IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through Zoom Webinar (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
This meeting will be teleconferenced pursuant to Government Code Section 54953(b)(3).
Council Member Rob Rennie will be participating from a teleconference location at Via dell'Opio Nel Corso, 3, 53045 Montepulciano, Italy. The teleconference locations shall be accessible to the public and the agenda will be posted at the teleconference location 72 hours before the meeting.
HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please use this URL to join: https://losgatoscagov.zoom.us/j/82232739012?pwd=1zlbRu029_33oyBb9l3AyTZQ7D2MEQ.kN8FbuOklNsmz-Jj Passcode: 793054 You can also type in 822 3273 9012 in the “Join a Meeting” page on the Zoom website at and use passcode 793054.
When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
Telephone: Please dial (877) 336-1839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 1052180)
If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). All comments received will become part of the record.
(3) Deadlines to submit written comments are:
11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation must submit the presentation electronically to [email protected] no later than 3:00 p.m. on the day of the Council meeting.
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
MAY 07, 2024
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
Mary Badame, Mayor
Matthew Hudes, Vice Mayor
Rob Moore, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member
CALL MEETING TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
PLEDGE OF ALLEGIANCE
PRESENTATIONS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 1 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)
1. Approve Minutes of the April 16, 2024 Closed Session Town Council Meeting.
2. Approve Minutes of the April 16, 2024 Town Council Meeting.
3. Approve Minutes of the April 23, 2024 Closed Session Town Council Meeting.
4. Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 18, 2024 as a Public Hearing to Consider Objections to the Proposed Removal of Brush.
5. Parking Program Implementation – Wayfinding and Signage Project (CIP No. 813-0242):
a. Award and Authorize the Town Manager to Execute a Construction Agreement with Square Signs LLC., Dba Front Signs in an Amount Not to Exceed $191,908.13; and b. Authorize the Staff to Execute Change Orders in an Amount Not to Exceed $38,381.63 Which Represents a Twenty Percent (20%) Contingency of the Contract Award Amount.
6. Authorize the Town Manager to Execute Agreements with the County of Santa Clara for:
a. AB 939 Implementation Fee Collection and Distribution; and b. Countywide Household Hazardous Waste (HHW) Collection Program to Augment Funding up to an Additional $94,219 to the Countywide HHW Program During Fiscal Year (FY) 2024/25.
7. Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services to Increase the Contract Amount for Fiscal Year 2023/24 in the Amount of $55,000, for a Total Agreement Amount Not to Exceed $1,008,948.
8. 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Award and Authorize the Town Manager to Execute a Public Works Contract with Villalobos and Associates in the Amount of $409,480;
b. Authorize Town Manager to Execute Change Orders in an Amount Not to Exceed Ten Percent (10%) of the Contract Award Amount;
c. Authorize an Expenditure Budget Transfer in an Amount of $185,331 from the Annual Street Repair and Resurfacing Project (CIP No. 811-9901); and d. Approve the Project Construction Plans as required by Government Code 830.6 – Design Immunity.
9. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2025.
10. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for a Design-Build Project to Install a Battery Storage System at the Library (CIP 821-2505) to Extend the Term and Time of Performance through June 30, 2025.
11. Approve an Amendment to the Town Manager’s Employment Agreement.
12. Approve and Authorize the Town Manager to Execute a Side Letter of Agreement Between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME) to Contract Out Street Sweeping Services Effective July 1, 2024.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
13. Review Polling Results, Authorize the Town Manager to Execute an Amendment to the NBS Agreement to Include Phase 2 in the Scope of Services to Prepare a 1/8th Cent Sales Tax Measure for the November 2024 Ballot and Increase the Not to Exceed Amount to $105,000, and Authorize an Expenditure Budget Adjustment in an Amount of $60,400 from the Available General Fund Capital/Special Projects Reserve.
14. Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821-2011) and Provide Direction to Town Staff.
15. Authorize the Town Manager to Execute an Agreement for Services with the Los Gatos Chamber of Commerce to Manage the Los Gatos Visitors Information Center and the Visit Los Gatos Website, Social Media and Destination Marketing Services for FY 2024/2025, in an amount not to exceed $55,000.
16. Approve West Valley Community Services, Counseling and Support Services for Youth, and AWO as Potential Community Service Partners to Provide their Respective Services at the Interim Community Center.
17. Discuss and Provide Direction on Outreach and Noticing Options for Senate Bill (SB) 330 Projects.
18. Discuss and Provide Direction on Objective Design Standards.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
19. Introduce an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ Article I, ‘In General,’ Division 3 ‘Signs,’ of the Town Code Regarding Sign Regulations” as Recommended by the Planning Commission. The proposed amendments to the Town Code are not a project subject to CEQA [CEQA Guidelines Section 15061(b)(3)]. Town Code Amendment Application A-24- 002. Project Location: Town Wide. Applicant: Town of Los Gatos.
20. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Senate Bill (SB) 9 For Modified Design Review Standards and Other Clarifying Revisions.” The Proposed Amendments to the Town Code are Not Considered a Project Under Section 15378 of the California Environmental Quality Act, and in Accordance with Government Code Section 66411.7(n) and 66452.21(g), SB 9 Ordinances are Not a Project Subject to the California Environmental Quality Act. Town Code Amendment Application A-24-003.
Project Location: Town Wide.
Applicant: Town of Los Gatos.
COUNCIL / MANAGER MATTERS
CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR §35.102-35.104]
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 05/07/2024
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, April 16, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person and utilizing teleconferencing means on Tuesday, April 16, 2024, at 5:30 p.m. to hold a Closed Session to discuss anticipated litigation and labor negotiations.
MEETING CALLED TO ORDER AT 5:35 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, and Council Member Maria Ristow (teleconference).
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code Section 54957.6) Agency designated representatives: Town Council
Unrepresented Employee: Town Manager
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Government Code Section 54956.9: 1 case The Town Council reconvened in open session. The Town Attorney stated there was no reportable action.
ADJOURNMENT
The meeting adjourned at 6:51 p.m.
Attest: Submitted by:
___________________________ ___________________________ Wendy Wood, Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2024
DRAFT
Minutes of the Town Council Meeting
Tuesday, April 16, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, April 16, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow (participating remotely).
Absent: None
PLEDGE OF ALLEGIANCE
The Stratford School Student Council led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Badame presented proclamations to Parks and Public Works Director Nicolle Burnham for Arbor Day and Keep Los Gatos Beautiful Month, and a proclamation to Captain Clinton Tada and Dispatchers Christine Crosson and Brooke Smith for Nation Public Safety Telecommunications Week.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the April 2, 2024 Closed Session Town Council Meeting.
2. Approve Minutes of the April 2, 2024 Town Council Meeting.
3. Approve Minutes of the April 8, 2024 Special Town Council Meeting.
4. Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase Compensation for Fiscal Year 2023/24 in an Amount of $100,000 for a Total Annual Amount Not to Exceed $300,000 and a Total Agreement Amount Not to Exceed $1,100,000; and Authorize a Revenue and Expenditure Budget Adjustment in the Amount of $100,000 from the Available Tree Replacement Deposit Account.
5. Authorize a Budget Transfer of Previously Allocated Measure B Funds in the Amount of $1,734,250 from the Winchester Boulevard Complete Streets Project (CIP No. 813-0238) to the Kennedy Road Sidewalk – Los Gatos Boulevard Project (CIP No. 813-0241).
6. Receive the Monthly Financial and Investment Report for February 2024.
7. Adopt a Resolution Describing Improvements and Directing the Preparation of the Town Engineer’s Report for Fiscal Year 2024/25 for Landscape and Lighting Assessment Districts No. 1 and 2. RESOLUTION 2024-014
ITEM NO. 2.
PAGE 2 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of April 16, 2024 DATE: April 17, 2024
8. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $15,615.98 to Recognize Excess Insurance Reimbursement for Damage to Howes Play Lot Structure.
9. Approve the Following Action for the Shannon Road Pedestrian and Bikeway Improvement Project (CIP No. 813-0218):
a. Authorize the Town Manager to execute Program Supplement No. F0104 to the Administering Agency-State Agreement for Federal-Aid Project No. 04-5067F15 in the Amount of $940,100 from the State of California Department of Transportation (Caltrans).
10. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for Construction of the Corporation Yard Building Replacement Completed by S&H Construction, Inc., and Authorize the Town Clerk to File for Recordation.
11. Approve and Authorize the Town Manager to Execute a Memorandum of Understanding Between the Town of Los Gatos and the Police Officers’ Association, and Authorize an Expenditure Budget Adjustment in the Amount of $154,376 from the Available General Fund Capital/Special Projects Reserve.
12. Adopt a Resolution Rescinding the Land Use and Community Design Elements of the 2040 General Plan. RESOLUTION 2024-015
13. Adopt a Resolution Rescinding Resolution Nos. 2024-003, 2024-004, and 2024-005 Regarding the Transportation Impact Fee. RESOLUTION 2024-016
14. Authorize the Town Manager to Execute the First Amendment to the Contract with DKS Associates to Modify the Scope of Services and Increase Compensation from $160,505 to $166,647.
Vice Mayor Hudes pulled item #14.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Rennie to approve consent items 1-13. Seconded by Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
VERBAL COMMUNICATIONS
Rich Stephens
- Commented on concerns with a proposed development on Los Gatos Blvd.
Richard Sandigo
- Commented on concerns with a proposed development on Los Gatos Blvd.
ITEM NO. 2.
PAGE 3 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of April 16, 2024 DATE: April 17, 2024
Rob Stump
- Commented on concerns with traffic and safety and made a request for a second access point to Los Gatos High School through the proposed Los Gatos Lodge development.
Carin Yamamoto
- Commented on concerns with a proposed development on Los Gatos Blvd.
Joe Enz, Friends of the Los Gatos Creek
- Commented on unhoused residents, creek cleanup, and safety concerns.
Allan Bayless
- Commented on safety concerns and requested accessory dwelling units (ADUs) as housing options for homeless individuals.
Lynley
- Commented on concerns and spoke about religion.
PUBLIC HEARINGS
15. Open the Public Hearing for an Appeal of a Planning Commission Decision to Deny a Request to Eliminate a Housing Unit from the Town’s Housing Inventory on Property Zoned R-1D, Located at 501 Monterey Avenue, and Continue the Matter to May 7, 2024. APN 410- 15-052. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities.
Architecture and Site Application S-23-038. Property Owner/Applicant/Appellant: Katrina and Carlos Azucena. Project Planner: Sean Mullin
Jennifer Armer, Planning Manager, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Staff stated no further action is required because the appellant withdrew the appeal.
OTHER BUSINESS
16. Establish a Town Council Policy Governing Town Board, Commission, and Committee Budgets. POLICY 5-03
Laurel Prevetti, Town Manager, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
ITEM NO. 2.
PAGE 4 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of April 16, 2024 DATE: April 17, 2024
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to approve the Commission Budget Town Council Policy to establish the consistency and clear guidelines for the appropriate use of funds by Town Commissions. AMENDMENT: Add language to section [II. (A)(4)] stating “paying for the registration for a table or booth at a non-Town event in conformance with State law.” Seconded by Council Member Ristow.
VOTE: Motion passed unanimously by roll call vote.
17. Discuss Future Adoption Development Agreement Procedures and Provide Direction to Staff.
Gabreille Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to approve staff’s verbal recommendation to allow the procedures for entering into development agreements to be broad and allow development agreements cover all land uses. Seconded by Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
MOTION: Motion by Council Member Moore to not put a limit on the project size for development agreements. Seconded by Mayor Badame.
VOTE: Motion passed unanimously by roll call vote.
MOTION: Motion by Council Member Moore to not set a minimum dollar amount for development agreements. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously by roll call vote.
ITEM NO. 2.
PAGE 5 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of April 16, 2024 DATE: April 17, 2024
18. Adopt a Resolution, Based on Planning Commission Recommendations, Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.
RESOLUTION 2024-017
Jennifer Armer, Planning Manager, presented the staff report.
Mayor Badame opened public comment.
Rich Stevens
- Commented on the use of story poles as notification of a multi-story building being proposed.
Suma Warrier
- Commented on using social media as part of the notification process.
