION AGREEMENT
This Agreement is dated for identification this 20th of June 2023 and is made by and between the TOWN OF LOS GATOS, a California municipal corporation, whose address is 110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and Tucker Construction, Inc., identified as an () and whose address is 1725 Little Orchard St. Suite D, San Jose, CA 95125 (hereinafter "CONTRACTOR").

NOW, THEREFORE, the parties agree:

ARTICLE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT.

That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said TOWN, and under the conditions expressed in the two bonds hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost and expense, to do all the work and furnish all the materials and equipment necessary to construct and complete, in accordance with the plans and specifications hereinafter mentioned, in a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or his, of the TOWN OF LOS GATOS, California, all the works and improvements described, mentioned and set forth in those plans and specifications on file in the Office of the Parks and Public Works of said TOWN, entitled:
“Plans and Specifications for
Project #421-821-2601-82303 FY 2022/23 Adult Recreation Center ADA Compliant Public Restroom”
which said plans and specifications and all the documents therein contained, including the TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such reference made part of this contract.

ARTICLE II: CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exhibit “A” $249,490 and up to $24,949 in change orders, which is attached hereto and incorporated by reference herewith, as full compensation for furnishing all materials and equipment and for doing all the work described in the contract documents; also for all loss or damage as provided in the contract documents in the prosecution of the work until its acceptance by the Town Council of the TOWN OF LOS GATOS, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the contract documents, plans and specifications, and the requirements of the Town Engineer.

ATTACHMENT 5

Construction Agreement
Tucker Construction
ARTICLE III: ACCEPTANCE BY TOWN
The said TOWN hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Part I – Page 1 of the TOWN's Project Specifications Notice to Contractors which are hereby made a part of this contract. Inasmuch as the work called for under this contract concerns a needed public improvement, the time of performance and completion of this work is of the essence of this contract. It is expressly understood and agreed by the parties hereto that all the work called for under this contract, in all its parts and requirements, shall be completed ninety (90) working days from Notice to Proceed.

ARTICLE V: HOURS OF LABOR
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25) for each workman employed in the execution of the contract by him or by any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and all amendments thereto.

ARTICLE VI: APPRENTICES
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code governing the employment of apprentices by the CONTRACTOR or any subcontractor under him. CONTRACTOR and any of his subcontractors shall comply with the requirements of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance with the said sections regardless of any other contractual or employment relationships alleged to exist.

Information relative to apprenticeship standards and other requirements may be obtained from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards at its branch offices.

ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. CONTRACTOR shall carry

Construction Agreement
Tucker Construction
out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.

Failure by CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

ARTICLE VIII: INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR is an independent contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and employees, and said persons shall not be deemed agents, servants or employees of TOWN.

ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS
CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics, writings, recordings and other tangible materials regardless of form or format, including, without limitation, electronically transmitted documents and ACAD files, and other collateral materials collected, compiled, drafted, prepared, produced and/or generated in the performance of this Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such documents to TOWN upon TOWN's request. In the event that this Agreement is terminated prior to completion of the scope of work, CONTRACTOR shall provide all such data and documents to TOWN forthwith.

ARTICLE X: INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless the TOWN, its elected and appointed officials, employees, and agents (“Indemnified Parties”), from and against any claims, allegations, damages, awards, judgments, and expenses of every kind or character, including, but not limited to, attorney fees and expert costs, which may arise out of or result from in whole or in part CONTRACTOR’s performance of the work, except to the extent caused by the sole negligence or willful misconduct of Indemnified Parties.

CONTRACTOR’s obligation to defend Indemnified Parties shall be immediate upon written notice by TOWN to CONTRACTOR and CONTRACTOR shall, if requested by TOWN, defend Indemnified Parties using counsel approved by TOWN in its sole discretion.

ARTICLE XI: INSURANCE
a. Commercial General Liability/Automobile Liability Insurance:

CONTRACTOR shall obtain and maintain Commercial General Liability insurance in the amount of Two Million Dollars ($2,000,000) and Automobile Liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit

Construction Agreement
Tucker Construction
shall be twice the required occurrence limit. CONTRACTOR's insurance coverage shall be written on an occurrence basis.
b. Workers' Compensation Insurance:

CONTRACTOR shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance in the amount of One Million Dollars ($1,000,000) per accident.

CONTRACTOR is familiar with the Workers' Compensation laws of California (generally contained in Section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry Workers' Compensation insurance, and CONTRACTOR maintains they are exempted under the law from the requirement to maintain Workers' Compensation insurance coverage.

In addition, during the term of any work for TOWN under said agreement:
(1) CONTRACTOR will not employ any person in any manner so as to become subject to the Workers' Compensation laws of California, or (2) should CONTRACTOR become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code for any reason, CONTRACTOR shall forthwith comply with those provisions and send evidence of financial compliance to TOWN.
c. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to TOWN. d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be received and approved by TOWN before work commences, and insurance must be in effect for the duration of the contract. The absence of insurance or a reduction of stated limits shall cause all work on the project to cease. Any delays shall not increase costs to TOWN or increase the duration of the project.
e. Other Insurance Provisions:
(1) The TOWN OF LOS GATOS, its elected and appointed officials, employees, and agents are to be covered as additional insured by Endorsement CG 20 10 11 85 or other endorsement approved by Town Attorney for Commercial General and Automobile Liability coverage.
(2) For any claims related to this project, CONTRACTOR's insurance coverage shall be primary and any insurance or self-insurance maintained by TOWN, its elected and appointed, officials, employees, and agents shall not contribute to it. (3) Each insurance policy required shall be endorsed that a thirty (30) day notice be given to TOWN in the event of cancellation or modification to the stipulated insurance coverage.

Construction Agreement
Tucker Construction
(4) In the event CONTRACTOR employs subcontractors as part of the work covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that all subcontractors comply with the same insurance requirements that are stated in this Agreement. (5) Approval of the insurance by TOWN or acceptance of the Certificate of Insurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be held responsible for payment of damages resulting from CONTRACTOR's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of TOWN's rights to insurance coverage hereunder.
(6) If, for any reason, CONTRACTOR fails to maintain insurance coverage that is required pursuant to this contract, the same shall be deemed a material breach of contract.

TOWN, at its sole option, may terminate this contract and obtain damages from CONTRACTOR resulting from said breach. Alternately, TOWN may purchase such required insurance coverage, and without further notice to CONTRACTOR, TOWN may deduct from sums due to CONTRACTOR any premium costs advanced by TOWN for such insurance.

ARTICLE XII: BONDING REQUIREMENT
CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for Labor and Materials, or other guarantees, in the required $249,490 upon bond forms provided by the TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial Management Service and shall be listed on the most current Treasury Circular 570 as contained in the Federal Register.

Contractor agrees to allow five percent of the faithful performance bond to remain in effect for a period of two years following Town Council project acceptance as guarantee for any needed repair or replacement caused by defective materials and workmanship.

ARTICLE XIII: MAINTENANCE AND GUARANTY
CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a two (2) year period subsequent to the date of final acceptance.

This article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period, nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty certificates upon completion of the project.

Construction Agreement
Tucker Construction
ARTICLE XIV: SHORING FOR TRENCHES
If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of the Labor Code shall also be applicable.

ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES
This Agreement shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on comparable fees of private attorneys practicing in Santa Clara County.

ARTICLE XVI: LIQUIDATED DAMAGES
It is mutually agreed by CONTRACTOR and TOWN that in the event that completion of the construction by CONTRACTOR under this Agreement is delayed beyond ninety (90) working days from Notice to Proceed, TOWN will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, CONTRACTOR shall pay to TOWN the sum of Five Hundred Dollars ($500.00) per day in liquidated damages for each and every calendar day such delay in completion of the services under this Agreement continues beyond ninety (90) working days from Notice to Proceed. In the event that the liquidated damages are not paid, CONTRACTOR agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to CONTRACTOR under this Agreement.

ARTICLE XVII: INTERPRETATION OF CONTRACT
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE XVIII: AMENDMENTS AND CHANGE ORDERS
This Agreement may be amended from time to time as necessary by formal and written amendment or authorized change order executed by the Town Manager or designee and principal acting on behalf of the CONTRACTOR.

Construction Agreement
Tucker Construction
ARTICLE XIX: DBE RESPONSIBILITIES
For projects that are State or Federal funding; With respect to Disadvantaged Business Enterprises, CONTRACTOR shall do the following:
(1) Pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime contractor receives from TOWN. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors.
(2) Release all retainage owed to a subcontractor for satisfactory completion of the accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors.

ARTICLE XX: PREVAILING WAGES
Prevailing Wage. 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.

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.

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.

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.

Construction Agreement
Tucker Construction

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.

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.

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)].

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 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.

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.

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.

Construction Agreement
Tucker Construction
ARTICLE XXI: ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein.

ARTICLE XXII: PUBLIC RECORDS
The parties recognize and acknowledge that TOWN is subject to the California Public Records Act, California Government Code Section 6250 and following. Public records are subject to disclosure.

ARTICLE XXIII: NOTICES
Any notice required to be given to CONTRACTOR shall be deemed to be duly and properly given if mailed to CONTRACTOR, postage prepaid, addressed to:

Tucker Construction, Inc.
1725 Little Orchard St. Suite D
San Jose, CA 95125
or personally delivered to CONTRACTOR at such address or at such other addresses as CONTRACTOR may designate in writing to TOWN.

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

Nicolle Burnham
Parks and Public Works Director

TOWN OF LOS GATOS
41 Miles Avenue
Los Gatos, California 95030
or personally delivered to TOWN at such address or at such other addresses as TOWN may designate in writing to CONTRACTOR.

ARTICLE XXIV: SECTION 7106 FORM
Attached to the Agreement is a fully executed and sworn non-collusion affidavit as required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated herein by this reference.

Construction Agreement
Tucker Construction
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first written above.

APPROVED AS TO CONTENT:

Nicolle Burnham
Director of Parks and Public Works
APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney
"TOWN":

TOWN OF LOS GATOS
By:

Laurel Prevetti
Town Manager
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
CONTRACTOR:

Name:

Tucker Construction, Inc.______________
Address: ___________________________
___________________________________
Tax ID No. or SSAN:

By: Mark Tucker

Title: President__________________________
By:

Title:

EXHIBIT A

Issued April 28, 2023

PROJECT SPECIFICATIONS
FOR
CIP #421-821-2601-82303 FY 2022/23

ADULT RECREATION CENTER ADA

COMPLIANT PUBLIC RESTROOM
Bid Opening
2:00 PM, Thursday, May 18, 2023
ATTACHMENT 6

[THIS PAGE INTENTIONALLY LEFT BLANK]

IN PARTNERSHIP WITH:

ARCHITECT

[THIS PAGE INTENTIONALLY LEFT BLANK]

CIP No. 821-2601 ARC Restroom project

Project #421-821-2601-82303 FY 2022/23 ADULT RECREATION

CENTER ADA COMPLIANT PUBLIC RESTROOM

TABLE OF CONTENTS
Project #421-821-2601-82303 FY 2022/23 ADULT RECREATION CENTER ADA COMPLIANT PUBLIC RESTROOM................................................................................... 1 PART I – BID AND CONTRACT FORMS............................................................................... 5 NOTICE TO CONTRACTORS.............................................................................................. 7 BID FORM 11
A. SCHEDULE OF VALUES ................................................................................. 12 B. BID FORM.......................................................................................................... 12 C. RESERVATION ................................................................................................. 12 D. SUBCONTRACTORS........................................................................................ 12 E. NOTICE .............................................................................................................. 12 F. DISCLOSURE .................................................................................................... 12 G. WORDS AND PHRASES .................................................................................. 13 H. CERTIFICATION............................................................................................... 13 I. LICENSING........................................................................................................ 14 LIST OF SUBCONTRACTORS........................................................................................... 15 BIDDER'S BOND................................................................................................................... 16 CONSTRUCTION AGREEMENT....................................................................................... 18 CONTRACTOR'S BOND FOR LABOR AND MATERIAL ............................................ 28 CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE...................................... 30 PART II – SPECIAL PROVISIONS ........................................................................................ 33 SECTION 1 DEFINITIONS AND TERMS ........................................................................ 35 1-1.01 DEFINITIONS .................................................................................................... 35

1.1.02 SPECIFICATIONS ............................................................................................. 36 1-1.03 GENERAL .......................................................................................................... 37 1-1.04 STATEMENT OF WORK.................................................................................. 37 1-1.05 DRAWINGS ....................................................................................................... 37 1-1.06 BUSINESS LICENSE......................................................................................... 37 1-1.07 MINORITY AND WOMEN BUSINESS ENTERPRISES................................ 37 1-1.08 PROOF OF COMPETENCY OF BIDDER........................................................ 37 1-1.09 SPECIAL NOTICE ............................................................................................. 38

CIP No. 821-2601 ARC Restroom project

SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS.................................. 39 2-1.01 GENERAL .......................................................................................................... 39 2-1.02 LICENSES .......................................................................................................... 39 2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE WORK........... 39 2-1.04 CONTENTS OF BID .......................................................................................... 39 2-1.05 WITHDRAWAL OF BID................................................................................... 40 2-1.06 WITHDRAWAL OF BIDS AFTER OPENING................................................. 40 2-1.07 BIDDERS INTERESTED IN MORE THAN ONE BID.................................... 40 2-1.08 SUBMISSION OF BIDS; AGREEMENT TO ASSIGN.................................... 40 2-1.09 LIST OF SUBCONTRACTORS ........................................................................ 40 2-1.10 INSURANCE...................................................................................................... 41 2-1.11 BIDDER'S BOND............................................................................................... 41 2-1.12 GUARANTEE OF MATERIALS AND EQUIPMENT..................................... 41 2-1.13 PROPOSAL GUARANTY ................................................................................. 41 2-1.14 PRE-BID SITE INSPECTION............................................................................ 41 SECTION 3 AWARD AND EXECUTION OF CONTRACT............................................ 43 3-1.01 GENERAL .......................................................................................................... 43 3-1.02 AWARD OR REJECTION OF BIDS................................................................. 43 3-1.03 REJECTION OF PROPOSALS.......................................................................... 43 3-1.04 SUBSTITUTION OF SUBCONTRACTORS .................................................... 44 3-1.05 PERFORMANCE BOND AND LABOR AND MATERIALS BOND............. 45 3-1.06 WORKER’S COMPENSATION........................................................................ 45 3-1.07 INSURANCE REQUIREMENTS ...................................................................... 45 3-1.08 EXECUTION OF AGREEMENT ...................................................................... 46 3-1.09 NOTIFICATION BY CONTRACTOR.............................................................. 46 SECTION 4 SCOPE OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES 48
4-1.01 GENERAL .......................................................................................................... 48 4-1.02 TIME OF COMPLETION .................................................................................. 48 4-1.03 LIQUIDATED DAMAGES................................................................................ 48 4-1.04 LOCATION OF WORK ..................................................................................... 49 4-1.05 CHANGES TO THE WORK.............................................................................. 49 4-1.06 CHANGED CONDITIONS................................................................................ 49 4-1.07 NOTIFICATION OF CHANGE IN CONDITION............................................. 51 SECTION 5 CONTROL OF WORK................................................................................... 53