Lee Fagot
- Commented on the use of a three-dimensional video rendering as part of the notification process.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to amend the [Story Pole] Policy to state that whenever a formal application (including but not limited to SB 330 and Builder’s Remedy applications) is received, that neighbors within 1,000 feet will be notified and provided access to information in the visual renderings, signs, and the application itself. Significant projects including pre-applications in excess of 100 units will be posted on social media, and information about the pre-application will be posted on the website which includes an elevation drawing. Seconded by Mayor Badame.
VOTE: Motion failed 2-3 by roll call vote. Council Members Ristow, Moore, and Rennie voted no.
MOTION: Motion by Council Member Ristow to adopt the resolution in Attachment 14 based on Planning Commission recommendations, modifying the height pole and netting policy for additional new construction. Seconded by Council Member Moore.
VOTE: Motion passed 3-2 by roll call vote. Vice Mayor Hudes and Mayor Badame voted no.
ITEM NO. 2.
PAGE 6 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of April 16, 2024 DATE: April 17, 2024
Mayor Badame called a recess at 9:27 p.m.
The meeting reconvened at 9:40 p.m.
19. Discuss and Provide Direction Regarding the Finance Commission Recommendation to Issue a Request for Qualification (RFQ) for the Preparation of the Annual Comprehensive Financial Report (ACFR).
Gitta Ungvari, Finance Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Mayor Badame to approve the Finance Commission recommendation [which is to adopt a practice to hire a separate entity to perform work necessary for the preparation of the Town’s Annual Comprehensive Financial Report] to issue a Request for Qualifications for the preparation for the Annual Comprehensive Financial Report. Seconded by Vice Mayor Hudes.
VOTE: Motion passed 3-2 by roll call vote. Council Members Ristow and Moore voted no.
20. Authorize the Town Manager to Negotiate an Animal Services Agreement between the Town of Los Gatos and the Silicon Valley Animal Control Authority (SVACA), and Direct Staff to Bring Back an Agreement for the Town to Become a Member of the SVACA.
Clinton Tada, Police Captain, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to approve authorization for the Town Manager to negotiate an Animal Services agreement between the Town of Los Gatos and the Silicon Valley Animal Control Authority (SVACA), and direct staff to bring back an
ITEM NO. 2.
PAGE 7 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of April 16, 2024 DATE: April 17, 2024
agreement for the Town to become a member of the SVACA Joint Powers Agency (JPA). Seconded by Council Member Ristow.
VOTE: Motion passed unanimously by roll call vote.
Pulled Consent Items
14. Authorize the Town Manager to Execute the First Amendment to the Contract with DKS Associates to Modify the Scope of Services and Increase Compensation from $160,505 to $166,647.
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Ristow to authorize the Town Manager to execute the first amendment to the contract with DKS Associates to modify the scope of services and increase compensation from $160,505 to $166,647. Seconded by Council Member Moore.
VOTE: Motion passed 3-2 by roll call vote. Vice Mayor Hudes and Mayor Badame voted no.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she attended a community meeting regarding State Route Hwy 17 resiliency and adaptation plan, ribbon cutting for Time Out’s 30 th anniversary
event, and community Iftar event hosted by West Valley Muslim Association; observed the Finance Commission meeting and the Diversity Equity and Inclusion (DEI) Commission meeting; and met with people on a variety of topics including housing, animals, and public health.
- Council Member Moore stated he held his happy hour and Council Member community coffee meetings; attended the community Iftar event hosted by West Valley Muslim Association; met with a Youth Commissioner regarding Special Needs Assistance Program (SNAP); met with Los Gatos Lions Club; attended a West Valley Sanitation District meeting and Cities Association Legislative Action Committee meeting; and completed a Community Emergency Response Team (CERT) Wilderness First Aid Class. - Vice Mayor Hudes stated he received an update on North 40 Phase II from the developer; participated in the Los Gatos Foundation for Older Adults to Thrive Executive Committee
ITEM NO. 2.
PAGE 8 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of April 16, 2024 DATE: April 17, 2024
meeting; attended Time Out 30th Anniversary and Beaute Bar ribbon cuttings, and community Iftar event hosted by West Valley Muslim Association; participated in the Finance Commission meeting, Community Center Committee (Foundation) meeting, and a Cities Association Board of Directors meeting.
- Council Member Rennie stated he met with Valley Transportation Authority (VTA) staff; attended a VTA Board meeting; met with his Finance Committee appointee; attended the community Iftar event hosted by West Valley Muslim Association; met with the Silicon Valley Clean Energy Authority (SVCEA) CEO; attended a SVCEA Board meeting and the Finance Commission meeting; and met with the Director of the Chamber of Commerce. - Mayor Badame stated she attended Time Out 30th Anniversary and Beaute Bar ribbon cuttings; participated in the County Housing and Community Advisory Committee meeting; observed the Finance Commission meeting; met with the developer of a residential project located at the Mirassou school site; attended quarterly Chamber of Commerce meeting; met with former Mountain View Mayor Margaret Abe-Koga; and participated in a ceremonial acceptance of a gift to the Library.
Manager Matters
- Announced the Spring into Green event will be on April 21, 2024, from 10 a.m. to 1 p.m. at Plaza Park and invited all to attend.
- Announced the Youth Commission recruitment is underway, and applications are due May 1, 2024.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session on to discuss labor negotiators pursuant to Government Code Section 54957.6 and anticipated litigation pursuant to Government Code 54956.9 and stated there was no reportable action.
ADJOURNMENT
The meeting adjourned at 10:48 p.m.
Respectfully Submitted:
____________________________
Jenna De Long, Deputy Town Clerk
ITEM NO. 2.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 05/07/2024
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, April 23, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person and utilizing teleconferencing means on Tuesday, April 23, 2024, at 12:00 p.m. to hold a Closed Session to discuss public employment.
MEETING CALLED TO ORDER AT 12:00 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie (teleconference), and Council Member Maria Ristow (teleconference, joined at 12:02 p.m.).
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. PUBLIC EMPLOYMENT (Gov. Code Section 54957(b))
Title: Town Manager
The Town Council reconvened in open session. The Town Attorney stated there was no reportable action.
ADJOURNMENT
The meeting adjourned at 1:58 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 3.
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2024
DATE: May 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 18, 2024 as a Public Hearing to Consider Objections to the Proposed Removal of Brush RECOMMENDATION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 18, 2024 as a public hearing to consider objections to the proposed removal of the brush.
BACKGROUND:
The Santa Clara County Fire Department implements and manages a hazardous brush abatement program for the Wildland Urban Interface (WUI) areas (hillside areas) within its jurisdictional boundaries, which includes the incorporated areas of Los Gatos, to ensure appropriate defensible space for structures.
The Town annually adopts the Hazardous Vegetation (Brush) Abatement Program and works with the County, which serves as the enforcement agent and conducts their own inspections.
In January of each year, homeowners are reminded that they must remove native brush and vegetation from around their home to create defensible space. The brush abatement program entails inspections of hillside properties by fire crews beginning in early April each year. If properties are found to be out of compliance with the regulations found in the California Fire Code relative to vegetation clearance, they are given notice of the violation. A contractor is authorized by the County to perform the necessary work if compliance is still not achieved by approximately the end of June each year.
ITEM NO. 4.
PAGE 2 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 18, 2024 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: May 1, 2024
BACKGROUND (continued):
The costs associated with the abatement work are then assessed on the property owner’s tax bill for that parcel.
DISCUSSION:
In February of 2024, the Santa Clara County Fire Prevention Division notified property owners located within the designated Wildland Urban Interface (WUI) area of the requirement to comply with the safety regulations related to flammable vegetation abatement (Attachment 2).
At the time of the notice, property owners were given the option to complete the required work themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’ authorized contractor (Santa Clara County) to perform the work.
Below is the scheduled outline for the 2024 hazardous brush abatement program:
February 2024 The 2024 Brush Abatement Program letters were mailed to property owners.
April 1, 2024 Santa Clara County Fire Department (SCCFD) began conducting the first property inspections. A door hanger describing the safety regulations is placed at the property and a copy is mailed to the property owner’s mailing address.
May 7, 2024 Town Council adopts a Resolution declaring hazardous vegetation (brush) a public nuisance and sets June 18, 2024 as a public hearing to consider objections to the proposed removal of brush.
May/June 2024 SCCFD begins re-inspecting the properties that were out of compliance at the time of the first inspection. Property owners who are not in compliance at the time of re-inspection will be identified and notice will be sent to the property owners providing information about the June 18th public hearing. The Town publishes notices of the public hearing at least 10 days prior to the hearing.
June 18, 2024 Town Council conducts a public hearing to consider objections to the proposed removal of hazardous vegetation (brush) of parcels declared non-compliant and orders the abatement of the nuisance by the Town’s authorized contractor (Santa Clara County).
ITEM NO. 4.
PAGE 3 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 18, 2024 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: May 1, 2024
DISCUSSION (continued):
June 2024 After the June 18th public hearing, an additional inspection of all identified properties listed on the report will be conducted before the Town’s authorized contractor performs any abatement work. If the property is found to be in compliance at the time of the re-inspection or upon the arrival of the abatement contractor, no work will be performed, and no charges will be imposed.
July 2024 The County provides the Town with an assessment list of charges for work that ultimately was performed by the contractor. If there are no proposed charges, no additional public hearing is required.
August 5, 2024 In the event a list of assessed charges is provided to the Town in July, the Town Council will conduct a public hearing on the hazardous vegetation (brush) abatement charges and adopt a resolution confirming or modifying assessments.
August 6, 2024 The Town submits a list of charges as a special assessment to the County Tax Collector.
CONCLUSION:
Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 18, 2024 as a public hearing to consider objections to the proposed removal of the brush.
COORDINATION:
This program is coordinated with the Santa Clara County Fire Department.
FISCAL IMPACT:
The costs associated with abatement work are placed on the property tax bill for that parcel.
Funds are provided in the FY 2023/24 Budget (Program 5101) to cover the cost of publishing the legal notice for the June public hearing.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 4.
PAGE 4 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 18, 2024 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: May 1, 2024
Attachments:
1. Resolution declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 18, 2024 as a public hearing to consider objections to the proposed removal of brush (includes Exhibit A).
2. Letters sent to property owners within the Wildland Urban Interface (WUI) area.
ITEM NO. 4.
1 of 3
Resolution 2024 - DATE
DRAFT RESOLUTION 2024-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDERING ABATEMENT, AND SETTING JUNE 18, 2024 AS A PUBLIC HEARING TO CONSIDER
OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH
WHEREAS, Sections 39560 and following of the Government Code of the State of California authorize the Town of Los Gatos to declare that hazardous vegetation (brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community may be declared a public nuisance and to compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person's failure to do so, to remove or abate such hazardous vegetation (brush) at the owner's expense, making the cost of that abatement a lien upon the property; and
WHEREAS, the Town of Los Gatos has entered into an agreement with the County of Santa Clara to provide hazardous vegetation (brush) abatement services; and WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform Fire Code adopted by the Town of Los Gatos within the Wildland Urban Interface Fire areas identified and shown on the map (Exhibit A) constitutes a public nuisance and should be abated immediately; and
ATTACHMENT 1
ITEM NO. 4.
WHEREAS, the Santa Clara County Fire Department has mailed notices to property owners within the Wildland Urban Interface areas notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, and the Town Council hereby finds that hazardous vegetation (brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside area. Hazardous vegetation (brush) is also known to have a high oil, high resin, or low moisture contention in their leaves and branches. Examples of this type of plant material include California Sagebrush, Greasewood or Chamise, Scotch Broom, and Toyon. Unabated growth of hazardous vegetation (brush) upon and adjacent to private property within the hillside hazardous fire area and adjacent parkways and sidewalks is a public nuisance and should be abated. The Director of Parks and Public Works shall act as the Superintendent for purposes of giving notice, supervising performance of the agreement with the County of Santa Clara, and evaluating the costs of abatement.
BE IT FURTHER RESOLVED that the Town Clerk is directed to mail notice of this resolution to the persons designated by the Superintendent in conformance with the Government Code and publish notice of this resolution as provided in the Government Code.
BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush) violations are corrected within the time specified in a written agreement with the Superintendent or the Superintendent's representative, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots or lands from which or on which the
ITEM NO. 4.
abatement actions occur, such expense to constitute a lien upon such lots or lands until paid, and to be collected upon the next real property tax roll upon which general municipal taxes are collected.
BE IT FURTHER RESOLVED that on the 18th day of June 2024, at a meeting of the Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main Street, Los Gatos, CA, a public hearing will be held during which all property owners within the Wildland Urban Interface areas in the Town of Los Gatos having any objections to the proposed abatement of hazardous vegetation (brush) will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7
th day of May 2024 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ITEM NO. 4.
N
A
Town of Los Gatos
Local Responsibility Area Fire Hazard Severity Zones January 2024 1 0.5 0
E3 E3 E3 E3 E3
MILES
1 LJ Municipality
• Fire Station
- LGA 100 / Very High FHSZ
LGA 100 / LRA Very High FHSZ
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Exhibit "A"
Exhibit A
ITEM NO. 4.
ITEM NO. 4.
Dear Property Owner,
National Wildfire Community Preparedness Day will take place on Saturday, May 4th. Take action to protect your home and community against the threat of wildfire by attending one of several upcoming community wildfire preparedness workshops. Please see the enclosed flyer for more information and register today.
As a property owner in a designated Fire Hazard Severity Zone of the Wildland Urban Interface, you must comply with the minimum fire-safe regulations. Self-inspections are a key component in achieving fire resilience for residents and the community. Included in this packet is a property self-inspection card. Please complete this card and return by mail or online using the provided QR code.
Your property is in a Very High Fire Hazard Severity Zone of the Wildland Urban Interface Area and requires 100 feet of defensible space from all structures. Defensible space is the necessary buffer created around a structure when combustible vegetation is removed or reduced. The enforced safety regulations for your property include:
Enforced Safety Regulations (Items A - F)
A. Create 100 feet of defensible space around your home. To accomplish this, you must clear 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).
B. Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters.
C. Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops.
D. Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway.
E. Cover chimney outlets or flues with a 1/2” mesh spark arrester.
F. Post a clearly visible house address, using at least 4” high numbers, for easy identification. For homes located more than 50 feet from the street, post address numbers at the driveway entrance.
Additional Safety Recommendations (Municipal Code §9.30.005) • New construction must create a noncombustible area a minimum of 5 feet from all structures. • Remove flammable vegetation a minimum of 10 feet around liquified petroleum gas tanks/containers. • Store woodpiles and combustible materials (e.g., woodpiles, lumber, and scrap) a minimum of 30 feet from all structures and separated from the crown of trees by a minimum horizontal distance of 15 feet. • Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs.
February 22, 2024
RE: <<Property Address>> / APN: <<APN>>
SANTA CLARA COUNTY FIRE DEPARTMENT
ATTN: FIRE PREVENTION DIVISION
1315 DELL AVENUE
CAMPBELL, CA 95008-6609
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
<<Endorsement Line>>
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
FFFFFFFFFFFFFFFFFFFF
PLACE
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HERE
LOS GATOS 100'
ATTACHMENT 2
ITEM NO. 4.
Owner Responsibilities:
1. Please ensure that your property satisfies the listed requirements. You have the option to complete the required work yourself or hire a contractor. For information about vegetation abatement services, visit WeedAbatement.SCCgov.org or call 408.282.3145.
2. Please either complete and return the attached property self-inspection card OR scan the QR Code below to report the current status of your property before April 1, 2024.
Inspection Schedule:
On April 1, 2024, SCCFD will begin conducting property inspections. Property owners not in compliance will be notified of what work needs to be completed to comply with the Enforced Safety Regulations. Please contact us if you are unable to complete the required work due to late season rains or other special circumstance.
On June 1, 2024, we will begin conducting re-inspections of the properties that were out of compliance at the time of the first property inspection. If your property fails to comply with Items A, B, C, or D of the Enforced Safety Regulations specified above, the compliance work will be completed by the Town of Los Gatos’ authorized contractor, and the charges for this service will appear on your next property tax bill.
If you have concerns regarding the safety compliance of your property, courtesy property inspections will be available April 1st through April 12th. To schedule a courtesy property inspection provided by SCCFD or for more information, please contact the Fire Prevention Division at [email protected] or call 408.341.4420.
Sincerely,
Hector R. Estrada, Deputy Chief
Fire Prevention Division
Choose ONE:
1. Scan the QR code below with a smartphone camera to submit your response online OR
2. Complete and mail the attached information card below.
Evacuation Zone ID:
Private Access Key: Or Online: qrs.ly/syej73x
<<ZoneID>>
<<AccessKey>>
Option 1 - Respond Online
I have received the annual Wildland Urban Interface (WUI) Enforced Safety Regulations letter related to flammable vegetation abatement. The current status of my property is as follows (choose one):
□ I have inspected my property for flammable vegetation clearance and believe it complies with the Enforced Safety Regulations. I understand that an inspection of my property may be conducted to verify compliance. □ I will remove flammable vegetation around all structures on my property in accordance with the Enforced Safety Regulations no later than June 1, 2024. I understand that if the required work is not completed, the authorized contractor may complete the work and the charges will appear on my next property tax bill. □ I am no longer the owner of this property.
□ There are no structures on this property.
Name (print clearly): ____________________________________________________ Date: _________________ Phone: (______)____________________ Email: __________________________________________________ Property Address: <<Property Address>>
Option 2 - Respond by Mail
Resources and Information
California Department of Insurance: www.insurance.ca.gov • 800.927.4357 Provides information about all types of insurance, including insurance coverage and limits for high fire risk areas Santa Clara County FireSafe Council: www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Weed Abatement Program: WeedAbatement.SCCgov.org • 408.282.3145 Provides community education and hazard abatement services to protect communities from fire hazards AlertSCC Emergency Alerts Genasys Protect: Know Your Zone AlertSCC.org Protect.Genasys.com
Visit protect.genasys.com to view/verify your Evacuation ZONE#
ITEM NO. 4.
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Parks and Public Works Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2024
DATE: April 24, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Parking Program Implementation – Wayfinding and Signage Project (CIP No. 813-0242):
a. Award and Authorize the Town Manager to Execute a Construction Agreement with Square Signs LLC., Dba Front Signs in an Amount Not to Exceed $191,908.13; and
b. Authorize the Staff to Execute Change Orders in an Amount Not to Exceed $38,381.63 Which Represents a Twenty Percent (20%) Contingency of the Contract Award Amount
RECOMMENDATION:
Parking Program Implementation – Wayfinding and Signage Project (CIP No. 813-0242):
a. Award and Authorize the Town Manager to Execute a Construction Agreement with Square Signs LLC., Dba Front Signs in an amount not to exceed $191,908.13; and b. Authorize the staff to execute change orders in an amount not to exceed $38,381.63 which represents a twenty percent (20%) contingency of the contract award amount.
BACKGROUND:
On December 17, 2019, the Town Council received the Comprehensive Downtown Parking Study from Dixon Resources Unlimited (DIXON). The Parking Study identified wayfinding as a strategy to efficiently manage parking, improve the visitor experience, and enhance vehicle traffic flow.
On January 26, 2021, the Town Council reaffirmed the commitment to the Parking Roadmap with the adoption of the Strategic Priorities Fiscal Year 2021-2023. One of the initial Town Council priorities was to enhance wayfinding signage and new parking program branding to assist visitors in finding convenient parking.
ITEM NO. 5.
PAGE 2 OF 3
SUBJECT: Award of Parking Program Implementation-Wayfinding and Signage Project (CIP 813- 0242)
DATE: April 24, 2024
BACKGROUND (continued):
In November 2021, work began with Hunt Design on the Downtown Wayfinding Master Plan, and on March 15, 2022, Town Council selected a design style which was used by Hunt to develop the final design for static signs throughout the downtown area. (See the Parks and Public Works Capital Improvement Program website for the Wayfinding Designs:
https://www.losgatosca.gov/DocumentCenter/View/37039/Message-Schedule?bidId=.) The Town Council authorized advertising the signage project for construction bidding on December 3, 2023. Bids were advertised on December 8, 2023, and opened on January 19, 2024. The Town received four bid proposals. Of the bids received, three out of four were deemed unresponsive due to non-compliance with bid requirements. The one remaining bid significantly exceeded the engineer’s estimate. On February 20, 2024, the Town Council rejected all bids and authorized staff to re-bid the project.
DISCUSSION:
Staff re-bid the project on March 7, 2024, and bids were opened on April 3, 2024. The Town received bid proposals from three bidders: Fusion Sign & Design, Monarka Development Corporation, and Square Signs LLC dba Front Signs. Square Signs LLC dba Front Signs was the lowest responsive bidder. Table 1 is a summary of the bid totals.
Table 1. Summary of Bids Received for Wayfinding and Signage Project Bid Summary
Engineer’s Estimate $287,200.00
Square Signs LLC dba Front Signs $191,908.13
Fusion Signs $238,201.52
Monarka Development Corporation $358,800.00
CONCLUSION:
This action allows work to proceed for the fabrication and installation of the Council approved wayfinding signs in downtown Los Gatos. Work is expected to be completed by the end of the calendar year.
ITEM NO. 5.
PAGE 3 OF 3
SUBJECT: Award of Parking Program Implementation-Wayfinding and Signage Project (CIP 813- 0242)
DATE: April 24, 2024
FISCAL IMPACT:
The engineer’s cost estimate for this package of wayfinding signs is $287,200. The adopted Fiscal Year 2023/24 – 2027/28 Capital Improvement Program (CIP) Budget for this project is shown in the table below:
Staff is requesting a 20% contingency for this project due to potential unforeseen issues that might arise during the sign installation process.
ENVIRONMENTAL ASSESSMENT:
In accordance with CEQA Guidelines Section 15301, the installation of this signage in the downtown area is categorically exempt from CEQA because it is a minor alteration to the Town’s existing public facilities.
Attachment:
1. Wayfinding Signage Construction Agreement with Bonds Budget Costs
GFAR $ 767,455
Total Budget $ 767,455
Costs
Advertising $ 1,341
Misc. Project Costs $ 1,433
Temp Staff Salary Costs $ 1,934
Prior Consultant Agreement Services $ 444,375
Agreement with Square Signs (Requested with this Staff
Report) $ 191,908
20% Contingency (Requested with this Staff Report) $ 38,382 Total Costs $ 679,373
Available Balance $ 88,082
Parking Program Implemenation
CIP No. 813-0242
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
CONSTRUCTION AGREEMENT
PREAMBLE
This Agreement is dated for identification this 7
th day of May 2024, 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 Square Signs LLC dba Front Signs, identified as a Limited Liability Company and whose address is 3520 Valhalla Drive, Burbank, California 91505 (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 #23-813-0242 Parking Program ImplementationWayfinding Signage” 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” $191,908.13 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 1
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
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 7 through 9 of the TOWN's Project Specifications Invitation to Bid 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 one hundred and twenty (120) 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
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
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
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
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.
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
(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 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 amount of $191,908.13 each 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
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
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 one hundred and twenty (120) 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 one hundred and twenty (120) 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.
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
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.
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
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.
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
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:
Square Signs LLC dba Front Signs
3520 Valhalla Drive
Burbank, California 91505
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.
ITEM NO. 5.
Construction Agreement
Square Signs LLC dba Front Signs
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:
__Square Sign LLC dba Front Signs______
Address: __3520 Valhalla Drive________
__Burbank, CA 91505________________
Tax ID No. or SSAN:
By:
Title: _______________________________
By:
Title:
ITEM NO. 5.
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 above-bounden Principal has entered into a certain contract attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to wit:
Project # 23-813-0242 Parking Program Implementation-Wayfinding Signage 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 7
th May, 2024, 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.
ITEM NO. 5.
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 , 2024.
BY:
SQUARE SIGNS LLC dba FRONT SIGNS
(CORPORATE SEAL)
BY:
SURETY (Address and Phone No.)
(SURETY SEAL)
ITEM NO. 5.
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 above-bounden Principal has entered into a certain contract attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to wit:
Project # 23-813-0242 Parking Program Implementation-Wayfinding Signage 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 7
TH May, 2024, 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.
ITEM NO. 5.