CIP No. 821-2601 ARC Restroom project

SECTION 6 CONTROL OF MATERIALS ........................................................................ 54 6-1.01 GENERAL .......................................................................................................... 54 6-1.02 TOWN FURNISHED MATERIALS.................................................................. 54 6-1.03 SUBMITTALS.................................................................................................... 54 6-1.04 MATERIALS/PRODUCTS SUBMITTALS...................................................... 54 6-1.05 RECORD DRAWINGS ...................................................................................... 59 6-1.06 MATERIALS TESTING .................................................................................... 63 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES ....................................... 64 7-1.01 GENERAL .......................................................................................................... 64 7-1.02 PREVAILING WAGE........................................................................................ 64 7-1.03 PAYROLL RECORDS ....................................................................................... 64 7-1.04 LABOR NONDISCRIMINATION .................................................................... 65 7-1.05 LEGAL RELATIONS AND RESPONSIBILITY.............................................. 68 7-1.06 EMPLOYMENT OF APPRENTICES................................................................ 68 7-1.07 PUBLIC SAFETY............................................................................................... 69 7-1.08 ADDITIONAL SURETIES ................................................................................ 69 7-1.09 INSURANCE...................................................................................................... 70 7-1.10 CONTRACT DOCUMENTS ON SITE ............................................................. 72 7-1.11 COORDINATION OF WORK WITH OTHER CONTRACTS ........................ 72 7-1.12 EQUIPMENT AND MATERIAL REPLACEMENT ........................................ 72 7-1.13 PUBLIC SAFETY – NOISE............................................................................... 72 7-1.14 EQUAL EMPLOYMENT OPPORTUNITY POLICY ...................................... 73 7-1-15 EQUAL EMPLOYMENT OPPORTUNITY OFFICER .................................... 73 7-1.16 DISSEMINATION OF POLICY ........................................................................ 73 7-1.17 RECRUITMENT................................................................................................. 73 7-1.18 PERSONNEL ACTIONS.................................................................................... 74 7-1.19 TRAINING AND PROMOTION ....................................................................... 74 7-1.20 UNIONS.............................................................................................................. 75 7-1.21 SUBCONTRACTING......................................................................................... 75 7-1.22 DEBARRED CONTRACTORS AND SUBCONTRACTORS ......................... 75 7-1.23 NOTICES AND POSTERS ................................................................................ 75 7-1.24 FAIR EMPLOYMENT PRACTICES STATEMENT........................................ 76 7-1.25 RECORDS........................................................................................................... 76 7-1.26 REPORTS ........................................................................................................... 77

CIP No. 821-2601 ARC Restroom project

7-1.27 BREACH OF EQUAL EMPLOYMENT CONDITIONS.................................. 77 7-1.28 DISQUALIFICATION FROM FUTURE CONTRACTS.................................. 78 7-1.29 OTHER REMEDIES........................................................................................... 78 7-1.30 PUBLIC WORKS CONTRACTS; ASSIGNMENT TO AWARDING BODY. 78 7-1-31 UNFAIR BUSINESS PRACTICE CLAIMS...................................................... 78 7-1.32 CLAIMS.............................................................................................................. 79 SECTION 8 PROSECUTION AND PROGRESS............................................................... 83 8-1.01 GENERAL .......................................................................................................... 83 8-1.02 CONSTRUCTION SCHEDULE ........................................................................ 83 8-1.03 START OF WORK AND TIME OF COMPLETION........................................ 83 8-1.04 LIQUIDATED DAMAGES................................................................................ 83 8-1.05 ADJUSTMENT AND PRESERVATION OF UTILITIES ................................ 84 8-1.06 SUPERVISION................................................................................................... 84 8-1.07 PRE-CONSTRUCTION CONFERENCE .......................................................... 84 SECTION 9 MEASUREMENT AND PAYMENT............................................................. 86 9-1.01 GENERAL .......................................................................................................... 86 9-1.02 MEASUREMENT AND PAYMENT................................................................. 86 PART III – TECHNICAL SPECIFICATIONS OF THE SPECIAL PROVISIONS .......... 89 SECTION 10-1 GENERAL CONSTRUCTION REQUIREMENTS ............................ 91 APPENDIX A – LOCATION OF WORK
APPENDIX B – BLUEPRINT FOR CLEAN BAY
APPENDIX C – TOWN OF LOS GATOS STORM WATER POLLUTION CONTROL

ORDINANCE

CIP No. 821-2601 ARC Restroom project

PART I – BID AND CONTRACT FORMS

CIP No. 821-2601 ARC Restroom project

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CIP No. 821-2601 ARC Restroom project

NOTICE TO CONTRACTORS
Only electronic bids will be received on the Town of Los Gatos plan room at www.losgatosplanroom.com until
2:00 PM THURSDAY MAY 18, 2023
Project #421-821-2601-82303 FY 2022/23 ADULT RECREATION CENTER ADA

COMPLIANT PUBLIC RESTROOM
at which time they will be opened electronically. Bidders must register for an account on the Plan Room to submit bids electronically. Plans and Specifications and Addendums (if any) may be viewed and downloaded free of charge via the internet at the Plan Room. To be included on the Plan Holder’s List for the project, registered users must download the Plans and Specifications from the Plan Room. Bidders must verify and acknowledge all addendums before submitting a bid. Hard copies of the Plans and Specifications will not be provided by the Town.

After the bid opening, bid bonds from the lowest three responsible bidders must be submitted to the Town of Los Gatos Parks and Public Works Director at 41 Miles Avenue, Los Gatos, CA 95030 and be postmarked within three business days of the bid opening date.

This following information is presented to indicate the size of the project and no warrant is made or intended as to final quantities:

The project includes the demolition of a breakroom to install an ADA compliant single use public restroom.

All bidders must attend a MANDATORY PRE-BID MEETING AND WALK THROUGH OF THE PROJECT SITE on Thursday, May 11th at 10.00 am at the project site located at 208 E. Main Street, Los Gatos, CA 95030.

Bids submitted on the Town of Los Gatos Plan Room shall be opened/downloaded and publicly read live in the Clerk’s Office at 110 E. Main Street, Los Gatos, CA 95030 or via a Zoom meeting scheduled for May 18, 2023 at 2:00 pm. Please contact Dan Keller at [email protected] for the Zoom link to participate.

All contractors and subcontractors have been required since April 1, 2015 to be registered with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal or may work on a public works project unless registered with DIR.

All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). For additional information, visit the DIR website at: http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Each bid must be accompanied by a cashier's check, certified check, or Bidder's Bond executed by a corporate surety authorized to engage in such business in the State of California, payable to the Town of Los Gatos, in an amount not less than ten percent (10%) of the amount of the Base Bid. The successful bidder will be required to furnish a Performance Bond in an amount equal to

CIP No. 821-2601 ARC Restroom project

one hundred percent (100%) of the contract price, and a Labor and Material Bond in an amount equal to one hundred percent (100%) of the contract price. Said bonds shall also be executed by a corporate surety authorized to engage in such business in the State of California and be made payable to the Town of Los Gatos. Original Bidder’s Bond with surety seal must accompany the bid.

If the successful bidder fails, neglects, or refuses for TEN (10) calendar days after the award of the contract to enter into the contract to perform the work, the cashier's check, certified check, or Bidder's Bond accompanying the bid and the amount therein named, shall be declared forfeited to the Town and shall be collected by it and paid into its general fund. No bidder may withdraw his/her bid for a period of SIXTY (60) calendar days after the date set for the opening thereof, and the same shall be subject to acceptance by the Town during this period.

The Town reserves the right to reject any or all bids, waive any irregularities in any bids and its determination as to which bid is the lowest responsible bid and is for the best interest of the Town shall be final. The Town shall have SIXTY (60) calendar days from and after the opening of the bids within which to make its determination.

The Contractor receiving the award of the contract shall begin work within FIFTEEN (15) calendar days after receipt of the Notice to Proceed and shall diligently prosecute the same to completion within the time restrictions as listed in the technical specifications and all work shall be completed by the time allotted in the technical specifications.

The Contractor shall have sixty (60) working days to complete this project. Working days will be counted upon the Contractor’s receipt of the Notice to Proceed, as noted above.

At the time the Contractor’s bid proposal is submitted, the Contractor shall possess a valid Class A or B California General Contractor's License. The Contractor shall also possess a valid Town of Los Gatos Business License at the time the contract is awarded.

The Town of Los Gatos hereby notifies all bidders that it will affirmatively ensure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the grounds of race, color, national origin, sex, religion, age or disability. The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOTassisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract, or such other remedy as recipient deems appropriate.

Prevailing Wage. 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

CIP No. 821-2601 ARC Restroom project

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.

For any moneys earned by the Contractor and withheld by the Town to ensure the performance of the contract, the Contractor may, at the Contractor's request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Article 8, (commencing with Section 10263), Chapter 1, Part 2, Division 2 of the Public Contract Code of the State of California.

Plans and Specifications may be viewed at no cost and downloaded via the internet at www.losgatosplanroom.com (Plan Room). Plans, Specifications, Addendums, and Plan Holder’s list may also be viewed at the website noted above.

ATTEST:
/s/Wendy Wood, Town Clerk
Pub: LG 04/28/23 & 05/05/23

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CIP No. 821-2601 ARC Restroom project

BID FORM
TO: The Town of Los Gatos, County of Santa Clara,
State of California, herein called Owner
FROM: _____________________________, herein called Contractor Pursuant to and in compliance with your Notice to Contractors and the Contract Documents relating to the CIP #421-821-2601-82303 FY 2022/23

ADULT RECREATION CENTER ADA COMPLIANT PUBLIC
RESTROOM, including Addenda No. _______, _______, _______, _______, _______, the undersigned bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with the local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, and having inspected the site in all particulars, hereby proposes and agrees to fully perform the work within the time stated and in strict accordance with the Contract Documents (including the furnishing of any and all labor and materials) and do all the work required to construct and to complete said work in accordance with the Contract Documents.

The undersigned agrees to complete all work or a firm price, Base Bid Total Base Bid (in numbers) $
Total Base Bid (written)

CIP No. 821-2601 ARC Restroom project

A. SCHEDULE OF VALUES
The contractor shall submit a Schedule of Values identifying costs of Major Items of Work within 5 days of scheduled date for award of bid by the town. The major items of work shall be further broken down into definable features of work when requested by the Town. Contractor shall assign prices to all features of work which aggregate the Contract Price.

B. BID FORM
The quantities shown on this bid form are approximate only, being given as a basis for the comparison of bids, and the Owner does not, expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount or class or portion of the work as may be deemed necessary or advisable by the Director of Parks & Public Works. This bid will be rejected if bidder fails to provide a bid for each item.

The Owner reserves the right to make a comparison of bids based on any combination of the above alternate bid items.

C. RESERVATION
It is understood that the Owner reserves the right to reject this bid, but that this bid shall not be withdrawn for a period of 60 days from the date prescribed for its opening.

D. SUBCONTRACTORS
Attached hereto and incorporated herein is the complete and entire list of subcontractors to be employed by the undersigned in the performance of the work.

E. NOTICE
If written notice of the acceptance of this bid is mailed or delivered personally to the undersigned within 60 days after the date set for the opening of this bid, or at any time thereafter before it is withdrawn, the undersigned bidder shall execute and deliver the Contract Documents to Owner in accordance with this bid as accepted, and will also furnish and deliver to Owner the Performance Bond, Labor and Material Bond as specified, and proof of insurance coverage as required in Part I, under “Construction Agreement,” of these Specifications, all within 10 calendar days after personal delivery or after deposit in the mails, of the notification of acceptance of this bid. The above-mentioned bonds shall be satisfactory to, and on the forms approved by Owner.

Notice of acceptance or request for additional information may be addressed to the undersigned at the address set forth below.

F. DISCLOSURE
The undersigned declares that this bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that the bid is genuine and not collusive or sham; that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded or agreed with any bidder or anyone else to put in a sham bid or to refrain from bidding; that the undersigned has not directly or indirectly sought by agreement, communication or conference with anyone to fix his/her bid price or the bid price of any other bidder, or to fix any overhead, profit or cost element of such bid price or of that of any other bidder, or to secure any

CIP No. 821-2601 ARC Restroom project

advantage against the Town of Los Gatos or anyone interested in the proposed Contract; that the only persons or parties interested in this bid as principals are those named herein; that all statements contained in this bid are true; that the undersigned has not directly or indirectly, submitted his/her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any other persons, partnership, corporation, or association except to such person or persons as have a direct financial interest in bidder's general business; and that the undersigned has not accepted any bid from any subcontractor or vendor through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the undersigned from considering any bid from any subcontractor or vendor, which is not processed through said bid depository, or which may prevent any subcontractor or vendor from bidding to any general contractor who does not use the facilities of or accept bids from or through such bid depository; and that the undersigned has not paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

G. WORDS AND PHRASES
Wherever in this bid an amount is stated in both words and figures, in case of discrepancy between words and figures, the words shall prevail; if all or any portion of the proposal is required to be given in unit prices and totals and a discrepancy exists between any such unit prices and totals so given, the unit prices shall prevail.

H. CERTIFICATION
The undersigned certifies that the Contract Documents have been thoroughly read and understood and that, except as may be specifically noted and contained in addenda, there are no discrepancies or misunderstandings as to the meaning, purpose or intent of any provision in the Contract Documents or as to the interpretation of the same. The undersigned hereby incorporates by reference, the same as though set out in full, all provisions of the Notice to Contractors and Information for Bidders published by Owner and pertaining to the work described in this bid.

Accompanying this bid is [insert words "cash", "cashier's check", "certified check", or "bidder's bond", as the case may be], in amount equal to at least 10% of total of the bid, naming the Owner as Obligee or Payee, as applicable.