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 , 2024.
BY:
SQUARE SIGNS LLC dba FRONT SIGNS
(CORPORATE SEAL)
BY:
SURETY (Address and Phone No.)
(SURETY SEAL)
ITEM NO. 5.
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: 05/07/2024
DATE: May 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute Agreements with the County of Santa Clara for:
a. AB 939 Implementation Fee Collection and Distribution; and b. Countywide Household Hazardous Waste (HHW) Collection Program to Augment Funding up to an Additional $94,219 to the Countywide HHW Program During Fiscal Year (FY) 2024/25
RECOMMENDATION:
Authorize the Town Manager to execute Agreements with the County of Santa Clara for:
a. AB 939 Implementation Fee Collection and Distribution (Attachment 1); and b. Countywide Household Hazardous Waste (HHW) Collection Program (Attachment 2) to augment funding up to an additional $94,219 to the Countywide HHW Program during Fiscal Year (FY) 2024/25.
BACKGROUND:
Responsible management of solid waste, including Hazardous Household Waste (HHW) is a requirement under Assembly Bill (AB) 939 and the California Integrated Waste Management Act. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 Agreement approves the Countywide collection of fees to facilitate safe and appropriate disposal or re-purposing of all wastes. Additionally, the Countywide HHW Agreement is designed to reduce and eventually eliminate the residential hazardous waste that is still sent to landfills countywide and to capture some of the hazardous waste that might otherwise be illegally dumped.
ITEM NO. 6.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute Agreements with the County of Santa Clara doe Household Hazardous Waste Programs
DATE: May 1, 2024
BACKGROUND (continued):
The Town, along with 14 other jurisdictions in the County of Santa Clara (County), executes the AB939 agreement (Attachment 1) to define the terms and conditions under which the County will collect and distribute the fee of $4.10 per ton of waste to be disposed in Fiscal Years 2025, 2026 and 2027. The fee is divided into two parts: $1.50 per ton assists in funding an integrated Waste Management Plan, and $2.60 per ton provides funding to implement the Countywide HHW Program.
The County executes the Agreement for Countywide Household Hazardous Waste Collection Program (Attachment 2) with the Town and each jurisdiction individually, which spells out the desire to use the collected $2.60 per ton fee to fund the Countywide HHW Program. This arrangement provides operational efficiency to jurisdictions as they do not each have to run their own HHW collection programs. The County HHW Program includes two permanent dropoff facilities for HHW as well as temporary events at various locations in the County periodically throughout the year.
Los Gatos residents use this drop-off service for the responsible disposal of unwanted HHW materials. Los Gatos’ portion of the fee is based on tons of materials being disposed of that originated in Los Gatos, including both regular accounts and construction and demolition debris. The County keeps track of the tonnage originating in Los Gatos and the fees collected on that tonnage and keeps a record of the jurisdiction of residence of each person who drops materials off at a HHW Program event. The County also tracks and reports on all the associated expenses for the Program. If the cost to serve Los Gatos’ participating residents exceeds the funds collected via the per ton disposal fee, Los Gatos is invoiced for the difference.
Each year the County provides its jurisdiction an estimate of the anticipated shortfall between collected fees and participation cost for the next fiscal year, which they call augmented funds.
To assure payment of the shortfall from each jurisdiction, the County creates an amendment to the agreement to identify the expected need for augmented funds. After the end of each fiscal year, the County tallies up actual collection and issues an invoice as appropriate.
DISCUSSION:
The County Board of Supervisors has approved reimposing the Countywide AB939 Implementation Fee for Fiscal Years 2025, 2026, and 2027 (July 1, 2024 through June 30, 2027).
The HHW Fixed Program Costs as reflected in Attachment B of Attachment 2 have increased from prior years to an amount not exceeding $5.07 per household.
ITEM NO. 6.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute Agreements with the County of Santa Clara doe Household Hazardous Waste Programs
DATE: May 1, 2024
DISCUSSION (continued):
The deadline to return the signed Agreement to the County is no later than June 10 in order for County staff to secure Board of Supervisors approval before the beginning of the next Fiscal Year.
CONCLUSION:
If authorized, this action will provide the agreements and resources needed for Los Gatos residents to participate in the County’s HHW program. This program is critical to the Town’s compliance with the State of California’s Solid Waste laws.
FISCAL IMPACT:
The amount of $94,219 for funding augmentation of the HHW Program is included as an expense in the Proposed FY 2024/25 Operating Budget within the Environmental Services Program. The amount is calculated based on anticipated resident participation from Los Gatos; actual funding augmentation for FY 2024/25 will be based on actual resident participation.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Agreement for Countywide AB939 Implementation Fee
2. Agreement for Countywide Hazardous Household Waste Collection Program
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2024. The term CITIES may refer to CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan; WHEREAS, State law, Public Resource Code Section 41750, requires that the countywide integrated waste management plans contain a household hazardous waste (“HHW”) element for each city within the county as well as for the unincorporated area of the county; WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board”) has imposed a Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the costs of preparing, adopting, and implementing integrated waste management plans and programs, including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2025, 2026, and 2027 (July 1, 2024 through June 30, 2027) at $4.10 per ton of waste landfilled or incinerated in the County; received at any nondisposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; and removed from any location in the County by any person or business for disposal or incineration outside the County; WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary to meet HHW planning and management requirements under State law;
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground or in any other manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and ATTACHMENT 1
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the unincorporated area of the County and will apportion the Fee according to the terms of this Agreement.
NOW THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton of waste to be disposed in Fiscal Years 2025, 2026 and 2027. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a Household Hazardous Waste Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among the CITIES and COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County.
Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara NonDisposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein.
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Recycling and Waste Reduction Division.
COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators.
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
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3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the fee if it is landfilled or incinerated in the County; received at any non-disposal facility or collection facility in the County and subsequently transported for disposal or incineration outside the County; collected from any location within the County by a solid waste hauler operating under franchise, contract, license, or permit issued by a local jurisdiction and subsequently transported for disposal or incineration outside the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Best efforts will be made to prevent tonnage from being assessed a double fee (for instance, once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the CITIES’ costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall be applied to fund the costs of CITIES’ share of Countywide Household Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this Agreement shall be used to fund the costs of preparing, adopting, and implementing the jurisdiction’s HHW element of the Countywide integrated waste management plan, including providing HHW services to residents.
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, selfinsurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement and as described in Exhibit D.
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES.
COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY’s sole negligence in the collection or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the AB939 Program Fee to CITIES and the HHW Program Fee to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin December 15, 2024, and continue quarterly through October 15, 2027.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or nondisposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing.
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12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY.
14. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all funds from the last quarter’s Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2024. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2027.
16. NOTICES
All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section.
City of
Contact:
Title:
Address:
County of Santa Clara
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Contact: Recycling and Waste Reduction Program Manager
Program: Integrated Waste Management Services
Address: 1553 Berger Drive, Building 1
San José, CA 95112
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17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees.
19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
20. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
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ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
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IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:
Date: COUNTY OF SANTA CLARA
JAMES R. WILLIAMS
County Executive
Date: CITY”
CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
Willie Nguyen
Deputy County Counsel
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Zanker Materials Processing Facility
Zanker Road Landfill
NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN
SANTA CLARA COUNTY
Butterick Enterprises Recyclery
California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility
ComCare Farms Composting Facility
Environmental Management Systems Facility
Green Waste Recovery Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Landfill Composting Facility
Pacific Coast Recycling, Inc.
Premier Recycling Facility
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility
Zanker Materials Processing Facility
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincorporated area, will receive $1.50 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide population, according to the latest available population report issued by the California Department of Finance.
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support planning and implementation of integrated waste management programs, including their HHW elements. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services.
Funds derived from the HHW Fee will be allocated among five types of CoHHW Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
B. San José Facility Use Surcharge will be apportioned based on CITIES’ anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José.
C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904.
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ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
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2. FIXED PROGRAM COST
Funds shall be allocated on a per household basis for Fixed Program Costs at the conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall be calculated shall not exceed $5.07 per household in Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, eleven (11) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit changes.
3. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05 per household are set forth in Attachment A, attached hereto and incorporated herein.
Any existing unexpended non-profit abandoned waste fund balance may be allocated toward funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904.
For the purposes of this agreement, a nonprofit charitable reuse organization has the definition provided in Public Resources Code Section 41904 as follows: “Nonprofit charitable reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.
4. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027. The total San José Facility Use Surcharge for CITY will be based on CITY’s participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $66.02 per car for Fiscal Years 2025, 2026, and 2027. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and San José Facility Use Surcharge are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction where the level of 4% is not reached the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of Fixed Program Cost, San José Facility Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES authorize the COUNTY to determine appropriate uses of available discretionary funding and to use CITIES’ Available Discretionary Funding portion of the AB939 HHW Fee to provide for additional HHW services requested by the CITIES.
7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in the County. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program, their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous Waste Collection Program. The COUNTY will distribute to CITIES not participating in the Countywide Household Hazardous Waste Collection Program their pro-rata share of funding received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend that portion of the non-participating CITIES’ fee attributable to Abandoned Waste Disposal Costs.
If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to allow residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES.
A CITIES’ representative must call the Countywide HHW Program appointment line to schedule
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this Agreement.
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT D
SECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 of the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.
COUNTY shall require Conditionally Exempt Small Quantity Generators (“CESQG”) and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
ITEM NO. 6.
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 1 of 27
AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement for Countywide Household Hazardous Waste Collection Program (“AGREEMENT”) is made by and between the (“CITY”) and the County of Santa Clara (“COUNTY”) on the day of 2024.
RECITALS
WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board of Supervisors”) has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the unincorporated areas of the Santa Clara County and cities and towns within Santa Clara County participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and
WHEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health and/or environmental hazard; and WHEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil-based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027); and WHEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the Board of Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027) on all wastes landfilled or incinerated within Santa Clara County, received at any non-disposal or collection facility located within Santa Clara County and subsequently transported for disposal or incineration outside of Santa Clara County, collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently ATTACHMENT 2
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 2 of 27
transported for disposal or incineration outside of Santa Clara County, or removed from any location in Santa Clara County by any person or business for disposal or incineration outside the county; and
WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous Waste Program and participating jurisdictions to fund HHW program costs in accordance with the terms of the Countywide AB939 Implementation Fee Agreement; and WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW Fee to provide HHW services for CITY residents.
NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this AGREEMENT is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into this AGREEMENT with the County.
2. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by COUNTY as part of the AB939 Implementation Fee and collected and distributed in accordance with the Agreement for Countywide AB939 Implementation Fee will be the primary source of funding for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions of this AGREEMENT.
Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San José Facility Use Surcharge will be apportioned based on CITY residents’ participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José, CA 95133.
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Agreement for Countywide Household
Hazardous Waste Collection Program Page 3 of 27
C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Section 41904 of California Public Resources Code.
The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein.
3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY’s proportional share of the County population and will not exceed $5.07 per household for Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes.
4. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $0.05 per household are set forth in Attachment A, attached hereto and incorporated herein.
For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is defined in accordance with Section 41904 of California Public Resources Code as follows: a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 4 of 27
5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027.
6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $66.02 per participating resident car for Fiscal Years 2025, 2026 and 2027. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in the CITY, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year.
7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of Available Discretionary Funding in accordance with the terms and conditions in this Agreement, and to apply the funding toward those uses.
8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system.
Administration and payment will be made in accordance with the Agreement for Countywide AB939 Implementation Agreement. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law
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Agreement for Countywide Household
Hazardous Waste Collection Program Page 5 of 27
to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing.
9. PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed, upon request, to cities within Santa Clara County and to Santa Clara County residents and businesses.
The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities:
• Serving as the formal contact to the local media such as local newspapers and television news stations;
• Providing participating jurisdictions with educational materials developed for the CoHHW Program;
• Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials.
CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities:
• Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing HHW promotion communications to residents for local and CITY newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of HHW promotion materials produced by the CITY;
• Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program; and • Providing the CoHHW Program a report summarizing all outreach activities conducted by the CITY during the fiscal year. The report is due 30 days after the end of the reporting period.
10. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 6 of 27
HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events.
When COUNTY conducts a Temporary HHW Event in CITY’s jurisdiction, CITY agrees to provide solid waste and recycling services at such event at no cost to the CoHHW Program to ensure the proper management of non-hazardous waste generated at the event. Any additional expenses for such event incurred beyond the agreed-upon budget shall be subject to negotiation and mutual agreement between the COUNTY and the CITY.
To increase the Community’s awareness of and participation in any Temporary HHW Event in CITY’s jurisdiction, the CITY agrees to promote, at the CITY’s sole expense, each such event to the residents at least thirty (30) days in advance before the scheduled date. The promotion may include, but is not limited to, bill inserts, door hangers, flyers, in-person outreach events, newsletters, press releases, public service announcements, social media, television public access stations, websites, etc.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF).
The CoHHWCF are located at:
♦ San Martin, 13055 Murphy Avenue, San Martin, CA 95046 ♦ San José, 1608 Las Plumas, San José, CA 95133
The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected.
12. RECYCLING AND DISPOSAL PROGRAM FOR VERY SMALL QUANTITY
GENERATORS
COUNTY will provide services to accept hazardous waste from Very Small Quantity Generators (VSQG) in accordance with Section 25218.3 of California Health and Safety Code, as amended from time to time. VSQG is defined in Section 25218.1(q) of California Health and Safety Code.
Eligible VSQGs include, but not limited to, small businesses, governmental entities, non-profit organizations, schools, special districts, etc. within the County so long as they meet the criteria as defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs will be allowed to bring their hazardous waste to CoHHWCF. These services to VSQGs located within the CITY will be provided on a cost recovery basis, which will include program administration,
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Agreement for Countywide Household
Hazardous Waste Collection Program Page 7 of 27
on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating VSQG.
The CITY may choose to pay for services for VSQG’s within the CITY and will notify the COUNTY in writing with 30-day advance notice in order to exercise this option. If the CITY exercises this option, the COUNTY will invoice the CITY for all costs associated with VSQG’s within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for VSQG costs.
13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee.
A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs.
B) NONPROFIT CHARITABLE REUSER
In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the available fund to pay for the disposal of the abandoned HHW from Nonprofit Charitable Reusers is exhausted, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs. No additional costs shall be applied to the budget of the CITY or any other participating jurisdiction.
14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as “Household Hazardous Waste” pursuant to Section 25218.1(d) of California Health and Safety Code, as amended from time to time. These materials include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals,
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 8 of 27
household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, electronic waste (e-waste), and other common hazardous consumer products.
15. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, biohazardous waste, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from VSQGs as provided for in Section 12 of this Agreement shall be accepted.
16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.
CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2025 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
CITY agrees to make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year. This interim payment shall be made no later than September 30th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement.
At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. / /
94,219.00
ITEM NO. 6.
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Hazardous Waste Collection Program Page 9 of 27
17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m, except for COUNTY-recognized holidays The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding.
18. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some participating jurisdictions in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2025 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service. The COUNTY determines the adequate number of collection days by tracking attendance at each event.
19. OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional programs using that outside funding without drawing on CITY’s funding provided under this Agreement.
20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity.
21. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.
The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 10 of 27
COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan.
COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from California Department of Toxic Substances Control and will handle wastes in accordance with applicable state laws and regulations. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis, and all payments shall be due COUNTY within 30 days following the receipt of the invoice.
22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment, and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions.
23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit E Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured.
24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services.
COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.
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Agreement for Countywide Household
Hazardous Waste Collection Program Page 11 of 27
It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate.
COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter.
25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program.
26. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident
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Hazardous Waste Collection Program Page 12 of 27
employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the participating jurisdictions and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.
COUNTY shall require VSQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The VSQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to VSQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party.
28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.
29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument.
31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
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Hazardous Waste Collection Program Page 13 of 27
32. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates.
33. NOTICES
All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing:
CITY of City Representative
Representative’s Title
City Address
County of Santa Clara Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, California 95112
34. CONTRACT EXECUTION
Unless otherwise prohibited by law or COUNTY policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the COUNTY.
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ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 14 of 27
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below:
Date: COUNTY OF SANTA CLARA
JAMES R. WILLIAMS
County Executive
Date: “CITY”
CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
WILLIE NGUYEN
Deputy County Counsel
Attachments:
A Projected Fiscal Years 2025, 2026, and 2027 AB939 HHW Fee Funding Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2025, 2026, and 2027 C HHW Schedule of Collection Events for Fiscal Year 2025 D Household Hazardous Waste Emergency Collection Plan
E Exhibit-E Insurance Requirements for Environmental Services Contracts
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 15 of 27
ATTACHMENT A: PROJECTED FISCAL YEARS 2025-2027 ANNUAL HHW FEE
FUNDING ALLOCATION BY JURISDICTION
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 16 of 27
ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS FOR FISCAL YEARS 2025, 2026, AND 2027
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 17 of 27
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027*
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 18 of 27
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* (Continued) *SUBJECT TO CHANGE
2025/Month Day Date Location Type of Event County Holidays/ Notes January Wed 1 No Event No Event NEW YEAR'S
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri 9,10 San Jose Permanent
Saturday 11 Sunnyvale Temporary TBD
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Thurs,Fri 23,24 San Jose Permanent
Saturday 25 Santa Clara Temporary TBD
Thurs,Fri 30,31 San Jose Permanent
February Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri 27,28 San Jose Permanent
March Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
April Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri, Sat 3,4,5 San Martin Permanent
Thurs,Fri 10,11 San Jose Permanent
Saturday 12 Los Altos Temporary TBD
Thurs,Fri 17,18 San Jose Permanent
Saturday 19 Sunnyvale Temporary TBD
Thurs,Fri 24,25 San Jose Permanent
Saturday 26 Santa Clara Temporary TBD
May Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri, Sat 1,2,3 San Martin Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Thurs,Fri 22,23 San Jose Permanent
Saturday 24 No Event No Event MEMORIAL DAY WEEKEND
Thurs,Fri,Sat 29,30,31 San Jose Permanent
June Thurs,Fri, Sat 5,6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri 12,13 San Jose Permanent
Saturday 14 Milpitas Temporary TBD
Thurs, Fri,Sat 19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 19 of 27
ATTACHMENT D:
COUNTY HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1. PURPOSE
The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction.
Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and California Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response.
2. Timing of HHW
While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster and cleanup process by the designated City HHW Coordinator(s) is essential.
3. Public Information/Notification:
Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public service announcements, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary.
4. State HHW Collection Permits
DTSC is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC through their expedited approval process.
5. Collection Events
Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a centralized
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 20 of 27
location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).
The following options are available to each participating City.
• Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility.
• Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.
• CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF.
The CoHHWCF are located at:
San Martin, 13055 Murphy Ave, San Martin, CA 95046
San Jose, 1608 Las Plumas, San Jose, CA 95133
6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs.
Services to businesses will be provided on a cost recovery basis and according to Section 12 of the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses.
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 21 of 27
7. State and Federal Assistance and Funds
It is the City’s responsibility to pursue reimbursement from State or Federal agencies.
California Governor’s Office of Emergency Services (Cal OES)
Cal OES is responsible for requesting assistan is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond ce on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from Cal OES.
Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. DTSC may have funding available for hazardous waste response and collection.
Federal Assistance
If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the Cal OES. Funding and assistance may be available from Federal agencies such as FEMA and the USEPA.
Damage estimates: The city should provide to the Cal OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or Cal OES contacts regarding the proper procedures and wording of requests for assistance.
Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from USEPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non-Emergency after-hours, contact County Communications at: (408) 977-3220
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 22 of 27
Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and VSQG services in consultation with the City and other operations.
Cal OES Public Safety Communications Main Office
601 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 894-5209
Cal OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non‑emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals.
ITEM NO. 6.
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 23 of 27
EXHIBIT E
INSURANCE REQUIREMENTS FOR
ENVIRONMENTAL SERVICES
CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any third party claim, liability, loss, injury or damage to the extent arising out of, or in connection with, performance of this AGREEMENT by Contractor and/or its agents or employees, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this AGREEMENT to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this AGREEMENT and does not prevail in that contest.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this AGREEMENT, or as may be further required herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this AGREEMENT, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate.
This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the AGREEMENT until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.
ITEM NO. 6.
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 24 of 27
Exhibit E (Continued)
C. Notice of Cancellation
Should any of the requested policies be cancelled before the expiration date, notice will be provided in accordance with policy provisions.
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000
2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest
3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:
Additional Insured Endorsement, (Commercial General Liability Additional Insured provided pursuant to Additional Insured Endorsement #1), which shall read:
“County of Santa Clara, and members of the Board of
Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara,
individually and collectively, as additional insureds provided pursuant to Additional Insured Endorsement Form #1.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided
ITEM NO. 6.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 25 of 27
Exhibit E (Continued)
under this policy. Public Entities may also be added to the Additional Insured Endorsement Form #1 as applicable by way of insurance addendum, and the contractor shall be notified by the contracting department of these requirements.
4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes.
5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.
6. Contractors Pollution Liability Insurance
Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite.
7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.)
a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim/aggregate.
b. If coverage contains a deductible or self-retention, it shall be reviewed and approved by the County’s Insurance Manager prior to contract execution.
c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this AGREEMENT.
ITEM NO. 6.
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 26 of 27
Exhibit E (Continued)
8. Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements).
b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. If coverage terminated Run-Off (Tail) coverage will be purchased for three (3) years following termination.
E. Special Provisions
The following provisions shall apply to this AGREEMENT:
1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this AGREEMENT, including but not limited to the provisions concerning indemnification.
2. The County acknowledges that some insurance requirements contained in this AGREEMENT may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this AGREEMENT. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.
3. Should any of the work under this AGREEMENT be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages.
4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.
ITEM NO. 6.
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 27 of 27
Exhibit E (Continued)
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this AGREEMENT, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this AGREEMENT, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this AGREEMENT, at the option of County.
ITEM NO. 6.
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: 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: 05/07/2024
DATE: May 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services to Increase the Contract Amount for Fiscal Year 2023/24 in the Amount of $55,000, for a Total Agreement Amount Not to Exceed $1,008,948 RECOMMENDATION:
Authorize the Town Manager to execute a fourth amendment to the Agreement for Services with St. Francis Electric, Inc. for traffic signal and streetlight maintenance and underground service alert locating services to increase the contract amount for Fiscal Year 2023/24 in the amount of $55,000, for a total agreement amount not to exceed $1,008,948.
BACKGROUND:
The Town of Los Gatos contracts services for the routine maintenance and repair of traffic signals and streetlights, and underground utility locating services relating the electric services within the Town’s jurisdiction. Traffic signal and streetlight contract services include repairs on an as-needed basis, periodic inspections, testing of the equipment, and lamp replacements.
Underground utility locating services involve responding to Underground Service Alert (USA) requests to identify and mark the Town’s underground infrastructure at construction sites prior to any digging operations. Staff has determined that contractual services are the most costeffective delivery method due to technical expertise and specialty equipment required for this work.
On September 15, 2020, the Town Council authorized the execution of a five-year Agreement for Services (FY 2020/21 through FY 2024/25) with St. Francis Electric, Inc. to provide
ITEM NO. 7.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services DATE: May 1, 2024
BACKGROUND:
traffic signal and streetlight repair and maintenance and USA locating services for a total agreement amount not to exceed $675,000 ($135,000 per year).
On August 3, 2021, the Town Council authorized a first amendment to the Agreement for an increase of $8,567 for FY 2020/21 to cover the cost overage from a high number of USA requests received for various development and Town capital improvement projects for a total agreement amount not to exceed $683,567.
On March 15, 2022, the Town Council authorized a second amendment to the Agreement for:
a) an increase of $67,000 for FY 2021/22 to cover cost overages for routine and response maintenance and USA requests; and b) an increase of $50,000 per year to the base compensation of the agreement ($150,000 total) for remaining three fiscal years. This resulted in a total agreement amount of $900,567.
On May 12, 2023, the Town Council authorized a third amendment to the Agreement for: a) an increase of $53,381 for FY 2022/23 to cover cost overages for response repair and maintenance services. This resulted in a total agreement amount of $953,948.