The names of all persons interested in the foregoing bid as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, give legal name of corporation, state where incorporated and names of the president and secretary thereof; if a partnership, give name of the firm, also names of all individual co-partners composing firm; if bidder or other interested person is an individual, give first and last names in full.

CIP No. 821-2601 ARC Restroom project

I. LICENSING
The undersigned is licensed in accordance with State Law providing for the registration of Contractors, License No. ____________. [A class "A" or “B” California Contractor’s License is required.] The License expiration date is ______________. No payment for work or material under this Contract will be made by Owner unless and until the Owner receives verification from the State Registrar of Contractors that the records of the Contractor's State License Board indicate the successful bidder was properly licensed at the time the Contract was awarded.

Any bidder not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, an appropriate disciplinary action by the Contractor's State License Board.

In addition, failure of the bidder to obtain and maintain proper and adequate licensing for the Contract shall constitute a failure to execute or perform this Contract and shall result in the forfeiture of the security of the bidder. The representations made herein are under penalty of perjury.

NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth below, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the name of the firm shall be set forth below, together with the signatures of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his/her signature shall be placed below.

I declare under penalty of perjury that I have the authority to execute this bid form and that the foregoing is true and correct.

BIDDER: _____________________________________________________________________ (FIRM NAME)
SIGNATURE: __________________________PRINTED NAME: _______________________ TITLE: ___________________________________ DATE: _____________________________ ADDRESS / TELEPHONE / E-MAIL: ______________________________________________ ______________________________________________________________________________ DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION NUMBER:
_________________

CIP No. 821-2601 ARC Restroom project

LIST OF SUBCONTRACTORS
In compliance with the provisions of §§4100-4107 of the Public Contracts Code of the State of California, and any amendments thereof, the undersigned bidder has set forth below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the undersigned in or about the construction of the Work to be performed under the Contract Documents to which the attached bid is responsive, or of a person who will, off the job site, specially fabricate a portion of the Work or improvement according to detailed drawings contained in the Contract Documents, and the portion of the Work which will be done by each such subcontractor or person that will be in an amount in excess of ½ of 1% of the prime Contractor's total bid, or $10,000, whichever is greater. Prime Contractor shall list the California Department of Industrial Relations (DIR) number for all subcontractors working on the project.

SUBCONTRACTOR DESCRIPTION OF
WORK

COST OF
WORK

BUSINESS

ADDRESS
DIR#

Bidder’s Signature

CIP No. 821-2601 ARC Restroom project

BIDDER'S BOND
KNOW ALL PERSONS BY THESE PRESENTS:

That we, as Principal, and ________________________ as
Surety, are held and firmly bound unto the Town of Los Gatos, a municipal corporation of the State of California (hereinafter called "Town") in the penal sum of 10% of the total aggregate amount of the bid of the Principal above named, submitted by said Principal to the Town for the Project listed below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of ______________________________________________________ ($ ) dollars.

CIP #421-821-2601-82303 FY 2022/23 ADULT RECREATION CENTER ADA

COMPLIANT PUBLIC RESTROOM
The condition of this obligation is such that a bid to the Town for this project, for which bids are to be opened on Thursday, May 18, 2023 at 2:00 p.m., has been submitted by Principal to Town:

BID TOTAL: ______________________________
The quantities shown on the bid form are approximate only, being given as a basis for the comparison of bids, and the Owner does not, expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount or class or portion of the work as may be deemed necessary or advisable by the Director of Parks & Public Works.

NOW THEREFORE, if the Principal is awarded the Contract and within the time and manner required under the Specifications, after the prescribed forms are presented to the Principal for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files 2 bonds with the Town, to guarantee faithful performance of the Contract and to guarantee payment for labor and materials as provided by law as well as files insurance certificates and equal employment opportunity documentation required under the bid, then this obligation shall be null and void; otherwise, it shall remain in full force.

In the event suit is brought upon said bond by Town, and judgment is recovered, the Surety shall pay all costs incurred by Town in such suit, including a reasonable attorney's fee to be fixed by the Court.

CIP No. 821-2601 ARC Restroom project

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .

PRINCIPAL: SURETY:
(Seal) (Seal)
(Seal) (Seal)
(Seal) (Principal) (Seal) (Principal)
(Address) (Address)
(City, State, Zip) (City, State, Zip)
(Phone Number) (Phone Number)
NOTE: Attach Notary Acknowledgment for signatures of those executing for PRINCIPAL (owner) and SURETY.

CIP No. 821-2601 ARC Restroom project

CONSTRUCTION AGREEMENT
This Agreement is dated for identification this ____ day of ________, 2023, and is made by and between the TOWN OF LOS GATOS, a California municipal corporation, whose address is 110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and (CONTRACTOR NAME), whose address is (CONTRACTOR ADDRESS) (hereinafter "CONTRACTOR").

NOW, THEREFORE, the parties agree:

ARTICLE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT.

That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said TOWN, and under the conditions expressed in the two bonds hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost and expense, to do all the work and furnish all the materials and equipment necessary to construct and complete, in accordance with the plans and specifications hereinafter mentioned, in a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or his, of the TOWN OF LOS GATOS, California, all the works and improvements described, mentioned and set forth in those plans and specifications on file in the Office of the Parks and Public Works of said TOWN, entitled:
"Plans and Specifications for
CIP #421-821-2601-82303 FY 2022/23 ADULT RECREATION CENTER ADA

COMPLIANT PUBLIC RESTROOM
which said plans and specifications and all the documents therein contained, including the TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such reference made part of this contract.

ARTICLE II: CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exhibit "A," which is attached hereto and incorporated by reference herewith, as full compensation for furnishing all materials and equipment and for doing all the work described in the contract documents; also for all loss or damage as provided in the contract documents in the prosecution of the work until its acceptance by the Town Council of the TOWN OF LOS GATOS, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the contract documents, plans and specifications, and the requirements of the Town Engineer.

ARTICLE III: ACCEPTANCE BY TOWN
The said TOWN hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the

CIP No. 821-2601 ARC Restroom project

prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Part I – Page 1 of the TOWN's Project Specifications Notice to Contractors which are hereby made a part of this contract. Inasmuch as the work called for under this contract concerns a needed public improvement, the time of performance and completion of this work is of the essence of this contract. It is expressly understood and agreed by the parties hereto that all the work called for under this contract, in all its parts and requirements, shall be completed Ninety (90) working days from Notice to Proceed.

ARTICLE V: HOURS OF LABOR
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25) for each workman employed in the execution of the contract by him or by any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and all amendments thereto.

ARTICLE VI: APPRENTICES
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code governing the employment of apprentices by the CONTRACTOR or any subcontractor under him. CONTRACTOR and any of his subcontractors shall comply with the requirements of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance with the said sections regardless of any other contractual or employment relationships alleged to exist.

Information relative to apprenticeship standards and other requirements may be obtained from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards at its branch offices.

ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract.

CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.

Failure by CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

CIP No. 821-2601 ARC Restroom project

ARTICLE VIII: INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR is an independent contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and employees, and said persons shall not be deemed agents, servants or employees of TOWN.

ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS
CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics, writings, recordings and other tangible materials regardless of form or format, including, without limitation, electronically transmitted documents and ACAD files, and other collateral materials collected, compiled, drafted, prepared, produced and/or generated in the performance of this Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such documents to TOWN upon TOWN's request. In the event that this Agreement is terminated prior to completion of the scope of work, CONTRACTOR shall provide all such data and documents to TOWN forthwith.

ARTICLE X: INSURANCE
a. Commercial General Liability/Automobile Liability Insurance:

CONTRACTOR shall obtain and maintain Commercial General Liability insurance and Automobile Liability insurance in the amount of One Million Dollars ($2,000,000) per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. CONTRACTOR's insurance coverage shall be written on an occurrence basis.
b. Workers' Compensation Insurance:

CONTRACTOR shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance in the amount of One Million Dollars ($1,000,000) per accident.

CONTRACTOR is familiar with the Workers' Compensation laws of California (generally contained in Section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry Workers' Compensation insurance, and CONTRACTOR maintains they are exempted under the law from the requirement to maintain Workers' Compensation insurance coverage.

In addition, during the term of any work for TOWN under said agreement: (1) CONTRACTOR will not employ any person in any manner so as to become subject to the Workers' Compensation laws of California, or (2) should CONTRACTOR become subject

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to the Workers' Compensation provisions of Section 3700 of the Labor Code for any reason, CONTRACTOR shall forthwith comply with those provisions and send evidence of financial compliance to TOWN.
c. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to TOWN. d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be received and approved by TOWN before work commences, and insurance must be in effect for the duration of the contract. The absence of insurance or a reduction of stated limits shall cause all work on the project to cease. Any delays shall not increase costs to TOWN or increase the duration of the project.
e. Other Insurance Provisions:
(1) The TOWN OF LOS GATOS, its officers, officials, employees and volunteers are to be covered as additional insured by Endorsement CG 20 10 11 85 or other endorsement approved by Town Attorney for Commercial General and Automobile Liability coverage.
(2) For any claims related to this project, CONTRACTOR's insurance coverage shall be primary and any insurance or self-insurance maintained by TOWN, its officers, officials, employees and volunteers shall not contribute to it. (3) Each insurance policy required shall be endorsed that a thirty (30) day notice be given to TOWN in the event of cancellation or modification to the stipulated insurance coverage.
(4) In the event CONTRACTOR employs subcontractors as part of the work covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that all subcontractors comply with the same insurance requirements that are stated in this Agreement.
(5) Approval of the insurance by TOWN or acceptance of the Certificate of Insurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be held responsible for payment of damages resulting from CONTRACTOR's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of TOWN's rights to insurance coverage hereunder.
(6) If, for any reason, CONTRACTOR fails to maintain insurance coverage that is required pursuant to this contract, the same shall be deemed a material breach of contract. TOWN, at its sole option, may terminate this contract and obtain damages from CONTRACTOR resulting from said breach. Alternately, TOWN may purchase such required insurance coverage, and without further notice to CONTRACTOR, TOWN may deduct from sums due to CONTRACTOR any premium costs advanced by

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TOWN for such insurance.

ARTICLE XI: HOLD HARMLESS
CONTRACTOR hereby agrees to and shall hold TOWN, its elective and appointive boards, commissions, officers, agents, registered volunteers, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage and any other claims of any sort whatsoever, including, but not limited to, any liabilities, claims, losses, or expenses in any manner caused by, arising out of, or in connection with, either directly or indirectly, the construction or installation of the work, the guarding of the work, the use of improper materials in construction of the work, or the negligent, willful, or intentional acts or omissions by CONTRACTOR or CONTRACTOR's subcontractors, agents, or employee operations under this Agreement, whether such operations by CONTRACTOR or by any of CONTRACTOR's subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for CONTRACTOR or any of CONTRACTOR's subcontractors during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONTRACTOR for default of this Agreement or arising from the sole active negligence or willful misconduct of the TOWN.

The Town Council may retain so much of the money due to the CONTRACTOR as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or claims for damages as aforesaid.

CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, and employees from any suits or actions at law or in equity arising out of the execution, adoption or implementation of this Agreement (exclusive of any such actions brought by CONTRACTOR), such indemnification to include all costs of defense, judgments, and any awards of attorneys' fees.

Should any accident or incident causing death, personal injury or property damage occur between the date CONTRACTOR is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, CONTRACTOR's obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no manner be affected by the fact that the TOWN had not received the notice of cancellation prior to the date of such accident or incident.

ARTICLE XII: BONDING REQUIREMENT
CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by the TOWN, guarantying the performance of the terms of this Agreement.

Surety issuing bonds for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial Management Service and shall be listed on the most current Treasury Circular 570 as contained in the Federal Register.

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Contractor agrees to allow five percent of the faithful performance bond to remain in effect for a period of two years following Town Council project acceptance as guarantee for any needed repair or replacement caused by defective materials and workmanship.

ARTICLE XIII: MAINTENANCE AND GUARANTY
CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a one (1) year period subsequent to the date of final acceptance.

This article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period, nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty certificates upon completion of the project.

ARTICLE XIV: SHORING FOR TRENCHES
If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of the Labor Code shall also be applicable.

ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES
This Agreement shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court.

Reasonable attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on comparable fees of private attorneys practicing in Santa Clara County.

ARTICLE XVI: LIQUIDATED DAMAGES
It is mutually agreed by CONTRACTOR and TOWN that in the event that completion of the construction by CONTRACTOR under this Agreement is delayed beyond DATE, TOWN will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, CONTRACTOR shall pay to TOWN the sum of Five Hundred Dollars ($500.00) per day in liquidated damages for each and every calendar day such delay in completion of the services under this Agreement continues beyond DATE. In the event that the liquidated damages are not paid, CONTRACTOR agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to CONTRACTOR under this Agreement.

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ARTICLE XVII: INTERPRETATION OF CONTRACT
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE XVIII: AMENDMENTS AND CHANGE ORDERS
This Agreement may be amended from time to time as necessary by formal and written amendment or authorized change order executed by the Town Manager or designee and principal acting on behalf of the CONTRACTOR.

ARTICLE XIX: DBE RESPONSIBILITIES
For projects that are State or Federal funding; With respect to Disadvantaged Business Enterprises, CONTRACTOR shall do the following:
(1) Pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime contractor receives from TOWN. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors. (2) Release all retainage owed to a subcontractor for satisfactory completion of the accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors.

ARTICLE XX: PREVAILING WAGES
Prevailing Wage. 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 andstructures.

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

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copy of the applicable wage determination posted and/or available at each jobsite.

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 toapplicable Labor Code section.

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. 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.

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.

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)].

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 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.

8. Should any contractor or subcontractors not be a registered public works contractor and

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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 suchfine.

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 thecontract.

ARTICLE XXI: ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein.

ARTICLE XXII: PUBLIC RECORDS
The parties recognize and acknowledge that TOWN is subject to the California Public Records Act, California Government Code Section 6250 and following. Public records are subject to disclosure.

ARTICLE XXIII: NOTICES
Any notice required to be given to CONTRACTOR shall be deemed to be duly and properly given if mailed to CONTRACTOR, postage prepaid, addressed to:

CONTRACTOR NAME ADDRESS

CITY, STATE ZIP
or personally delivered to CONTRACTOR at such address or at such other addresses as CONTRACTOR may designate in writing to TOWN.

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

WooJae Kim, P.E. Town Engineer

TOWN OF LOS GATOS
41 Miles Avenue
Los Gatos, California 95030
or personally delivered to TOWN at such address or at such other addresses as TOWN may designate in writing to CONTRACTOR.

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ARTICLE XXIV: SECTION 7106 FORM
Attached to the Agreement is a fully executed and sworn non-collusion affidavit as required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated herein by this reference.

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first written above.

APPROVED AS TO CONTENT: “TOWN”

TOWN OF LOS GATOS
________________________________ By: _____________________________ Nicolle Burnham Laurel Prevetti
Director of Parks and Public Works Town Manager

APPROVED AS TO FORM
________________________________ Attest: __________________________ Gabrielle Whelan Wendy Wood, CMC,
Town Attorney Town Clerk
CONTRACTOR By: ____________________________
Name: ____________________________ Title: __________________________ Address: ___________________________
___________________________________ By: _____________________________ ___________________________________
Title: ___________________________
Tax ID No or SSN
___________________________________

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CONTRACTOR'S BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That , as Principal, and
, incorporated under the laws of the State of
and authorized to execute bonds and
undertakings as Surety, are held and firmly bound unto any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting implements or machinery, or hiring crews, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the contractor, company, or corporations in the just and full sum of _______________________________________________________ ___________________________________________________________________________

Dollars ($ ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally firmly by these presents.

The condition of the foregoing obligation is such that; WHEREAS, the abovebounden Principal has entered into a certain contract attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to wit:

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COMPLIANT PUBLIC RESTROOM
as required by the plans and specifications, pursuant to the award made to said contractor by the Council of the TOWN OF LOS GATOS, on 2023, as will more fully appear by reference to the minutes of said Council of said TOWN of said date.

NOW, THEREFORE, if the above-bounden Principal, contractor, person, company, or corporation, or his agent, or the subcontractors, fails to pay for any materials, provisions, provender, or other supplies, or crews used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or for any amount required to be deducted, withheld, and paid over to Franchise Tax Board, from the wages of employees of the contractor or subcontractor, pursuant to Section 18806 of the Revenue and Tax Code, then the Surety of this bond will also pay the same in an amount not exceeding the sum specified in the bond; and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered.

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The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

This bond is executed and filed to comply with the provisions of Sections 3247, et seq., of the Civil Code.

Signed and sealed this day of , 2022.

BY: ______________________________ BY: _____________________________ __________________________________ _________________________________ __________________________________ _________________________________ __________________________________ _________________________________ CONTRACTOR SURETY (Address and Phone No.)
(CORPORATE SEAL) (SURETY SEAL)
The amount of the within obligation is hereby fixed by the TOWN Council in the sum of (CONTRACT AMOUNT) Dollars ($XXXXX), that sum being one hundred percent (100%) of the contract price, is by said TOWN Council deemed adequate, and is the sum fixed by it for that purpose and the TOWN Manager is hereby authorized to approve said bond.

APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney Laurel Prevetti, Town Manager ATTEST:

Wendy Wood, C Town Clerk

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CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That , as Principal, and
,
incorporated under the laws of the State of , and authorized to execute bonds and undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a municipal corporation of the State of California, in the sum of Dollars ($ ), for payment whereof, well
and truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that: WHEREAS, the abovebounden Principal has entered into a certain contract attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to wit:

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COMPLIANT PUBLIC RESTROOM
as required by the plans and specifications, pursuant to the award made to said contractor by the Council of the TOWN OF LOS GATOS, on , 2023, as will more fully appear by reference to the minutes of said Council of said date.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

NOW, THEREFORE, if the above-bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise, to remain in full force and effect.

Signed and sealed this day of , 2023.

The amount of the within obligation is hereby fixed by the TOWN Council in the sum of (CONTRACT AMOUNT) Dollars ($XXXXX), that sum being one hundred percent (100%) of the contract price, is by said TOWN Council deemed sufficient and adequate, and is the sum fixed by it for that purpose.

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BY: ______________________________ BY: _____________________________ __________________________________ _________________________________ __________________________________ _________________________________ __________________________________ _________________________________ CONTRACTOR SURETY (Address and Phone No.)
(CORPORATE SEAL) (SURETY SEAL)
APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney Laurel Prevetti, Town Manager ATTEST:

Wendy Wood, Town Clerk

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PART II – SPECIAL PROVISIONS

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SECTION 1 DEFINITIONS AND TERMS
1-1.01 DEFINITIONS
Wherever in these Specifications and other Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

Agency. The Town of Los Gatos, Department of Parks and Public Works.

Contract Documents. The Notice to Contractors, Information for Bidders, Bid Form, Designation of Subcontractors, Agreement, Bidder's Bond, Performance Bond, Labor and Material Payment Bond, Progress Schedule, General Conditions, Equal Employment Opportunity Conditions if applicable, Technical Provisions, Plans, Specifications, and such provisions of the Standard Specifications of the State of California, Department of Transportation, dated 2010, except as specifically noted in the Technical Specifications, are hereby incorporated by reference.

Contractors. The person, firm, partnership, or corporation to whom this Contract is awarded by Owner and who is subject to the terms thereof.

Director of Parks and Public Works. The Director of Parks and Public Works of the Town of Los Gatos and the representative of the Director of Parks and Public Works, duly authorized and appointed by the Director of Parks and Public Works.

Engineer. The Town Engineer of the Town of Los Gatos, or the representative of the Town Engineer duly authorized and appointed by the Town Engineer. In the event Owner has hired any person or corporation as an independent Contractor to act in lieu of the Town Engineer, the term "Engineer" shall be deemed to include such person or corporation.

Governing Body of the Owner. The Town Council of the Town of Los Gatos.

Inspector. The Inspector employed by Owner to perform inspection during construction of the work, under the direction of the Director of Parks and Public Works.

Owner. The Town of Los Gatos, a municipal corporation in the State of California.

Plans. The Official Plans, working drawings or exact reproductions thereof, approved by the Governing Body of the Owner which show the location, character, dimensions and details of the work on the Project and the work to be done. The Plans are to be considered as a part of the Contract Documents, complementary to the Specifications.

Project. The entire public improvement proposed by Owner to be constructed in whole or in part, pursuant to this Contract.

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Revocable. Items noted as “Revocable” in the Proposal may be deleted entirely or in part at the sole discretion of the Town. The provision of Section 9-1.06, “Changed Quantity Payment Adjustments,” shall not apply to entire or partial deletion of Revocable items.

Specifications. The directions, provisions, and requirements contained herein, or contained in any Specifications referred to herein, pertaining to the method and manner of performing the work on the Project, or to the quantities, or the quality of materials to be furnished under the Contract.

Standard Specifications. The Standard Specifications of the State of California, Department of Transportation, dated 2010, except as specifically noted in the Technical Specifications.

Subcontractor. A person, firm, partnership, or corporation having a direct contract with Contractor and not with Owner, for the performing of work or labor or the rendering of service to Contractor for the work.

Surety. Any persons, firm, partnership, or corporation that executes as Surety on Contractor's Performance Bond or Contractor's Labor and Material Bond or Bidder's Bond.

Work. Work to be performed on the Project under this Contract, including work normally done at the site of the Project plus labor and materials.

1.1.02 SPECIFICATIONS
Wherever in these Specifications the term "Standard Specifications" is used, it shall mean the State of California, Department of Transportation, Standard Specifications, dated 2010, except as specifically noted in the Technical Specifications. In case of conflict between the Standard Specifications and these Specifications, these Specifications shall take precedence over and be used in lieu of such conflicting portions.

Any item not covered in these Specifications shall be performed in accordance with the appropriate section of the Standard Specifications. Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following:

Department of Public Works. The Town of Los Gatos, Department of Parks and Public Works.

Director of Parks and Public Works. The Town of Los Gatos, Director of Parks and Public Works.

Engineer. The Engineer is defined as acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

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Laboratory. The designated laboratory authorized by the Town of Los Gatos to test materials and work involved in the Contract.

State. The Town of Los Gatos.
1-1.03 GENERAL
All work shall be done in conformance with the applicable provisions of the Standard Specifications except as modified herein. Payment for work, equipment and materials not specifically covered herein shall be included in the payment for related items of work. No additional payment will be made for work, equipment or materials not covered in these plans and specifications, but necessary to ensure a completed project as specified. Any plan or method of work suggested by the Owner or the Engineer to Contractor but not specified or required, if adopted or followed by Contractor in whole or in part, shall be used at the risk and responsibility of Contractor; and the Owner and the Engineer shall assume no responsibility therefor and in no way be held liable for any defects in the work which may result from or be caused by use of such plans or method of work.
1-1.04 STATEMENT OF WORK
Furnish all labor, equipment and materials and perform all work called for in the Contract Documents and as necessary to furnish to the Town a complete project ready for use. 1-1.05 DRAWINGS
Drawings are also referred to as the Plans. One set of the Contract Plans and Specifications will be furnished without charge to the Contractor to whom the contract for the work is awarded. The Plans and Specifications are available at the Parks and Public Works, Engineering Division, 41 Miles Avenue, Los Gatos, California.
1-1.06 BUSINESS LICENSE
All Contractors, whether they be general Contractors or subcontractors, who transact or carry on business in the Town of Los Gatos, shall acquire a Business License in conformance with Chapter 14 of the Los Gatos Town Code.
1-1.07 MINORITY AND WOMEN BUSINESS ENTERPRISES
It is the policy of the Town of Los Gatos to encourage the participation of Minority and Women Business Enterprises in the bidding process for all Town contracts. Any reference using the word "his" is to be construed as meaning "his, hers, or its". 1-1.08 PROOF OF COMPETENCY OF BIDDER
Any bidder may be required to furnish evidence satisfactory to Owner that he/she and his/her

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proposed subcontractors have sufficient means and experience in the type of work called for to insure completion of the contract in a satisfactory manner. 1-1.09 SPECIAL NOTICE
Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be or is now performed, and, so far as possible, the successful bidder must employ such methods and means in carrying out his/her work as will not cause any interruption or interference with any other Contractor.

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SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 2, “Bidding,” of the Standard Specifications, all of which are applicable to this Contract. 2-1.02 LICENSES
The Contractor shall possess a valid class “A” or “B” California Contractor’s License. Failure to possess the specified license shall render the bid as non-responsive and shall act as a bar to award the Contract to any bidder not possessing said license at the time of bid and forfeiture of the bid will result. All contractors and subcontractors shall have and maintain a current and valid contractor license of the required classification from the State of California throughout the course of this project. In addition, all contractors and subcontractors working in the Town of Los Gatos must have a valid Town of Los Gatos Business License. 2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE WORK Before submitting a bid, each bidder shall carefully read and review the Plans, Specifications, and all other Contract Documents. The bidder shall visit the site of the Project and shall fully inform himself/herself as to all existing conditions and limitations under which the work is to be performed, and he/she shall include in his/her bid a sum to cover the cost of all items necessary to perform the work as set forth in the Contract Documents. No allowance of any kind whatsoever will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be conclusive evidence that the bidder has made such an examination.

If any person contemplating submitting a bid for the construction of the Project is in doubt as to the true meaning of any part of the Plans, Specifications, or other Contract Documents, or finds discrepancies in, or omissions from the Plans or Specifications, he/she may submit to the Owner a written request for an interpretation or correction thereof not later than five (5) working days before the date bids will be opened. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will be made only by addendum and will be mailed or delivered to each person receiving a set of such documents.

The Owner will not be responsible for any other explanation or interpretation of the Contract Documents.
2-1.04 CONTENTS OF BID
In order to receive consideration, all bids shall be made in accordance with the following instructions:

Bids shall be made upon the form provided therefor, properly executed and with all items filled out; the signature of all persons signing shall be in longhand.

Blank spaces in the bid must be properly filled in, and the phraseology thereof must not be changed. Additions must not be made to the items mentioned therein. Any unauthorized conditions, limitations or provisions attached to a proposal may cause

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its rejection. Alterations by erasures or interlineation must be explained or noted in the bid over the signature of the bidder.

Late bids will not be accepted.

Due to COVID-19, only electronic bids will be received on the Town of Los Gatos plan room at www.losgatosplanroom.com on or before the day and hour set for the opening of bids. It is the sole responsibility of the bidder to see that the bid is received in proper time. After the bid opening, original bid bonds from the lowest three responsible bidders must be submitted to the Town of Los Gatos, Parks and Public Works Director at 41 Miles Avenue, Los Gatos, CA 95030 and be postmarked within three days of the bid opening date.
2-1.05 WITHDRAWAL OF BID
Any bidder may withdraw his/her bid, either personally or by a written request, at any time prior to the scheduled time for opening of bids.
2-1.06 WITHDRAWAL OF BIDS AFTER OPENING
No bidder may withdraw his/her bid for a period of 60 calendar days after the date set for the opening thereof, and the same shall be subject to acceptance by the Owner during this period. 2-1.07 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm or corporation shall be allowed to make or file or be interested in more than one bid for the same work, unless alternate bids are called for. A person, firm or corporation submitting a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. 2-1.08 SUBMISSION OF BIDS; AGREEMENT TO ASSIGN
In accordance with Government Code §4552, the bidder shall conform to the following requirements. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, he/she/it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchase of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 2-1.09 LIST OF SUBCONTRACTORS
Bidders must submit a list of their proposed subcontractors in compliance with §§4100-4113 of the Public Contract Code of the State of California. Forms for this designation are furnished in the Bid Documents, Part I.

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2-1.10 INSURANCE
At or prior to the delivery of the signed Agreement, the Contractor shall deliver to the Owner the policies of insurance or insurance certificates as are required by the Plans and Specifications. All policies or certificates of insurance shall be approved by the Director of Parks and Public Works before the successful bidder may proceed with the work. Failure or refusal to furnish insurance policies or certificates in the form satisfactory to the Director of Parks and Public Works shall subject the bidder to penalties for delay in commencement of the Work. 2-1.11 BIDDER'S BOND
Each bid shall be accompanied by cash, a certified or cashier's check, or a bidder's bond in the sum of not less than 10% of the total aggregate of the bid, and said checks or bond shall be made payable to the order of the Town of Los Gatos (herein after referred to as "Owner"). Cash and certified or cashier’s checks shall not be accepted unless accompanied by a waiver of all interest on the amount paid to the Town. In case the successful bidder fails to file satisfactory bonds or provide the insurance required by the Contract Documents, or refuses to enter into a contract within the specified time, he/she shall be liable for any difference by which the cost of procuring the work exceeds the amount of his/her bid and the bond or the amount of cash or check shall be available to offset such difference. If the bid is not accepted by the Owner within 60 calendar days after the date set for the opening of bids, or if the bidder to whom the contract is awarded executes and delivers to Owner the required Contract Documents and insurance, the cash or the amount of the certified or cashier's check without interest shall be returned to the bidder. 2-1.12 GUARANTEE OF MATERIALS AND EQUIPMENT
All materials and equipment furnished, and the work performed under these Specifications and/or drawings, shall be guaranteed in writing for a period of two years from the date of final acceptance against defective material, design and workmanship. In addition, the Contractor shall guarantee in writing that the system as a whole shall be free of defects for a period of one year from the date of final acceptance, the system shall operate perfectly, and all apparatus shall perform in accordance with their individual Specifications.