Attachment 2 contains all of the amendments in reverse chronological order and the original agreement. The table below depicts the original contract and amendment amounts, increasing the total five-year contract amount not to exceed $1,008,948.
Original Contract $675,000 Original Five Year Agreement First Amendment 8,567 For FY20/21 Services
Second Amendment 67,000
150,000
For FY 2021/22 Services and
For FY 2022/23 to FY 2024/25 Base Services
Third Amendment 53,381 For FY 2022/23 Services
Fourth Amendment
(Proposed) 55,000 For FY 2023/24 Services
Total $1,008,948 ----
DISCUSSION:
The service needs and resulting costs each fiscal year depend on the number of traffic signal and streetlight repair and maintenance calls and USA requests. The budget for response repair and maintenance services has been exhausted for this fiscal year, with pending invoices that
ITEM NO. 7.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services DATE: May 1, 2024
DISCUSSION (continued):
need to be paid. The Town encountered numerous traffic signal repair issues during this current fiscal year due to traffic crashes that damaged equipment; more funds are needed to replace and maintain traffic signal cabinets, conduits, wiring, and poles for the remainder of the fiscal year.
When an incident occurs, such as a traffic signal controller being damaged or a street light knock-down, the Town attempts to recover the cost of the repair from the driver’s insurance if the driver remains on scene. Those funds are then collected and transferred to the General Fund Appropriated Reserve (GFAR) so they can be used to fund the repairs conducted by St.
Francis. The contract with St. Francis needs to reflect the amount of funds needed for the repairs.
This fourth amendment is for an additional $55,000 for the response maintenance repairs needed for the remainder of FY 2023/24 to continue the contract services by St. Francis Electric without disruptions.
CONCLUSION:
Staff recommends Town Council authorization of the fourth contract amendment for the traffic signal and streetlight repair services would allow St. Francis Electric to continue providing the contract services in FY 2023/24. At this time, the amount allocated for FY 2024/25 should be sufficient to meet the service needs in the last year of this Agreement.
COORDINATION:
This report was coordinated with the Finance Department.
FISCAL IMPACT:
There are sufficient funds available in the FY2023/24 Parks and Public Works Street Program Operating Budget for the contract amendment.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Fourth Amendment to Agreement for Services with St. Francis Electric, Inc.
2. Exhibit A to Attachment 1 Containing the Amendments in Reverse Chronological Order and the Original Agreement
ITEM NO. 7.
St. Francis Electric – Fourth Amendment to Agreement for Services
FOURTH AMENDMENT TO AGREEMENT FOR SERVICES
This FOURTH AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification on this 7
th day of May 2024 and amends that certain THIRD AMENDMENT TO AGREEMENT FOR SERVICES dated June 6, 2013, made by and between the TOWN OF LOS GATOS, ("Town,") and ST.
FRANCIS ELECTRIC, (“Service Provider”) identified as a Partnership and whose address is 975 Carden Street, San Leandro, CA 94577.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on September 15, 2020 (“Agreement”), a First Amendment to Agreement for Services on July 22, 2021, a Second Amendment to Agreement for Services on March 15, 2022, a Third Amendment to Agreement for Services on June 6, 2023, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the compensation of the agreement.
AMENDMENT
1. Section 2.6 Compensation is amended to read as follows:
Additional compensation for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services for Fiscal Year 2023/24 shall be increased by $55,000 for a total agreement amount not to exceed $1,008,948. Payment shall be based upon Town approval of each task.
2. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
ITEM NO. 7.
St. Francis Electric – Third Amendment to Agreement for Services IN WITNESS WHEREOF, the Town and Supplier have executed this Amendment.
Town of Los Gatos by: St. Francis Electric, by:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Guy Smith, Vice President Recommended by: Approved as to Form:
__________________________________ ______________________________ Nicolle Burnham Gabrielle Whelan, Town Attorney
Parks and Public Works Director
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
ITEM NO. 7.
St. Francis Electric – Third Amendment to Agreement for Services
THIRD AMENDMENT TO AGREEMENT FOR SERVICES
This THIRD AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 6 th
day of June 2023 and amends that certain SECOND AMENDMENT TO AGREEMENT FOR SERVICES dated March 15, 2012, made by and between the TOWN OF LOS GATOS, ("Town,") and ST.
FRANCIS ELECTRIC, (“Service Provider”) identified as a Partnership and whose address is 975 Carden Street, San Leandro, CA 94577.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on September 15, 2020 (“Agreement”), a First Amendment to Agreement for Services on July 22, 2021, a Second Amendment to Agreement for Services on March 15, 2022, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the compensation and to add the minimum scope of insurance of the agreement.
AMENDMENT
1. Section 2.6 Compensation is amended to read as follows:
Additional compensation for Response Maintenance Repair Services for Fiscal Year 2022/23 shall be increased by $53,381 for a total agreement amount not to exceed $953,948. Payment shall be based upon Town approval of each task.
2. Section 3.1 Minimum Scope of Insurance is amended to read as follows:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than:
two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
3. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D
EXHIBIT A
ATTACHMENT 2
ITEM NO. 7.
St. Francis Electric – Third Amendment to Agreement for Services IN WITNESS WHEREOF, the Town and Supplier have executed this Amendment.
Town of Los Gatos by: St. Francis Electric, by:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Guy Smith, Vice President Recommended by: Approved as to Form:
__________________________________ ___________________________________ Nicolle Burnham Gabrielle Whelan, Town Attorney
Parks and Public Works Director
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D
ITEM NO. 7.
St. Francis Electric – Second Amendment to Agreement for Services
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 15th day of March 2022 and amends that certain AGREEMENT FOR SERVICES dated September 15, 2020, and FIRST AMENDMENT TO AGREEMENT dated July 22, 2021, made by and between the TOWN OF LOS GATOS, ("Town,") and ST. FRANCIS ELECTRIC, (“Service Provider”).
RECITALS
A. Town and Service Provider entered into an Agreement for Services on November 1, 2020 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. Town and Service Provider entered into First Amendment to the Agreement for Services on August 3, 2021 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment.
C. Town desires to make second amendment to the Agreement to the compensation for Services in Fiscal Year 2021/22 and Fiscal Years 2022/23 through Fiscal Year 2024/25.
AMENDMENT
1. 2.6 Compensation is amended to read as follows:
For Fiscal year 2021/22, the annual compensation for Services shall be increased by $67,000 for a total annual amount of $202,000; and
For Fiscal Year 2022/23 to Fiscal Year 2024/25, the annual compensation for Services shall be increased by $50,000 for a total annual amount of $185,000 for the three fiscal years, for a total revised contract amount not to exceed $900,567.
2. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
EXHIBIT A
DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D
ITEM NO. 7.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos, by: St. Francis Electric, by:
______________________________
______________________________
Name/Title
_______________________________
Laurel Prevetti
Town Manager
Recommended by:
__________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form:
__________________________________
Robert Schultz, Town Attorney
Attest:
__________________________________
Shelley Neis, MMC, CPMC, Town Clerk
St. Francis Electric – Second Amendment to Agreement for Services DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B 4/15/2022
Guy Smith / Vice President
4/16/2022
4/22/2022
4/25/2022
4/25/2022
DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D
ITEM NO. 7.
DocuSign Envelope ID: 8756FFA3-F4F2-4F75-8155-84AEB3348A67
FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 22nd day of July 2021 and amends that certain AGREEMENT FOR SERVICES dated June 5, 2018, made by and between the TOWN OF LOS GATOS, ("Town,") and ST. FRANCIS ELECTRIC, ("Service Provider'').
RECITALS
A. Town and Service Provider entered into an Agreement for Services on November 1, 2020 ("Agreement"), a copy of which is attached hereto and incorporated by reference .as Attachment 1 to this Amendment.
B. Town desires to amend the Agreement to the compensation of the agreement for Fiscal Year 2020/21 for Underground Service Alert (USA) Locating Services.
AMENDMENT
1. 2.6 Compensation is amended to read as follows:
• Compensation for Underground Service Alert (USA) Locating Services for Fiscal Year 2020/21 shall be increased in an amount of $8,567, for a total of $143,567, for a total revised contract amount not to exceed $683,567.
2. All other terms and conditions of the Agreement remain in full force and effect.
St. Francis Electric- First Amendment to Agreement for Services
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D
ITEM NO. 7.
DocuSign Envelope ID: 8756FFA3- F4F2-4F75-8155-84AEB3348A67 8/3/2021
8/3/2021
8/3/2021
8/4/2021
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ITEM NO. 7.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 15th of September 2020, and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and St. Francis Electric (“Service Provider”), whose address is 975 Carden St., San Leandro, CA. 94577. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.
1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Town desires to engage Service Provider to provide a comprehensive Street Lighting and Traffic Signal Preventive Maintenance and Repair Services.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.
II. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on August 26, 2020, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. The effective date of this Agreement shall begin November 1, 2020 and will continue through June 30, 2025, subject to appropriation of funds, notwithstanding any other provision in this agreement.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
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ITEM NO. 7.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation:
Compensation for year one shall not exceed $135,000. Compensation for future years will be the base cost of $135,000 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. If the CPI indicates a downward adjustment, compensation would remain at the base amount. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
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ITEM NO. 7.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement.
Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement.
Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D
ITEM NO. 7.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider.
ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
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ITEM NO. 7.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D
ITEM NO. 7.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider. In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B DocuSign Envelope ID: B2AC6380-8C09-4683-B990-AAD2A8CDB40D
ITEM NO. 7.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID.
Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
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ITEM NO. 7.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Service Provider:
St. Francis Electric
975 Carden St.
San Leandro, CA. 94577
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
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ITEM NO. 7.
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
_________________________________
Laurel Prevetti, Town Manager
Recommended by:
________________________________________
Matt Morley, Director of Parks and Public Works
St. Francis by:
_______________________________________
_______________________________________
Title
Approved as to Form:
_____________________________________
Robert Schultz, Town Attorney
Attest:
______________________________________
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 9/30/2020
Vice President
9/30/2020
10/6/2020
10/6/2020
10/6/2020
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ITEM NO. 7.
Signals Streetlights RFP Cost Summary 2020
Attachment 2: Signals/Streetlights Quote Summary 2020 St. Francis Electric Basic Services
Bid Monthly
Item Location Description Unit Price Quantity Cost
1 Los Gatos Street Light Maintenance $1.10 1600 $1,760
2 Los Gatos Traffic Signal PM $120.00 31 $3,720
3 Los Gatos Parking Lot Light Maintenance $1.10 119 $131 4 Los Gatos USA Locating $140.00
5 6
7 8
9 Monthly Total $5,611
Annual Total $67,331
Additional Services T & M Per Hour
10 11
12 13
EXHIBIT A
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ITEM NO. 7.
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, 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: 05/07/2024
DATE: May 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813- 9921):
a. Award and Authorize the Town Manager to Execute a Public Works Contract with Villalobos and Associates in the Amount of $409,480; b. Authorize Town Manager to Execute Change Orders in an Amount Not to Exceed Ten Percent (10%) of the Contract Award Amount;
c. Authorize an Expenditure Budget Transfer in an Amount of $185,331 from the Annual Street Repair and Resurfacing Project (CIP No. 811-9901); and d. Approve the Project Construction Plans as Required by Government Code 830.6 – Design Immunity
RECOMMENDATION:
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Award and authorize the Town Manager to execute a public works contract with Villalobos and Associates (Attachment 1) in the amount of $409,480; b. Authorize Town Manager to execute change orders in an amount not to exceed ten percent (10%) of the contract award amount;
c. Authorize an Expenditure Budget Transfer in an amount of $185,331 from the Annual Street Repair and Resurfacing Project (CIP No. 811-9901); and
d. Approve the Project Construction Plans as required by Government Code 830.6 – Design Immunity
BACKGROUND:
The adopted Fiscal Year (FY) 2023/24-2027/28 Capital Improvement Program (CIP) Budget designates funding for the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project
ITEM NO. 8.
PAGE 2 OF 5
SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) DATE: May 1, 2024
BACKGROUND (continued):
(CIP No. 813-9921). The goal of this annually funded project is to replace and improve damaged or outdated curbs, gutters, sidewalks, driveways, and curb ramps within the Town’s jurisdiction to address safety and operational issues and to improve accessibility.