The Contractor shall allow 10% of the faithful performance bond to remain in effect for a period of one year following Town Council project acceptance as guarantee for any needed repair or replacement caused by defective materials and workmanship. 2-1.13 PROPOSAL GUARANTY
The Bidder's Bond shall conform to the bond form included in the Proposal for the project and shall be properly filled out and submitted with the Proposal. 2-1.14 PRE-BID SITE INSPECTION
Prospective bidders shall carefully examine the jobsite. The submission of the bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be

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encountered, as to character, quality, and scope of work to be performed, the quantity of materials to be furnished, and as to the requirements of the proposals, plans, specifications, and the contract. All questions relative to this project must be submitted in writing and received a minimum of five (5) working days prior to the bid opening date and shall be directed to:

Town of Los Gatos, Parks and Public Works Department
41 Miles Avenue, Los Gatos, CA 95030
Attention: Dan Keller, Facilities and Environmental Services Manager Telephone: (408) 395-5310
E-mail: [email protected]

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SECTION 3 AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 3, “Contract Award and Execution,” of the Standard Specifications, all of which are applicable to this Contract. 3-1.02 AWARD OR REJECTION OF BIDS
The Contract, if awarded, will be awarded to the lowest responsible bidder subject to Owner's right to reject any or all bids and to waive any informality in the bids or the bidding. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed.

All bids will be compared on the basis of the Bid Form of quantities of work to be done.

The determination of the low bid will be based on the total base bid items of work. The contract will be awarded to the lowest responsible bidder meeting the contract requirements.

Bid protests are to be delivered to the following:

Town of Los Gatos, Parks and Public Works Department
41 Miles Avenue, Los Gatos, CA 95030
Attention: Nicolle Burnham, Parks
Telephone: (408) 399-5773
Fax: (408) 354-8529
The contract shall be executed by the successful bidder and shall be returned together with the contract bonds, to the Town so that it is received within ten (10) days, not including Saturdays, Sundays and legal holidays, after the bidder has received the Notice of Award. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address: Town of Los Gatos, Department of Parks and Public Works, 41 Miles Avenue, Los Gatos, CA 95030.
3-1.03 REJECTION OF PROPOSALS
The Town, at its sole discretion, may reject all bids. Additionally, individual proposals may be rejected if (among other things) they any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind, or a disproportionate amount of payment being made on any item of work during any phase of the project, or fail to provide a price on al bid items, including all alternates or proposals submitted which are in strict compliance with the directions in the Notice to Contractors. The Town may, in its sole discretion, waive any informalities or minor irregularities in the bid or proposal.

Proposals not submitted in strict compliance with the directions in the Notice to Contractors may, in Town’s sole discretion, be deemed non-responsive and rejected on that basis.

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When proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf or a member of a co-partnership, a “Power of Attorney” must be on file with the Town Clerk prior to opening bids or shall be submitted with the proposal; otherwise, the proposal may be rejected at the Town’s sole discretion as irregular and unauthorized.

Proof of authority of the person or persons signing on behalf of the bidder shall be provided to the Town upon request after the bid opening.
3-1.04 SUBSTITUTION OF SUBCONTRACTORS
No Contractor whose bid is accepted shall:

Substitute any person as subcontractor in place of the subcontractor listed in the original bid, except where the Town, or its duly authorized officer, may, except as otherwise provided, have consented to the substitution in any of the following situations:

1. When the subcontractor listed in the bid after having had a reasonable opportunity to do so fails or refuses to execute a written contract, when that written contract, based upon general terms, conditions, plans and specifications for the project involved or the terms of that subcontractor’s written bid, is present to the subcontractor by the Contractor.

2. When the listed subcontractor becomes bankrupt or insolvent.

3. When the listed subcontractor fails or refuses to perform its subcontract.

4. When the listed subcontractor fails or refuses to meet the bond requirements of the Contractor.

5. When the Contractor demonstrates to the Town that the name of the subcontractor was listed as the result of an inadvertent clerical error.

6. When the listed subcontractor is not licensed at the time of bid pursuant to the Contractor License Law on non-federally funded projects or at the time of award on federally funded projects.

7. When the Town determined that the work performed by the listed subcontractor is substantially unsatisfactory and not in substantial accordance with the plans and specifications, or that the subcontractor is substantially delaying or disruption the progress of the work.

Prior to the approval of the Contractor’s request for a substitution of subcontractor, the Town shall give notice in writing to the listed subcontractor of the Contractor’s request to substitute and of the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been notified shall have 5 working days within which to submit written objections to the substitution to the Town. Failure to file these written objections shall constitute the listed subcontractor’s consent to the substitution.

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If a written objection is filed, the Town shall give notice in writing of at least 5 working days to the listed subcontractor of a hearing by the Town on the Contractor’s request for substitution.

Permit any subcontractor to be voluntarily assigned or transferred or allow it to be performed by anyone other than the subcontractor listed in the original bid, without consent of the Town.

Other than in the performance of change orders causing changes or deviations from the original contract, sublet or subcontract any portion of the work in excess of ½ of one percent of the prime contractor’s total bid as to which the Contractor’s original bid did not designate a subcontractor.
3-1.05 PERFORMANCE BOND AND LABOR AND MATERIALS BOND
At or prior to the delivery of the signed Agreement, the Contractor shall deliver to the Owner the Performance Bond and Labor and Material Payment Bond as are required per these Specifications. All bonds shall be on forms provided by Owner, and each shall be in an amount equal to 100% of the contract price. All bonds shall be approved by the Director of Parks and Public Works before the successful bidder may proceed with the Work. Failure or refusal to furnish bonds in the form satisfactory to the Director of Parks and Public Works shall subject the bidder to penalties for delay in commencement of the Work or revocation of the Award of Contract.

Pursuant to California Public Contract Code §22300, the Contractor will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the Town to ensure performance under the contract. Said securities will be deposited either with the Town or with the state or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in California Government Code §16430 or bank or savings and loan certificate of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other mutually agreed to by Contractor and the Owner. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. 3-1.06 WORKER’S COMPENSATION
Attention is directed to Standard Specifications Section 7-1.06C, “Workers’ Compensation and Employer's Liability Insurance,” and the following:

Before commencing work in the Town of Los Gatos, the Contractor must provide the Town with a copy of one of the following:

1. Certificate of Workers’ Compensation Insurance; or

2. Certificate of consent to self-insure issued by the Director of Industrial Relations; or

3. Certificate of exemption from the Workers’ Compensation Laws. 3-1.07 INSURANCE REQUIREMENTS

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Attention is directed to Section 7-1.09, “Insurance.” The Contractor agrees that they will assume sole and complete responsibility for job site conditions during the course of the work, including safety of all persons and property; that this requirement shall apply continuously and not be limited to normal working hours.

In addition to any other indemnity obligation incorporated herein, the Contractor shall indemnify, defend and hold harmless Town, its agents, officers, attorneys. Employees, officials and volunteers, to the fullest extent permitted by law from any and all claims, causes of action, injuries, losses, liabilities, cost (including reasonable defense costs and attorneys’ fees) or damages arising out of or related to, or alleged to arise out of or relate to the performance of this contract or any acts or omissions of Contractor, its agents, officers, employees, or anyone rendering services on their behalf, except for any claims, causes of action, injuries, losses, liabilities or damages proximately caused by the active negligence, sole negligence or willful misconduct of Town.

Notwithstanding any other indemnity provisions imposed under this contract, with respect to any design professional services provided by the Contractor, the Contractor agrees to indemnify, defend and hold harmless the Town, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, caused by, pertaining or relating to, or arising out of, or alleged to have been caused by or arise out of , pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of Town. The Town shall not be liable for acts of the Contractor in performing services described herein.

The foregoing indemnity provisions are intended to fully allocate all risk of liability to thirdparties. No other rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in this section shall survive the termination of this Agreement. 3-1.08 EXECUTION OF AGREEMENT
The form of agreement which the successful bidder, as Contractor, will be required to execute is included in the Contract Documents and must be carefully examined by each bidder. The bidder to whom the Contract is awarded by Owner shall, within 10 calendar days after Notice of Award, execute and deliver to Owner one original and one counterpart of the Agreement. 3-1.09 NOTIFICATION BY CONTRACTOR
The Contractor shall notify the Director of Parks and Public Works and the project inspector at least 24 hours prior to commencing work and shall comply with any Notifications or approvals mentioned in the Specifications, Part III.

The Contractor shall notify residents and business owners adjacent to the Work, as noted in the Special Provisions of these Specifications.

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Immediately after the award of Contract by the Town of Los Gatos and where applicable and required by the Plans and Specifications, the Contractor shall notify the following agencies:
• AT&T Broadband
1900 S. Tenth Street, San Jose, CA 95112
Telephone: (408) 918-3200
• Pacific Gas and Electric Co.
10900 N. Blaney Avenue, Cupertino, CA 95014
Telephone: (408) 725-2011; Fax: (408) 725-2034
• Frontier Communications
15 Montebello Way, Los Gatos, CA 95030
Telephone: (408) 354-6372; Fax: (408) 354-6377
• San Jose Water Company
1221 S. Bascom Ave., San Jose, CA 95128
Telephone: (408) 279-7866; Fax: (408) 292-7868
• Santa Clara Valley Water District
5750 Almaden Expressway, San Jose, CA 95118
Telephone: (408) 395-8121 ext. 2132; Fax: (408) 395-3627 • U.S.A. Cable Locator (Notify two weeks prior)
Telephone: 1 (800) 227-2600
• Verizon
15900 Los Gatos Boulevard, Los Gatos, CA 95030
Telephone: (408) 358-6757; Fax: (408) 356-8756
• West Valley Sanitation District
100 E. Sunnyoaks Avenue, Campbell, CA 95005
Telephone: (408) 378-2407; Fax: (408) 364-1821

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SECTION 4 SCOPE OF WORK, TIME OF COMPLETION, AND LIQUIDATED

DAMAGES
4-1.01 GENERAL
A. The bidder's attention is directed to the provisions of Section 4, “Scope of Work,” of the Standard Specifications, all of which are applicable to this Contract.

B. Attention is directed to the provisions in Section 8-1.04, “Start of Job Site Activities,” Section 8-1.05, “Time,” and Section 8-1.10, “Liquidated Damages,” of the Standard Specifications.
4-1.02 TIME OF COMPLETION
The Contractor shall begin work as stipulated in the Notice to Proceed.

The Contractor shall diligently prosecute the work to completion before the expiration of Ninety (90) working days after the date of the first working day. The time of completion shall include all allowances for mobilization and total completion of all work including final punch list work and final clean up.
4-1.03 LIQUIDATED DAMAGES
Time is of the essence for completion of this project. The Contractor shall pay to the Town of Los Gatos the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day's delay in the finishing of the work in excess of working days prescribed above. Liquidated damages shall also be assessed for non-compliance with the requirements stated in "Hours of Work" under Section 10-1, “General Construction Requirements,” of the Technical Specifications.

If the Work is not completed by Contractor in the time specified herein, or within any period of extension as above authorized, it is understood that the Owner will suffer damage; and it being impracticable and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the Owner, as fixed and liquidated damages, and not as a penalty, the sum as stated in the Contract, and the Contractor and the Contractor's Surety shall be liable for the amount thereof; provided, however, that the Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (including, but not restricted to, Acts of God or of the public enemy, acts of the Government, acts of the Owner, fires, floods, epidemics, quarantine restrictions, strikes and freight embargoes).

The Contractor shall, within 10 calendar days from the beginning of any such delay, notify the Owner in writing of the cause of the delay and the amount of time extension requested, if any; whereupon the Owner shall ascertain the facts and the extent of the delay and extend the time for completing the Work when, in its judgment and for the amount of time if any, the findings of fact justify such an extension. The Director of Parks and Public Works' determination shall be final and binding on the parties hereto.

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4-1.04 LOCATION OF WORK
The Town reserves the right to add or delete from quantities of work during the project and to add or delete locations. Location of work for this project are set out in the Plans and Specifications and incorporated herein.

Refer to Appendix A for the location of work.
4-1.05 CHANGES TO THE WORK
The bidder's attention is directed to the provisions of Section 4, “Scope of Work,” of the Standard Specifications and the following modifications, all of which are applicable to this Contract:

Owner, without invalidating the Contract, may order additions to or deductions from the Work, the Contract Sum being adjusted accordingly. Any claim for extension of time cause thereby shall be adjusted at the time of ordering such change. See Section 9 of these Specifications regarding measurement and payment for increased or decreased quantities.

Any alteration or alterations made in the Plans and Specifications which are a part of this Contract, or any provision of this Contract shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Civil Code §2819.

In giving instructions, the Engineer shall have authority to issue written change orders not inconsistent with the purpose of the Work. All change orders require issuance of a purchase order. Except in an emergency endangering life and property, no extra work or change shall be made unless in pursuance of such written order, and no claim for an addition to the Contract Sum shall be valid unless the additional work was so ordered.

Any change order that is in excess of the original Contract amount, plus any contingency, must be approved in the same manner as the original Contract.

Any change order exceeding the amount of the approved budget is invalid unless and until a budget adjustment has been approved by the Town Council.

Unit prices in any change order shall be the same as those unit prices in the original Contract.
4-1.06 CHANGED CONDITIONS
Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are

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encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim.

2. Upon written notification, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the contract is warranted.

3. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

4. No Contract adjustment will be allowed under this clause for any effects caused on unchanged work.

Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the Engineer will evaluate the contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Contractor will be notified of the engineer's determination whether or not an adjustment of the Contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

Significant Changes in the Character of Work

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1. The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the Engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 4-1.07 NOTIFICATION OF CHANGE IN CONDITION
Pursuant to Public Contracts Code §7104, when trenches or other excavations must be dug pursuant to this Contract that extend deeper than 4 feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the Owner in writing of any:

A. Material that the Contractor believes may be material that is hazardous waste, as defined in Health & Safety Code §25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; or, B. Subsurface or latent physical conditions at the site differing from those indicated; or, C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the Contract.