For the 2024 Annual Curb, Gutter, and Sidewalk Maintenance (Concrete) Project, a large portion of the work focuses on replacing or retrofitting curb ramps for compliance with the Americans with Disabilities Act (ADA) and other accessibility requirements. Title II of the ADA obligates jurisdictions to upgrade non-conforming curb ramps when streets are resurfaced from one intersection to another. The United States Department of Justice has determined that surface treatments such asphalt overlay, rubber cape seal, and micro-surfacing trigger the requirement for ADA compliant curb ramps on associated streets.
DISCUSSION:
The 2024 project was advertised for bid on Friday, March 8, 2024. On April 3, 2024, bid packages were opened and two contractors submitted bids: RK Engineering and Villalobos and Associates. A summary of bid results is presented in Table 1 with Villalobos as the apparent low bidder. A completed Bid Summary is in Attachment 2.
Table 1. Bid Summary for 2024 Curb, Gutter, Sidewalk (CIP No. 813-9921) Base Bid Add. Alt. 1 Add. Alt. 2 Total Bid
Amount
Engineer’s Estimate $454,000.00 $60,000.00 $23,400.00 $537,400.00 RK Engineering $453,140.00 $69,250.00 $25,720.00 $548,110.00 Villalobos and Associates $349,670.00 $42,300.00 $17,510.00 $409,480.00 Following the bid opening, the Town received a Letter of Bid Advisory from the Foundation for Fair Contracting (FFC) (Attachment 3). In the letter, FFC made four specific allegations against Villalobos and Associates. Specifically:
Ongoing Violations of Prevailing Wage Laws Resulting in Wage Theft Failure to Comply with Bid Specifications/Unfair Competitive Advantage Failure to Comply with Workforce Development and Formal Apprenticeship Programs Occupational Safety and Health Administration (OSHA) Violations Resulting in Fines Issued and Upheld
ITEM NO. 8.
PAGE 3 OF 5
SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) DATE: May 1, 2024
DISCUSSION (continued):
In response to the letter, staff met with Villalobos and Associates on April 16. In addition, Villalobos has provided a written response (Attachment 4). The concerns raised in FFC’s letter have been reviewed by staff and evaluated independently based on the discussions with Villalobos. Staff has determined that Villalobos had reasonable responses to each of the allegations, and that they have put measures in place to ensure that these issues will not occur on this job. The discussion of the allegations follows:
1) Prevailing wage violations: Complaints of prevailing wage violations were made with regard to projects in Saratoga and Morgan Hill. For the Saratoga matter, Villalobos paid a penalty. The Morgan Hill matter is currently being investigated by the Department of Labor Standards Enforcement. A determination has not been made. Villalobos has taken recent steps to assure internal compliance with prevailing wage tracking, and assured Town staff that it will comply with prevailing wage laws. This requirement is described in Section 7.2, Prevailing Wage, in the draft contract between the Town and Villalobos and Associates.
2) Failure to Comply with Bid Specifications/Unfair Competitive Advantage: Town staff does not have any evidence that this has occurred with the Town’s bid on this project or in other jurisdictions
3) Failure to Comply with Workforce Development and Formal Apprenticeship Programs:
A complaint regarding failure to employ apprentices in another jurisdiction are currently being investigated by the Department of Labor Standards Enforcement. A determination has not been made. The Department of Industrial Relations (DIR) requires all public works contracts valued at $30,000 or more to carry an obligation to hire apprentices. Villalobos has assured Town staff that it will comply with the State’s apprenticeship requirements. This requirement is specified by the DIR, and Section 7.3, DIR Registration, requires the contractor to register with DIR for this project. 4) OSHA Violations: In reviewing the FFC allegations and bid documents submitted by Villalobos and Associates to the Town, staff noted that Villalobos had not claimed any past OSHA or Cal OSHA violations even though there had been a previous determination of an OSHA violation in another jurisdiction. Villalobos stated that this was an administrative oversight by the individual who filled out the bid form. If a future OSHA violation is filed for work being done in Los Gatos or another jurisdiction while Villalobos and Associates is under contract with the Town, the draft agreement includes language that requires the firm to notify the Town immediately of the violation. This error in the bid documents does not cause the bid to be unresponsive.
ITEM NO. 8.
PAGE 4 OF 5
SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) DATE: May 1, 2024
DISCUSSION (continued):
Based on the meeting with Villalobos and the follow up letter, staff believes that Villalobos is working to rectify these issues. In addition, the draft agreement with Villalobos and Associates contains safeguards to address all of the issues raised in the FFC letter. Villalobos and Associates was also awarded the Town’s 2021 Curb, Gutter, and Sidewalk contract and completed the work without incident or issue. Based on this, staff recommends that the Town proceed with award to Villalobos and Associates.
During execution of the contract, PPW staff monitors work site safety consistent as the Department does with all contractors that perform Town-funded work. While the Town is not responsible for verifying that the correct wages are paid to the contractor’s employees, Town staff are responsible for verifying the appropriate records are submitted to the State of California for their review, and this will be completed for the Villalobos contract.
Government Code 830.6 – Design Immunity states that neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body. Since this project was not brought to Town Council with a request to bid, at which time approval of the construction plans would have taken place, staff requests that the Town Council also approve the construction plans for this project. The project construction plans can be found at the following link: https://www.losgatosca.gov/108/Capital-Improvement-Program CONCLUSION:
The proposed actions would allow the Town to proceed with executing an agreement for construction services with Villalobos and Associates to complete the annual curb, gutter and sidewalk work within the Town.
COORDINATION:
This memorandum has been coordinated with the Finance Department and the Town Attorney’s Office.
ITEM NO. 8.
PAGE 5 OF 5
SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) DATE: May 1, 2024
FISCAL IMPACT:
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA as being Categorically Exempt (Section 15301(c)). A Notice of Exemption has been filed.
Attachments:
1. Construction Agreement with Exhibit A - Bid Summary
2. Bid Summary
3. Bid Advisory Letter from Foundation for Fair Contracting
4. Villalobos Response to FFC Claims
Budget Costs
GFAR $ 451,332
Budget Transfer (Approved by Town Council on 11/21/23) $ (5,500) Budget Transfer (Approved by Town Council on 12/19/23) $ (35,150) Budget $ 410,682
2023 Project Construction Costs (7/1/23-7/3/23 Service) $ 89,535 Contract with Precision Concrete for Additional Sidewalk Repair Services $ 44,000 Misc. Expenses $ 50
Costs to Date $ 133,585
Current Available Balance $ 277,097
GFAR $ 277,097
Transfer from CIP #411-811-9901 - Annual Street Repair and Resurfacing (Proposed with this Staff Report) $ 185,331
Budget $ 462,428
Construction - Public Works Contract (Requested with this Staff Report) $ 409,480 Construction Contingency - Public Works Contract (10%) $ 40,948 Temporary/Part-Time Staff $ 12,000
Additional Costs Proposed in this Staff Report $ 462,428 Available Balance $ -
Curb, Gutter, and Sidewalk Maintenance Project 2024
CIP No. 813-9921
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project CONTRACT Project #813-9921 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the Town of Los Gatos (“Town”) and Villalobos & Associates (“Contractor”), for work on the FY 2023/24 Curb, Gutter, and Sidewalk Maintenance Project (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On April 2, 2024, Town authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment and Performance Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Potential Award;
2.12 Notice to Proceed;
2.13 Locations of Work (Appendix A); and
2.14 Standard Plans (Appendix B); and
2.15 The 2010 Caltrans Standard Specifications, as revised.
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. Should the contractor receive any violations from OSHA on this project, the contractor is required to notify the Town immediately.
ATTACHMENT 1
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project CONTRACT Project #813-9921 Page 2
4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, Town will pay Contractor $409,480 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 40 Working Days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, Town will assess liquidated damages in the amount of $2,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from Town’s payments due or to become due to Contractor under this Contract.
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. Town may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.
8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project CONTRACT Project #813-9921 Page 3
9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any Town ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of Town and are not entitled to participate in any health, retirement, or any other employee benefits from Town.
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file.
Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:
Town:
Parks and Public Works
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Attn: Nicolle Burnham, Parks and Public Works Director
[email protected]
Copy to: Janice Chin, Assistant Engineer
[email protected]
Contractor:
Name:___ Villalobos & Associates______________
Address:___________________________________
Town/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________
12. General Provisions.
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project CONTRACT Project #813-9921 Page 4
12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without Town’s written consent. This Contract is binding on Contractor’s and Town’s lawful heirs, successors and permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.
Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between Town and Contractor.
12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.]
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project CONTRACT Project #813-9921 Page 5
The parties agree to this Contract as witnessed by the signatures below:
TOWN: Approved as to form:
s/_______________________________ s/__________________________________ _Laurel Prevetti, Town Manager______ _Gabrielle Whelan, Town Attorney______ Name, Title Name, Title
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_Wendy Wood, CMC, Town Clerk______
Name, Title
Date: ___________________________
CONTRACTOR: __ Villalobos & Associates __
Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project CONTRACT Project #813-9921 Page 6
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)
END OF CONTRACT
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project PAYMENT BOND Project #813-9921 Page 7
Payment Bond
The Town of Los Gatos (“Town”) and __ Villalobos & Associates __ (“Contractor”) have entered into a contract for work on the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to Town as obligee in an amount not less than $409,480, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants.
This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. Town waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:
Attn: _________________________________________________ Address: ______________________________________________ Town/State/Zip: ________________________________________ Phone: _______________________________________________
Email: ________________________________________________
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project PAYMENT BOND Project #813-9921 Page 8
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place.
Surety will be responsible for Town’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project PAYMENT BOND Project #813-9921 Page 9
7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__.
SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
___ Villalobos & Associates ____________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY TOWN:
s/ __________________________________ ______________________________ Date
Nicolle, Burnham, Director of Parks and Public Works
Name, Title
END OF PAYMENT BOND
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project PERFORMANCE BOND Project #813-9921 Page 10
Performance Bond
The Town of Los Gatos (“Town”) and ___ Villalobos & Associates ___ (“Contractor”) have entered into a contract for work on the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to Town as obligee for an amount not less than $409,480 to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect.
3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.
4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, Town will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by Town to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which Town is entitled under the terms of the Contract.
5. Contractor Default. Upon written notification from Town of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:
5.1 Arrange for completion of the Work under the Contract by Contractor, with Town’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project PERFORMANCE BOND Project #813-9921 Page 11
5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to Town, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or
5.3 Waive its right to complete the Work under the Contract and reimburse Town the amount of Town’s costs to have the remaining Work completed.
6. Surety Default. If Surety defaults on its obligations under the Bond, Town will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.
7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:
Attn: _________________________________________________ Address: ______________________________________________ Town/State/Zip: ________________________________________ Phone: _______________________________________________
Fax: __________________________________________________ Email: ________________________________________________
8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place.
Surety will be responsible for Town’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___.
SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
ITEM NO. 8.
2024 Annual Curb, Gutter, and Sidewalk Maintenance Project PERFORMANCE BOND Project #813-9921 Page 12
CONTRACTOR:
___ Villalobos & Associates ___________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY TOWN:
s/ __________________________________ ______________________________ Date
Nicolle, Burnham, Director of Parks and Public Works
Name, Title
END OF PERFORMANCE BOND
ITEM NO. 8.
Town of Los Gatos Parks and Public Works Department
#813-9921 2024 Annual Curb, Gutter, and Sidewalk Maintenance BASE BID:
ITEM
NO ITEM DESCRIPTION UNIT EST.QTY.