The Owner will promptly investigate the conditions identified by the Contractor, and if the Owner finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Owner's cost of, or the time required for, performance of any part of the work will issue a change order under the procedures described in the Contract Documents.

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In the event a dispute arises between the Owner and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract Documents, but shall proceed with all work to be performed under the Contract Documents. The Contractor shall retain any and all rights provided either by the Contract Documents or by law which pertain to the resolution of disputes and protects between the contracting parties.

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SECTION 5 CONTROL OF WORK
5-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 5, “Control of Work,” of the Standard Specifications, all of which are applicable to this Contract.

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SECTION 6 CONTROL OF MATERIALS
6-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 6, “Control of Materials,” of the Standard Specifications, all of which are applicable to this Contract. 6-1.02 TOWN FURNISHED MATERIALS
Temporary “No Parking” signs shall be provided by the Town for the Contractor’s use in public right-of-way.
6-1.03 SUBMITTALS
The Contractor shall submit to the Engineer the following at least three (3) working days before the pre-construction conference:

1. Construction Schedule

2. Traffic Control/Logistics/Site Protection Plan

3. Materials/Product Submittals

4. Storm Water Pollution Prevention Plan (SWPPP) (if applicable) All submittals listed above must be received and processed by the Engineer prior to the issuance of the Notice to Proceed. Any exceptions or rejected submittals will be remedied and resubmitted for the Engineer’s review prior to the issuance of the Notice to Proceed. Payment shall be deemed included in the various other items of work and no additional compensation shall be allowed therefore.
6-1.04 MATERIALS/PRODUCTS SUBMITTALS
Action Submittals
A. Prepare and submit Action Submittals required by individual Documents of the Project Manual.

B. Product Data

1. Collect information into a single Complete Submittal for each Definable Feature of Work and type of product or equipment.

2. If information must be specially prepared for Submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data.

3. Mark each copy of each Submittal to show which Products and options are applicable.

4. Include the following information, as applicable:
a. Manufacturer's written recommendations.
b. Manufacturer's product specifications.
c. Manufacturer's installation instructions.
d. Standard color charts.
e. Manufacturer's catalog cuts.

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f. Diagrams showing factory-installed wiring, controls and piping diagrams. g. Printed performance curves, performance characteristics and capacities. h. Operational range diagrams.
i. Mill reports.
j. Standard product operating and maintenance manuals.
k. Compliance with recognized trade association standards. l. Compliance with recognized testing agency standards. m. Application of testing agency labels and seals.
n. Notation of coordination requirements.
o. Show wiring, piping diagrams, controls.

C. Shop Drawings

1. Preparation: Include the following information, as applicable:
a. Dimensions.
b. Identification of Products.
c. Fabrication and installation drawings.
d. Roughing-in and setting diagrams.
e. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring.
f. Shopwork manufacturing instructions.
g. Templates and patterns.
h. Schedules.
i. Design calculations.
j. Compliance with specified standards.
k. Notation of coordination requirements.
l. Notation of dimensions established by field measurement. m. Identify details by reference to Drawing and detail, schedule, or room numbers shown and specified.

2. Wiring Diagrams: Differentiate between manufacturer-installed and field-installed wiring.

3. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2” x 11” (215 by 280 mm) but no larger than 36” x 48” (914 mm x 1219 mm).

4. Contractor must review and coordinate all Subcontractors’ Shop Drawings before submission to Owner. If required or needed, Contractor must prepare and submit Coordination Drawings.

5. Submittals must be complete for each item of Work and must not be submitted piecemeal.

6. Present Shop Drawings in a clear and thorough manner. Identify details by reference to sheet and detail, schedule, and room numbers shown on Drawings.

D. Samples

1. Each Sample must clearly note the manufacturer, trade name, product, lot style, color, model, etc., locations of use, and Contract Document reference.

E. Coordination Drawings (See also Document 01 33 50, “Coordination Drawings”)

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1. Contractor must prepare and submit drawings to demonstrate the coordination of methods, materials, equipment, plans, or sequence the Contractor proposes to use when:
a. Coordination Drawings are specifically required by other Documents of the Project Manual
b. Limited space is available for installation of different components c. Coordination is required for installation of Products and materials Fabricated by separate entities
d. The relationship of components is shown on separate Shop Drawings or Submittals.

2. Coordination Drawings must be submitted in the format required for Shop Drawings.

Informational Submittals
A. Prepare and submit Informational Submittals required by other Documents of the Project Manual.

1. Number of Copies
a. Number of copies to be submitted to be determined.
b. Owner will not return copies.

B. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with the requirements of the Contract Documents. An officer or other individual authorized to sign documents on behalf of that entity must sign certificates and certifications.

C. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with the requirements of the Contract Documents.

D. Preconstruction Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements.

E. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with the requirements of the Contract Documents.

F. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of Products and equipment.

1. Comply with requirements in Document 01 77 00, “Closeout Procedures.”

2. Comply with the requirements of Document 01 78 20, "Operation and Maintenance Data"

3. Comply with the requirements of the Technical Specifications.

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G. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment.

1. Include name of product and name, address, and telephone number of the manufacturer.

2. Include the following, as applicable:
a. Preparation of substrates.
b. Required substrate tolerances.
c. Sequence of installation or erection.
d. Required installation tolerances.
e. Required adjustments.
f. Recommendations for cleaning and protection.

H. Manufacturer's Field Reports: Prepare written information documenting factoryauthorized service representative's tests and inspections. Include the following, as applicable:

1. Name, address, and telephone number of factory-authorized service representative making report.

2. Statement on condition of substrates and their acceptability for installation of product.

3. Statement that Products at Project Site comply with the requirements of the Contract Documents.

4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken.

5. Results of operational and other tests and a statement of whether observed performance complies with requirements.

6. Statement whether conditions, Products, and installation will affect Warranty/Guarantee.

7. Other required items indicated in individual Documents of the Contract Documents.

Deviations
A. Specifically identify each proposed deviation from the requirements of the Contract Documents.

1. Only making notations on the Submittal is not sufficient to satisfy this requirement.

2. Each proposed deviation must be clearly highlighted, encircled, noted, or otherwise clearly identified on the Submittal and individually explained in writing in the transmittal accompanying the Submittal.

3. Making notations on the Submittal without the attached written explanation will not relieve the Contractor of responsibility for deviation from the requirements of the Contract Documents.

4. Unless specific deviations have been noted in writing by the Contractor and specifically accepted in writing by the Owner or Designer of Record, no deviations from the requirements of the Contract Documents are permitted.

B. If a Submittal contains no proposed deviation(s) from the requirements of the Contract Documents, the Contractor must indicate on the transmittal accompanying the Submittal

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that the Submittal contains “No Deviations” from the requirements of the Contract Documents.

Identification
A. Place a permanent label, or title block on each Submittal for identification.

1. The label or title block must include:
a. Project name and number
b. Date
c. Name of Contractor
d. Unique Submittal identifier, including revision number e. As appropriate:
(1) Name of Subcontractor
(2) Name of Supplier
(3) Name of Manufacturer
(4) Name of Fabricator
f. Number and title of appropriate Document of the Project Manual g. Drawing number and detail references, as appropriate h. Name of firm or entity that prepared each Submittal.

B. Contractor must provide a space approximately 3” x 3” on label or beside title block of each page of each Submittal to record review markings and action taken by Owner or Designer of Record.

C. Contractor must number all Submittals serially and continue in sequence. Resubmittals must have suffix letter A, B, C, etc. following the original Submittal number.

Certification
After Contractor’s review of each Submittal for compliance with the requirements of the Contract Documents:

1. Mark with certification stamp before submitting to Owner or Designer of Record.

2. Include Project name, Specification Document, Contractor’s signature, and date of certification.

3. The Contractor’s Authorized Representative must wet sign and date the certification.

Owner Or Designer Of Record’s Action
A. General

1. Owner will not review Submittals that do not bear the Contractor’s certification stamp and will return them “Returned Without Action.”
B. Action Submittals: Owner or Designer of Record will review each Submittal, make marks to indicate corrections or modifications required, and return it.

Owner or Designer of Record will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows:
a. Final Unrestricted Release: When “No Exceptions Taken” is indicated, Contractor may proceed with Fabrication, Manufacture, or construction,

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providing such Work complies with the requirements of the Contract Documents. Final acceptance will depend on that compliance. b. Final-but-Restricted-Release: When “Make Corrections Noted” is indicated, Contractor may proceed with Fabrication, Manufacture, or construction, providing such Work complies with the requirements of the Contract Documents and the corrections noted. Final acceptance will depend on that compliance.
c. When stamped “No Exceptions Taken” or “Make Corrections Noted” the Submittal is considered “acceptable.”
d. Returned for Resubmittal: Where the Submittal is marked “Revise and Resubmit,” do not proceed with the Work covered by the Submittal, including purchasing, Fabrication, delivery, or other activity for the product Submitted.

Revise or prepare a new submittal according to the Owner’s or Designer of Record’s notations and corrections.
e. Rejected: Where the submittal is marked “Rejected,” do not proceed with the Work covered by the submittal, including purchasing, Fabrication, delivery, or other activity for the product Submitted. Prepare a new Submittal for a product that complies with the requirements of the Contract Documents. f. Incomplete: Where the submittal is marked “Submit Additional Information,” do not proceed with the Work covered by the Submittal. Prepare additional information requested, or required by the Contract Documents, that indicates compliance.
g. Returned Without Action: Where the submittal is marked “Returned Without Action,” it was not reviewed and Contractor must not proceed with the Work covered by the Submittal. Prepare a new Submittal that complies with the requirements of the Contract Documents.

C. Resubmittals: Contractor must make all required corrections and submit corrected resubmittals until achieving final acceptance.

D. Information Submittals: Information Submittals, on which Owner is not required to take action, will not be returned to the Contractor.

E. Submittals received from sources other than through Contractor’s office will be “Returned Without Action” or may be discarded.
6-1.05 RECORD DRAWINGS
A. As-Builts Drawings

1. Contractor must maintain at the Project Site at least one set of As-Built Drawings indicating the actual configuration of the Project as it is constructed.

2. The Contractor must maintain the As-Built Drawings in good and current condition and post all changes and clarifications to the As-Built Documents on a daily basis.

3. Contractor must handle the As-Built Drawings with great care, must not use the As-Built Drawings for any other purpose, and must keep them clean and readable.

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4. The As-Built Drawings must provide sufficient detail to make it possible to correctly and easily locate, identify, and establish sizes and routing of all piping and the like, as well as other features of concealed Work.

5. The As-Built Drawings must indicate, by appropriate notations in the As-Built Drawings, all modifications or changes made to the Drawings by Addenda, Change Order, RFI, or Field Modification.

6. If Work is installed differently from, or in a location other than that shown on the Drawings, or if Contractor finds existing conditions to be different than indicated on the Drawings, Contractor must accurately note such variations on the As-Builts Drawings in red pencil on a daily basis as the Work progresses.

7. Label each page of the field set of the As-Built Drawings, "As Built Record Drawings" in neat large printed letters in the lower right-hand corner.

8. Contractor must post to the As-Built Drawings on a daily basis all:
a. Addenda
b. Changer Orders
c. Field Modifications
d. Requests for Information
e. Approved Product Substitutions
f. All other details and dimensions not on the Bid Documents B. As-Built Project Manual

1. Contractor must post to the As-Built Project Manual on a daily basis:
a. All modifications or changes made to the Project Manual by:
i. Addenda
ii. Change Order
iii. Field Modification
iv. Request for Information (RFI)
v. Approved Product Substitutions
vi. All other information not in the Bid Documents
b. The Products selected and used in the Work of the Project For each Product actually Provided and/or Installed, legibly mark each Document of the Project Manual to record:
i. Manufacturer
ii. Trade name
iii. Catalog number
iv. Supplier
C. Concealed Work

1. The As-Built Documents must indicate the locations of underground Work and Work concealed inside any construction.

2. Do not conceal any Work until required information is recorded in the As-Built Documents.

3. The specific location of all turns, centerline, invert elevations and rates of fall in underground and concealed Work must be indicated.

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4. Dimensions to column lines, walls or other prominent features must be used for proper reference.

5. Legibly mark to record actual construction:
a. Depths of various elements of foundation in relation to finish first floor datum.
b. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. i. Give sufficient horizontal and vertical dimensions to accurately trace route and invert of each concealed line or item.
ii. Accurately locate each capped, plugged or stubbed line. c. Location of internal utilities and appurtenances concealed in the Work, referenced to visible and accessible features of the structure. i. Give sufficient horizontal and vertical dimensions to accurately trace route and invert of each concealed line or item.
ii. Accurately locate each capped, plugged or stubbed line.

D. Maintenance Of Documents And Samples

1. Store As-Built Documents in Contractor's field office apart from documents used for construction.

2. Provide files and racks for storage of As-Built Documents.

3. File Record Set documents in accordance with CSI format.

4. Maintain all documents in a clean, dry, legible condition and in good order.

5. Do not use As-Built Documents for construction purposes.

6. Make As-Built and Record Set documents available at all times for inspection by Owner’s Project Manager.

E. Record Set

1. Contractor must maintain at the Project Site at least one (1) copy of the Record Set including but not limited to:
a. Project Manual (Bid Documents)
b. Drawings (Bid Documents)
c. Addenda
d. Change Orders
e. Field Modifications
f. Requests for Information (RFI)
g. Submittals
h. Product Data
i. Samples
j. Shop Drawings
k. Test and inspection records
l. Coordination Drawings
m. Approvals from Government Agencies and regulatory authorities n. All Correspondence

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2. Record Product Data:
a. Maintain one copy of each Owner accepted Product Data Submittal at the Project Site.
b. Mark-up changes in actual Work in comparison with submitted information. i. Include both variations in product as delivered to Project Site and variations from manufacturer's instructions and recommendations for installation.
ii. Give particular attention to concealed products and portions of the Work which cannot otherwise be readily discerned at a later date by direct observation.

3. Note Related Change Orders, if any.

F. Progress Payments

1. The Inspector shall review the As-Built Documents prior to and as a condition of approving each progress payment.

G. Closeout and Acceptance Of The Work

1. Contractor must transfer all entries from the As-Built Documents that were maintained at the Project Site to a complete set of Record Documents consisting of reproducible copies of the As-Built Drawings and hard copies of the As-Built Project Manual.

2. Contractor must mark the drawings "As-Built Record Drawings" and mark the As-Built Project Manual "As-Built Record Project Manual."

3. Contractor must sign each drawing in the final set of As-Built Drawings and sign the cover of the final As-Built Project Manual.

4. The Work shall not be recommended for Acceptance until Owner’s Project Manager receives satisfactory Record Documents from Contractor.

H. Submittals

1.Submit one (1) paper copy and electronic copies of all Record Documents (As-Builts)

2.Accompany submittal with a transmittal letter, in duplicate, containing:
a. Date
b. Project title and number
c. Contractor's name and address
d. Title and number of each Record Document (As-Built)
e. Signature of QC Manager or Contractor’s Authorized Representative.

3.Samples
a. Within fourteen (14) Days of Contractors of the certification of completion and request for Final Inspection, Owner’s Project Manager will meet with Contractor at Project Site to determine which, if any, of submitted samples

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maintained by Contractor during progress of the Work shall be transmitted to Owner for record purposes.
b. Comply with Owner's instructions for packaging, identification marking, and delivery to Owner's sample storage space.

4.Submit evidence of compliance with the requirements of Governing Agencies and regulatory authorities:
a. Certificates of Inspection:
i. Building Inspector
ii. Fire Marshal
b. Other Certificates:
i. Occupancy Certificate from local building department ii. SWPPP Notice of Termination (NOT)
6-1.06 MATERIALS TESTING
Materials testing shall be done in accordance with the Plans, Specifications, and Standard Specifications.

The Contractor shall allow sufficient time for test to be conducted and results reviewed prior to continuing with the work, which may be affected by any test results.

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SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES
7-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 7, “Legal Relations and Responsibility to the Public,” of the Standard Specifications, all of which are applicable to this Contract.
7-1.02 PREVAILING WAGE
Attention is directed to Section 7-1.02K(2), “Wages,” of the Standard Specifications and as determined/published by the Department of Industrial Relations for the State of California, as indicated in the following website: http://www.dir.ca.gov/dlsr/pwd/index.htm.

If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of the contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rate expires during the life of this contract, such wage rate shall apply to the balance of the contract.

Pursuant to California Labor Code §1770, any Contractor who is awarded a public works project and intends to use a craft of classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of that craft of classification most closely related to it as shown in the general determinations effective at the time of the calls for bids.

Statutory provisions for penalties for failure to pay prevailing wages and for failure to comply with state wage and hour laws will be enforced. Eight hours of labor constitutes a day’s work.

The Contractor must comply with the statutory requirements relating to certified copies of payroll records, including the maintenance of the records, their certification and their availability for inspection.
7-1.03 PAYROLL RECORDS
The Contractor shall comply with Section 7-1.02K(3), “Certified Payroll Records,” of the Standard Specifications. It shall be amended to include:

Certified payroll records shall be submitted weekly for the life of the project to a representative of the body awarding the contract. Electronic certified payroll records must be submitted weekly or at the conclusion of each payroll period directly to the Labor Commissioner using DIR's online system.

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7-1.04 LABOR NONDISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." Attention is directed to the following "Nondiscrimination Clause" that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NONDISCRIMINATION CLAUSE

1. During the performance of this contract, the Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. The Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. The Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

2. This Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION
CONTRACT SPECIFICATIONS (GOV. CODE, SECTION 12990)
These specifications are applicable to all state Contractors and subcontractors having a construction contract or subcontract of $5,000 or more.

1. As used in the specifications:
a. Administrator” means Administrator, Office of Compliance Programs, California Department of Fair Employment and Housing or any person to whom the Administrator delegates authority;
b. “Minority" includes:
(i) Black (all persons having primary origins in any of the black racial groups of Africa, but not of Hispanic origin);

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(ii) Hispanic (all persons of primary culture or origin in Mexico, Puerto Rico, Cuba, Central or South America or other Spanish derived culture or origin regardless of race);
(iii) Asian/Pacific Islander (all persons having primary origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); and
(iv) American Indian/Alaskan Native (all persons having primary origins in any of the original peoples of North America and who maintain culture identification through tribal affiliation or community recognition).

2. Whenever the Contractor or any subcontractor subcontracts a portion of the work, it shall physically include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard Specifications Construction Contract, either directly or through incorporation by reference.

3. The Contractor shall implement the specific nondiscrimination standards provided in paragraph 6(a) through (e) of these Specifications.

4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women, shall excuse the Contractor's obligations under these specifications, Government Code, Section 12990, or the regulations promulgated pursuant thereto.

5. In order for the non-working training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

6. The Contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor must be able to demonstrate fully its efforts under Steps (a) through (e) below:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligations to maintain such a working environment.
b. Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the Contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed.

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c. Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on-site foremen, etc., are aware of the Contractor's equal employment opportunity policy and obligations, and discharge their responsibilities accordingly.
d. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out.

7. The Contractors are encouraged to participate in voluntary associations, which assist in fulfilling their equal employment opportunity obligations. The efforts of a contractor association, joint contractor-union, contractor-community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the Contractor actively participates in the group, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's.

8. The Contractor is required to provide equal employment opportunity for all minority groups, both male and female, and all women, both minority and non-minority.

9. The Contractor shall not use the nondiscrimination standards to discriminate against any person because of race, color, religion, sex, national origin, ancestry, physical handicap, medical condition, marital status or age over 40.

10. The Contractor shall not enter into any subcontract with any person or firm decertified from state contracts pursuant to Government Code Section 12990.

11. The Contractor shall carry out such sanctions and penalties for violation of these specifications and the nondiscrimination clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code Section 12990 and its implementing regulations by the awarding agency. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code Section 12990.

12. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status, (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records.

NOTE: Authority cited: Sections 12935(a) and 12990(d), Government Code. References: Section 12990, Government Code.

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7-1.05 LEGAL RELATIONS AND RESPONSIBILITY
Notices. Any notice from one party to the other under this Contract shall be in writing and shall be dated and signed by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:

1. If the notice is given to Owner, it must be by personal delivery thereof to the Director of Parks and Public Works or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to Owner for the attention of said Director of Parks and Public Works, 41 Miles Avenue, Los Gatos, California 95030, postage prepaid and registered;

2. If the notice is given to the Contractor, it must be by personal delivery thereof to the Contractor, or to the Contractor's foreman at the site of the work, or by depositing the same in the United States mails, enclosed in a sealed envelope addressed to the Contractor at the Contractor's regular place of business or at such other address as may have been established for the conduct of the work, postage prepaid and registered; or

3. If the notice is given to the Surety or any other person, by personal delivery to such Surety or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such Surety or person at the address of such Surety or person last communicated by him to the party giving the notice, postage prepaid and registered; and

4. The effective date of such notice(s) shall be the date personal delivery is made or the date shown on the return receipt of the registered mailed notice.

Entire Contract. No verbal agreement or conversation with any officer, agent or employee of Owner, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations contained in the Contract Documents, nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract. 7-1.06 EMPLOYMENT OF APPRENTICES
Attention is directed to the provisions of Labor Code §§1777.5 and 1777.6 concerning the employment of apprentices by the Contractor or any subcontractor under Contractor. Section 1777.5 does not apply to contracts less than $30,000.

Section 1777.5 requires the Contractor or subcontractor, employing workers in any apprenticeable craft or trade, to apply to an apprenticeship program near to the site of the public works project that administers the apprenticeship program in that craft or trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeypersons that will be used in the performance of the contract. Section 1777.5 also requires submission of specified award information to the apprenticeship program.

The ratio of apprentices to journeypersons in such cases shall not be less than 1 to 5, except that the joint committee may grant a certificate, subject to the approval of the Administrations of Apprenticeship, exempting a Contractor from the 1 to 5 ratio, when it finds that any one of the following conditions are met;

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a. In the event unemployment for the previous 3-month period in such area exceeds an average of 15%, or
b. In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
c. If there is a showing that the apprenticeable craft or trade is replacing at least 1/13th of its journeyperson annually through apprenticeship training, either on a statewide basis, or on a local basis, or
d. If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize apprentice's life or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyperson.

The Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the 1 to 5 ratio upon proper showing by the Contractor that it employs apprentices in a specific apprenticeable craft or trade in the state on all its contracts on an annual average if not less than 1 apprentice to each 5 journeypersons.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeypersons in any apprenticeable trade on such contracts, and if other Contractors in the area of the public works site are making such contributions.

The Contractor and any subcontractor under Contractor shall comply with the requirements of §§1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

Responsibility for compliance with this section and this section's reference to the Standard Specifications lies with the Contractor.
7-1.07 PUBLIC SAFETY
The following paragraphs are hereby added to Section 7-1.04, "Public Safety," of the Standard Specifications:

The Contractor shall maintain a safe workplace throughout the job including, but not limited to, maintenance of barricades, maintenance of safe pedestrian walkways and handicap access throughout or around the project site, and maintenance of pavement within the limits of the roadway and driveways with a suitable traffic-bearing surface. The Contractor shall fulfill the requirements of this section 24 hours per day, seven days a week, including holidays, from the time of the Notice to Proceed is issued until the project is formally accepted. 7-1.08 ADDITIONAL SURETIES
If at any time during the continuance of the Contract the Sureties, or any of them, shall, in the opinion of the Owner, become irresponsible, the Owner shall have the right to require additional and sufficient Sureties which the Contractor shall furnish to the satisfaction of the Owner within 10 working days after notice.

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7-1.09 INSURANCE
Bidders' attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract.

The Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid and shall not be otherwise recoverable from Owner.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form GC 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025.

3. Workers’ Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

B. Minimum Limits of Insurance. The Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/Location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers' Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

C. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Town of Los Gatos. At the option of the Town of Los Gatos, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town of Los Gatos, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provision. The policies are to contain, or be endorsed to contain the following provision:

1. General Liability and Automobile Liability Coverages a. The Town of Los Gatos, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products

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and completed operations of the Contracts, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town of Los Gatos, its officers, officials, employees, or volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the Town of Los Gatos, its officers, officials, employees, and volunteers. Any insurance or self-insurances maintained by the Town of Los Gatos, its officers, officials, employees, or volunteers shall be excess of the Contractors Insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town of Los Gatos, its officers, officials, employees, or volunteers.
d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Town of Los Gatos, its officers, officials, employees, or volunteers for losses arising from work performed by the Contractor for the Town of Los Gatos.

3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after 30 days prior written notice by certified mail, return receipt required, has been given to the Town of Los Gatos.

E. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than B+.

F. Verification of Coverage. The Contractor shall furnish the Town of Los Gatos with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the Town of Los Gatos.

Where by statute, the Town of Los Gatos' workers' compensation-related forms cannot be used, equivalent forms approved by the State Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the Town of Los Gatos before work commences. The Town of Los Gatos reserves the right to require complete, certified copies of all required insurance policies, at any time.

G. Subcontractors. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

H. Indemnification. The Contractor shall save, keep and hold harmless 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

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act or omissions of the Contractor, or any of the Consultant's officers, employees, or agents or any subcontractor.
7-1.10 CONTRACT DOCUMENTS ON SITE
The Contractor shall maintain on the job site an official set of Contract Documents, available at all times to the Director of Parks and Public Works, Inspector, or their representatives. 7-1.11 COORDINATION OF WORK WITH OTHER CONTRACTS
The Contractor must ascertain to the Contractor's own satisfaction the scope of the Work and the nature of any other Contracts that have been or may be awarded by the Owner in the prosecution of the Work, to the end that the Contractor may perform this Contract in the light of such other Contracts, if any. Nothing herein contained shall be interpreted as granting to the Contractor exclusive occupancy of the site of the work. The Contractor shall not cause any unnecessary hindrance or delay to any other Contractor working on any project which encompasses the Work.

If the performance of any Contract for the work is likely to be interfered with by the simultaneous execution of some other Contract or Contracts, the Owner shall decide which the Contractor shall cease work temporarily and which the Contractor shall continue or whether the work can be coordinated so that the Contractors may proceed simultaneously. The Owner shall not be responsible for any damage suffered or extra costs incurred by the Contractor resulting directly or indirectly from the award or performance or accepted performance of any other Contract or Contracts on the Work or caused by any decision or omission of Owner respecting the order of precedence in the performance of the Contracts awarded for the completion of the Work.

The Owner reserves the right to do the Work with its own forces or to let other Contracts for work on or contiguous to the Work set forth in the Plans and Specifications. 7-1.12 EQUIPMENT AND MATERIAL REPLACEMENT
The Contractor shall replace at Contractor's cost and expense any piece of equipment, or part thereof, or any material furnished under these Specifications, which fails because of defective material or workmanship, within 2 years following completion and acceptance of the Work.

All decisions regarding acceptable equipment or installation shall be made by the Director of Parks and Public Works, and the Director of Parks and Public Works decision shall be final.
7-1.13 PUBLIC SAFETY – NOISE
It shall be the Contractor’s responsibility to keep noise pollution due to construction activities as low as possible. In no case shall noise levels produced by the Contractor exceed either of the following maximums:

A. No individual piece of equipment shall produce a noise lever exceeding 85dBA at a distance of 25 feet.

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B. The noise level at no point outside of the property line or temporary construction area shall not exceed 85 dBA. No equipment violating these standards will be allowed to operate.

In no case shall the Contractor’s operations violate the noise ordinance (Chapter 16) of the Town Code.
7-1.14 EQUAL EMPLOYMENT OPPORTUNITY POLICY
From and after the award of the Contract and during the course of the work on the project, the Contractor shall comply with the following Equal Employment Opportunity Conditions. The Contractor adopts and accepts as its operating policy the following statement:
"It is the policy of this company to assure that applicants are employed and that employees are treated during employment without regard to their race, religion, sex, color, or national origin. Such action shall include employment, upgrading, demotion, transfer, recruitment and recruitment advertising, termination, pay, and selection for training, including apprenticeship."
7-1-15 EQUAL EMPLOYMENT OPPORTUNITY OFFICER
The Contractor shall designate and make known to the Director of Parks and Public Works an Equal Employment Opportunity Officer capable of administering and promoting an active Contractor program of equal opportunity who will be assigned adequate authority and responsibility to do so.
7-1.16 DISSEMINATION OF POLICY
All members of the Contractor's organization with authority to hire, supervise, promote, and terminate employees, or who recommend such action, shall be made fully cognizant of and shall implement the Contractor's Equal Employment Opportunity policy: The following actions shall be taken as a minimum:

A. Periodic meetings of supervisory personnel shall be conducted before start of work and at least once every 3 months for the purpose of reviewing and explaining the Contractor's Equal Employment Opportunity Policy and its implementation. The meetings shall be conducted by the Equal Employment Opportunity Officer or other knowledgeable company officials. All new supervisory employees shall be indoctrinated as to the Contractor's Equal Employment Opportunity obligations within 30 calendar days following their reporting for duty with the Contractor.

B. The Equal Employment Opportunity Officer or appropriate company official will instruct all employees engaged in recruitment and hiring as to the methods followed by the Contractor in recruiting and hiring qualified employees. 7-1.17 RECRUITMENT
When advertising for employees, the Contractor shall include in all advertisements for employees the notation An Equal Opportunity Employer. It shall insert all such

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advertisements in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived.

If the Contractor does not restrict individuals who are hired as employees exclusively to those who are related by blood or marriage to persons possessing an ownership interest in the Contractor's business, in those case where the Contractor is not precluded therefor by a valid collective bargaining agreement, systematic and direct recruitment shall be conducted through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor shall, through its Equal Employment Opportunity Officer, identify sources of potential minority group employees and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration.

If the Contractor does not restrict individuals who are hired as employees exclusively to those who are related by blood or marriage to persons possessing an ownership interest in the Contractor's business, the Contractor shall encourage present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants shall be provided to such employees.
7-1.18 PERSONNEL ACTIONS
Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed:

The Contractor shall conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

The Contractor shall periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

The Contractor shall periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor shall promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

The Contractor shall investigate all complaints of alleged discrimination made to the Contractor in connection with its obligations under this contract, shall attempt to resolve such complaints, and shall take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor shall inform every complainant of all of his/her avenues of appeal.
7-1.19 TRAINING AND PROMOTION

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If the Contractor does not restrict individuals who are hired as employees exclusively to those who are related by blood or marriage to persons possessing an ownership interest in the Contractor's business, programs designed to increase the skills of all employees and applicants for employment shall be promoted as follows:

Consistent with its manpower requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, such as preapprenticeship, apprenticeship, and/or on-the-job training programs for the geographical area of contract performance.

The Contractor shall advise employees and applicants for employment of available training programs and entrance requirements for each.

The Contractor shall periodically review the training and promotion potential of employees and shall encourage eligible employees to apply for such training and promotion.
7-1.20 UNIONS
If the Contractor relies in whole or in part upon unions as a source of Contractor's work force, the Contractor shall use its best efforts to incorporate an Equal Employment Opportunity clause into all union agreements which defines responsibilities for non-discrimination in hiring, referral, up-grading and training, and otherwise implements an affirmative anti-discrimination program in terms of the union's specific areas of skill and geography, to the end that all qualified workers will be available and given an equal opportunity for employment, and such unions will be contractually bound to refer applicants without regard to their race, color, religion, sex or national origin.

In the event a union is unable to refer applicants as requested by the Contractor within the time limit set forth within the union agreement, the Contractor shall, through its recruitment procedures, fill the employment vacancies without regard to race, color, religion, sex or national origin, making full efforts to obtain qualified persons. 7-1.21 SUBCONTRACTING
The Contractor shall use its best efforts to assure subcontractor compliance with their Equal Employment Opportunity obligations.
7-1.22 DEBARRED CONTRACTORS AND SUBCONTRACTORS
Pursuant to Public Contract code § 6109, Contractors and subcontractors who are ineligible pursuant to Labor Code §§ 1777.1 and 1777.7 are prohibited from work on the project 7-1.23 NOTICES AND POSTERS
The Contractor shall make known its Equal Employment Opportunity responsibilities under this Contract by the following methods:

A. Executed copies of the Contractor's Fair Employment Practices Statement shall be:

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1. Conspicuously posted in all areas where job applicants and potential employees appear for purposes of gaining employment by the Contractor;

2. Conspicuously posted on all employee bulletin boards and in other areas where employees of the Contractor congregate; and,

3. Transmitted to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, and to all other sources or employee referrals, including schools and employment agencies.

B. Posters containing the following wording shall be conspicuously posted in all areas where job applicants and potential employees appear for purposes of gaining employment by the Contractor: "NAME OF CONTRACTOR" is an Equal Employment Employer.”
C. The Contractor's Equal Employment Opportunity policy, as described in these Specifications, and shall be distributed in written form to all employees 7-1.24 FAIR EMPLOYMENT PRACTICES STATEMENT
The Contractor shall execute the following Fair Employment Practices Statement:
"Fair Employment Practices Statement": (Name of Contractor) is an Equal Employment Opportunity Employer, as such has adopted the policy and will take affirmative action to employment without regard to their race, color, religion, ancestry or national origin. On (Date), (Name of Contractor) was awarded a public works contract by the Town of Los Gatos, a municipal corporation situated in the County of Santa Clara, State of California, for the work of (Name of Contract). Under said Contract (Name of Contractor) has agreed to comply with those Equal Employment Opportunity Conditions described in Section 7 of the Contract Documents for said project, and has agreed, among other things, that damages will be paid to the Town in event it is found that the requirements of said Conditions have not been satisfied.

Dated: __________________ Signed: __________________

7-1.25 RECORDS
The Contractor shall keep such records as are necessary to determine compliance with its Equal Employment Opportunity obligations under this Contract. Such records shall be retained for a period of 2 years following completion of the project. Such records show:

The number of minority and non-minority group members employed in each work classification on the project.

The efforts and progress being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole or in part on Unions as a source of their work force).

The efforts and progress being made in locating, hiring, training, qualifying, and upgrading employees.

The above-described records, together with the Contractor's records of employment, employment advertisements, application forms, and other pertinent data shall, upon request, be opened to

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inspection and copying by the Director of Parks and Public Works or the Director of Parks and Public Works authorized representative, or any other agency of the State of California designated by the Director of Parks and Public Works, for purposes of investigating whether the Contractor has complied with the Equal Employment Opportunity conditions of this Contract. 7-1.26 REPORTS
Between the date of the award of the Contract and the date of the commencement of work on the project, the Contractor shall in conformity and compliance with the directions of the Director of Parks and Public Works, submit to the Director of Parks and Public Works a basic compliance report which shall include the following:

The name, business address and telephone number of the Contractor's Equal Employment Opportunity Officer.

An executed copy of the Contractor's Fair Employment Practices Statement.

A description of the Contractor's sources of potential employees, and the identity of the person or persons who have responsibility for determining who the Contractor will hire and whether or not to hire.

Such evidence as is required by the Director of Parks and Public Works, showing that the Contractor has notified all supervisors, foremen, and other personnel officers, in writing, of the content of the Contractor's Equal Employment Opportunity policy.

Such evidence as is required by the Director of Parks and Public Works showing that the Contractor has transmitted its Statement of Fair Employment Practices to all sources of employee referrals.

Such evidence as is required by the Director of Parks and Public Works showing that the Contractor has posted bulletins, posters, and the Fair Employment Practices Statement in the manner required by these Equal Employment Opportunity Conditions.
7-1.27 BREACH OF EQUAL EMPLOYMENT CONDITIONS
In the event the Director of Parks and Public Works, as a result of supervising the Contractor's performance under the Contract or after investigating a complaint by a third party, finds that the Contractor is or has been in violation of its agreement to comply with these Equal Employment Opportunity Conditions, notice of such violations shall be filed with the Director of Parks and Public Works and given to the Contractor by depositing same in the United States mail, postage prepaid, addressed to the last known business address of the Contractor, with return receipt requested. Not later than 15 calendar days after the filing of said notice with the Director of Parks and Public Works, a hearing shall be held by the Town Council for the purpose of ascertaining whether the charges contained in the notice are true, and, if true, whether the Contractor has failed to make a reasonable and substantial effort to comply with these Equal Employment Opportunity Conditions. Notice of the time and place of said hearing shall be given the Contractor not less than 5 days prior thereto in the same manner as the notice of violations is given. During said hearing, the Town Council shall receive and consider any evidence offered by the Director of Parks and Public Works, the Contractor, and any third party. At the conclusion of said hearing, the Town Council shall determine the matter and its determination shall be final.

If after the hearing above described the Town Council determines that the Contractor has failed

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to comply with these Equal Employment Opportunity Conditions, and has failed to make a reasonable and substantial effort to comply with said conditions, the Contractor shall be deemed in material breach of the Contract. It is understood that the Owner will have suffered damage by virtue of said breach; and it being impractical and unfeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to Owner, as fixed and liquidated damages, and not as a penalty, the sum of $50.00 for each calendar day during which the Contractor is found to have been in noncompliance. Such monies may be recovered from the Contractor and its Surety.

The Owner may deduct any such damages from monies due the Contractor. 7-1.28 DISQUALIFICATION FROM FUTURE CONTRACTS
A finding by the Town Council that the Contractor has failed to comply with these Equal Employment Opportunity Conditions and has failed to make a reasonable and substantial effort to so comply, or a finding of willful violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act, or similar provisions of Federal law or Executive Order, in the performance of work on the project shall be deemed a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which the Contractor may submit bids. A finding of willful violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act shall be deemed to have occurred upon receipt by the Owner of written notice from the California Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated said Fair Employment Practices Act and has issued an order under Government Code §12970, or obtained judgment and order of enforcement under Government Code §12973.
7-1.29 OTHER REMEDIES
Nothing contained in these Equal Employment Opportunity Conditions shall be construed in any manner or fashion so as to prevent the Owner from pursuing any other remedies that may be available at law or in equity.
7-1.30 PUBLIC WORKS CONTRACTS; ASSIGNMENT TO AWARDING BODY In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract (California Public Contract Code §7103.5). This assignment shall be made and become effective at the time the Owner tenders final payment to the Contractor, without further acknowledgment by the parties. 7-1-31 UNFAIR BUSINESS PRACTICE CLAIMS
Pursuant to Public Contract Code § 7103.5, the Contractor agrees to assign all unfair business practices claims under the Clayton Act and the Cartwright Act to the Town of Los Gatos.

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7-1.32 CLAIMS
The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have given the Engineer due written notice of potential claim specified in the Standard Specifications and these Special Provisions.

The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and insofar as possible, the amount of the potential claim. The notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 10 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. Town may request additional information from Contractor regarding the Contractor’s claim which shall be provided to the Town within 10 days of the request. If the Contractor fails to provide notice as stipulated in this section, the Claim will be considered invalid, and no compensation will be allowed therefore.

It is the intention of this section that differences between parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor herby agrees that they shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

In addition to the written notice of potential claim, the Contractor shall submit written statement of all claims arising under or by virtue of the contract so that the Engineer receives the written approval or statement of claims no later than close of business of the thirtieth (30th) day after receiving the proposed final estimate. If the thirtieth (30th) day falls on a Saturday, Sunday, or legal holiday, then receipt of the written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement or claims, nor will any claim be allowed as to which a notice or protest is required under these provisions in Section 4-1.05, “Changes and Extra Work,” Section 4-1.06, “Differing Site Conditions,” Section 5-1.36D, “Nonhighway Facilities,” Section 5-1.43, “Potential Claims and Dispute Resolution,” and Section 8-1.10, “Liquidated Damages,” of the Standard Specifications unless the Contractor has complied with the notice or protest requirements in those sections.

Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If additional information or details are required by the Engineer to determine the basis and amount of the claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth (15th) day after receipt of the written request from the Engineer. If the fifteenth (15th) calendar day falls on a Saturday, Sunday or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Failure to submit the information and details to the Engineer within the time specified will be sufficient cause for denying the claim.

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The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims.

Failure to permit access to those records shall be sufficient cause for denying the claims.

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Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et. seq., the undersigned, _________________________________________________________ (Name)
_________________________________________________________ (Title)
_________________________________________________________ (Company)
hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.

Dated __________________________________________________ /s/______________________________________________________ State of California )
) ss.

County of ______________________)
Subscribed and sworn to (or affirmed) before me this _______________ day of _______________________, 20 .
_______________________________________
Signature of Notary Public (Notary Seal)

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Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any claim for overhead shall also be subject to audit by the Town at its discretion.

Any costs or expenses incurred by the Town in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the Town within the meaning of the California False Claims Act.

The Engineer will make the final determination of any claim which remains in dispute after completion of the claim review. The Contractor may be allowed to make a presentation in support of those claims.

Upon final determination of the claims, the Engineer will then make and issue the Engineer’s final estimate in writing and within 30 days thereafter the Town will pay the entire sum, if any, found due thereon. That final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefore, except as otherwise provided in Section 5-1.27, “Records,” and Section 9-1.21, “Clerical Errors,” of the Standard Specifications.

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SECTION 8 PROSECUTION AND PROGRESS
8-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 8, “ Prosecution and Progress,” of the Standard Specifications, all of which are applicable to this Contract, except that it shall be the bidder's responsibility to contact the utility companies and to determine for itself what, if any utility construction, removal, alteration or relocation work might delay or otherwise affect its operations under this Contract, and the Contractor shall not be entitled to any compensation for such delay or effect, except that time extensions may be granted, at the option of the Engineer as provided for in the Standard Specifications and these Specifications. 8-1.02 CONSTRUCTION SCHEDULE
Prior to beginning work, the Contractor shall submit to the Engineer for approval a detailed construction schedule for accomplishing the Work within the time allowed.

The detailed construction schedule shall include evidence of a capable work force, availability of construction materials and ability to prosecute the Work diligently to completion.

As a minimum, the construction schedule shall identify all major tasks necessary to complete the Work, shall indicate when each such task will be started and how many working days will be used in completing it, shall indicate the time relationship among the activities, and shall indicate the amount of each Contract item that will be completed after each 10% increment of Contract time has elapsed.

Whenever performance falls behind the approved construction schedule rates, the Contractor shall, by the next day, submit to the Engineer for approval, a revised construction schedule indicating how the remaining work will be completed within the remaining time.

The Contractor shall also submit to the Engineer each Friday a detailed plan and schedule for the proposed construction during the following week.

If and when the Engineer determines that the Contractor will exceed the Contract time allowance, plus approved time extensions, the Engineer shall suspend further payments due the Contractor until such time as the revised construction schedule is approved and the Contractor demonstrates satisfactory progress in accordance with the approved revised schedule.

Full compensation for providing, updating, and revising the project schedule shall be considered as included in the contract unit prices paid for the various items of work required to be listed in the progress schedule and no further compensation will be made therefor. 8-1.03 START OF WORK AND TIME OF COMPLETION
The Contractor shall mobilize within the time frame set forth in the Notice to Proceed and the Special Provisions. Entire contract shall be completed within the time set forth in the Notice after Contractor’s receipt of said Notice.
8-1.04 LIQUIDATED DAMAGES