UNIT
PRICE EXTENSION
1. Traffic Control L.S. 1 $7,000.00 $7,000.00
2. Adjust Utility to Grade (Revocable) Ea. 1 $250.00 $250.00
3. Clearing and Grubbing L.S. 1 $7,000.00 $7,000.00
4. Remove and Replace Curb and Gutter L.F. 1,000 $60.00 $60,000.00
5. Remove and Replace Rolled Curb L.F. 50 $56.00 $2,800.00
6. Remove and Replace Sidewalk S.F. 400 $19.00 $7,600.00
7. Remove and Replace Cross Gutter
(Revocable) S.F. 50 $54.00 $2,700.00
8. Remove and Replace Hardscape
(Revocable) S.F. 100 $20.00 $2,000.00
9. Remove and Replace Commercial Concrete
Driveway (Revocable) S.F. 200 $23.00 $4,600.00
10. Remove and Replace Residential Concrete
Driveway S.F. 180 $22.00 $3,960.00
11. Install New Curb Ramp-Case B Ea. 24 $5,300.00 $127,200.00
12. Install New Curb Ramp-Case C Ea. 15 $5,300.00 $79,500.00
13. Install New Curb Ramp-Case F Ea. 3 $5,300.00 $15,900.00
14. Install New Curb Ramp-Case G Ea. 2 $5,300.00 $10,600.00
15. Install New Curb Ramp-Type B Passageway Ea. 2 $4,500.00 $9,000.00
16. Paint Red Curb (Revocable) L.F. 100 $5.00 $500.00
17. Remove and Replace Tree (Revocable) Ea. 4 $2,000.00 $8,000.00
18. Install Root Barrier L.F. 60 $11.00 $660.00
19. Remove and Install New Sign and Post
(Revocable) Ea. 2 $200.00 $400.00
BASE BID
TOTAL $349,670.00
ADD. ALTERNATE 1:
ITEM
NO ITEM DESCRIPTION UNIT EST.
QTY.
UNIT
PRICE EXTENSION
A1.1. Remove and Replace Curb and Gutter L.F. 90 $60.00 $5,400.00 A1.2. Remove and Replace Sidewalk S.F. 1,200 $19.00 $22,800.00 Villalobos & Associates
Villalobos & Associates
EXHIBIT A
ITEM NO. 8.
A1.3. Remove and Replace Hardscape S.F. 100 $20.00 $2,000.00 A1.4. Remove and Replace Residential Concrete
Driveway S.F. 550 $22.00 $12,100.00
ADD. ALT. 1
TOTAL $42,300.00
ADD. ALTERNATE 2:
ITEM
NO ITEM DESCRIPTION UNIT EST.
QTY.
UNIT
PRICE EXTENSION
A2.1. Remove and Replace Curb and Gutter L.F. 80 $60.00 $4,800.00 A2.2. Remove and Replace Sidewalk S.F. 390 $19.00 $7,410.00 A2.3. Install New Curb Ramp-Case G Ea. 1 $5,300.00 $5,300.00 ADD. ALT. 2
TOTAL $17,510.00
GRAND TOTAL $409,480.00
Villalobos & Associates
ITEM NO. 8.
Town of Los Gatos Parks and Public Works Department
#813-9921 2024 Annual Curb, Gutter, and Sidewalk Maintenance Certified Bid Tabulation Bid Opening: April 3, 2024 at 3:00 pm BASE BID:
ITEM
NO ITEM DESCRIPTION UNIT EST.QTY.
UNIT
PRICE EXTENSION UNITPRICE EXTENSION UNITPRICE EXTENSION
1. Traffic Control L.S. 1 $20,000.00 $20,000.00 $7,000.00 $7,000.00 $40,000.00 $40,000.00
2. Adjust Utility to Grade (Revocable) Ea. 1 $1,000.00 $1,000.00 $250.00 $250.00 $1,500.00 $1,500.00
3. Clearing and Grubbing L.S. 1 $15,000.00 $15,000.00 $7,000.00 $7,000.00 $5,000.00 $5,000.00
4. Remove and Replace Curb and Gutter L.F. 1,000 $120.00 $120,000.00 $60.00 $60,000.00 $125.00 $125,000.00
5. Remove and Replace Rolled Curb L.F. 50 $30.00 $1,500.00 $56.00 $2,800.00 $150.00 $7,500.00
6. Remove and Replace Sidewalk S.F. 400 $20.00 $8,000.00 $19.00 $7,600.00 $32.00 $12,800.00
7. Remove and Replace Cross Gutter
(Revocable) S.F. 50 $40.00 $2,000.00 $54.00 $2,700.00 $62.00 $3,100.00
8. Remove and Replace Hardscape
(Revocable) S.F. 100 $60.00 $6,000.00 $20.00 $2,000.00 $35.00 $3,500.00
9. Remove and Replace Commercial Concrete
Driveway (Revocable) S.F. 200 $50.00 $10,000.00 $23.00 $4,600.00 $45.00 $9,000.00
10. Remove and Replace Residential Concrete
Driveway S.F. 180 $35.00 $6,300.00 $22.00 $3,960.00 $38.00 $6,840.00
11. Install New Curb Ramp-Case B Ea. 24 $6,000.00 $144,000.00 $5,300.00 $127,200.00 $4,000.00 $96,000.00
12. Install New Curb Ramp-Case C Ea. 15 $6,000.00 $90,000.00 $5,300.00 $79,500.00 $4,900.00 $73,500.00
13. Install New Curb Ramp-Case F Ea. 3 $6,000.00 $18,000.00 $5,300.00 $15,900.00 $4,600.00 $13,800.00
14. Install New Curb Ramp-Case G Ea. 2 $6,000.00 $12,000.00 $5,300.00 $10,600.00 $4,800.00 $9,600.00
15. Install New Curb Ramp-Type B Passageway Ea. 2 $6,000.00 $12,000.00 $4,500.00 $9,000.00 $5,500.00 $11,000.00
16. Paint Red Curb (Revocable) L.F. 100 $10.00 $1,000.00 $5.00 $500.00 $18.00 $1,800.00
17. Remove and Replace Tree (Revocable) Ea. 4 $5,000.00 $20,000.00 $2,000.00 $8,000.00 $7,000.00 $28,000.00
18. Install Root Barrier L.F. 60 $300.00 $18,000.00 $11.00 $660.00 $50.00 $3,000.00
19. Remove and Install New Sign and Post
(Revocable) Ea. 2 $600.00 $1,200.00 $200.00 $400.00 $1,100.00 $2,200.00
BASE BID
TOTAL $506,000.00 BASE BID
TOTAL $349,670.00 BASE BID
TOTAL $453,140.00
ADD. ALTERNATE 1:
ITEM
NO ITEM DESCRIPTION UNIT EST.
QTY.
UNIT
PRICE EXTENSION UNIT
PRICE EXTENSION UNIT
PRICE EXTENSION
A1.1. Remove and Replace Curb and Gutter L.F. 90 $120.00 $24,000.00 $60.00 $5,400.00 $125.00 $11,250.00 A1.2. Remove and Replace Sidewalk S.F. 1,200 $20.00 $10,800.00 $19.00 $22,800.00 $28.00 $33,600.00 A1.3. Remove and Replace Hardscape S.F. 100 $60.00 $6,000.00 $20.00 $2,000.00 $35.00 $3,500.00 A1.4. Remove and Replace Residential Concrete
Driveway S.F. 550 $35.00 $19,250.00 $22.00 $12,100.00 $38.00 $20,900.00 ADD. ALT. 1
TOTAL $60,050.00 ADD. ALT. 1
TOTAL $42,300.00 ADD. ALT. 1 TOTAL $69,250.00
Engineer's Estimate Villalobos & Associates
Engineer's Estimate Villalobos & Associates RK Engineering RK Engineering
ITEM NO. 8.
Town of Los Gatos Parks and Public Works Department
#813-9921 2024 Annual Curb, Gutter, and Sidewalk Maintenance Certified Bid Tabulation Bid Opening: April 3, 2024 at 3:00 pm ADD. ALTERNATE 2:
ITEM
NO ITEM DESCRIPTION UNIT EST.QTY.
UNIT
PRICE EXTENSION UNITPRICE EXTENSION UNITPRICE EXTENSION A2.1. Remove and Replace Curb and Gutter L.F. 80 $120.00 $9,600.00 $60.00 $4,800.00 $125.00 $10,000.00 A2.2. Remove and Replace Sidewalk S.F. 390 $20.00 $7,800.00 $19.00 $7,410.00 $28.00 $10,920.00 A2.3. Install New Curb Ramp-Case G Ea. 1 $6,000.00 $6,000.00 $5,300.00 $5,300.00 $4,800.00 $4,800.00 ADD. ALT. 2
TOTAL $23,400.00 ADD. ALT. 2 TOTAL $17,510.00 ADD. ALT. 2 TOTAL $25,720.00 GRAND TOTAL $589,450.00 GRAND TOTAL $409,480.00 GRAND TOTAL $548,110.00 This certifies that all bids were received and opened on April 3, 2024 and that this is a copy of the bid tabulation with bids corrected for errors in addition and multiplication. By: J. Chin, Assistant Engineer
Engineer's Estimate Villalobos & Associates RK Engineering
ITEM NO. 8.
VIA EMAIL – [email protected]
April 6, 2024
Janice Chin
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
RE: BID ADVISORY
Bidder(s): Villalobos & Associates, Inc.
Awarding Agency: Tow of Los Gatos
Project: 2024 Annual Curb, Gutter, and Sidewalk Maintenance FFC Case No.: 1209SJ
Dear Ms. Chin:
The Foundation for Fair Contracting (FFC) is a nonprofit organization which has been serving the public interest since 1985. The objective of the FFC is, in-part, to monitor for compliance with prevailing wage laws pertaining to the construction industry, educate industry stakeholders, and ensure a fair and level playing field is present for all contractors. Unbalanced bids raise questions in regard to performance and compliance with the rules and regulations for the payment of prevailing wages, and the safety and well-being of the workforce. It further opens the question of excessive future change orders, the fairness to and rights of other bidders in the bidding process, and the intent of the bidding process in general.
In deference to all bidders and in order for the public interest to best be served, please enter this formal bid advisory against the above-noted contractors as a matter of public record. We respectfully request that Villalobos & Associates, Inc. (Villalobos) bid be rejected for the following reasons:
• ONGOING VIOLATIONS OF PREVAILING WAGE LAWS RESULTING IN WAGE THEFT
Villalobos has committed infractions/violations which have resulted in willful circumvention of the laws and regulations governing the payment of prevailing wages, including, but not limited to, violations resulting in wage theft and non-compliance with apprenticeship laws. Audits have been performed by the State of California, Division of Labor Standards Enforcement (DLSE), Labor Commissioner’s office, finding wages owed to workers. We have provided supporting documentation for your review.
Furthermore, Villalobos is currently under investigation by our offices and the State of California, Division of Labor Standards Enforcement (DLSE), Labor Commissioner’s office in connection with issues provided below. We have provided supporting documentation for your review.
▪ Misclassifications resulting in underpayments.
▪ Failure to comply with overtime requirements.
ATTACHMENT 3
ITEM NO. 8.
Janice Chin
Town of Los Gatos
April 6, 2024
▪ Failure to comply with apprenticeship requirements.
▪ Failing to report all workers on certified payrolls.
• FAILURE TO COMPLY WITH BID SPECIFICATIONS/UNFAIR COMPETITIVE
ADVANTAGE
Villalobos’ bid is in excess of 22% lower than all other bidders on this project. A large bid variance commonly indicates a failure to account for the proper prevailing wage rate – including travel and subsistence. If awarded the project, this contractor would inevitably need to submit change orders to complete the project in accordance with the specifications and/or compromise prevailing wage laws/standards. This gives Villalobos an unfair advantage in its bidding practices against its competitors and puts the Town of Los Gatos into a precarious legal position.
• FAILURE TO COMPLY WITH WORKFORCE DEVELOPMENT AND FORMAL
APPRENTICESHIP PROGRAMS
Villalobos has not made a good faith effort to participate and invest in Local Workforce Development, nor have they participated in local hiring of workers in the community through formal and recognized pre-apprenticeship programs and formal apprenticeship programs for specific apprenticeable crafts. They have failed to request, employ, train, and pay the proper prevailing wages to apprentices.
• OSHA VIOLATIONS RESULTING IN FINES ISSUED AND UPHELD
Villalobos has safety infractions that have resulted in investigations and fines issued by OSHA. We have provided supporting documentation for your review.
Please contact our office with questions, comments, or clarifications.
Sincerely,
Jesse Jimenez
Executive Director
FFC Case No: 1209SJ
cc: Town of Los Gatos – Mayor and Councilmembers
Mary Badame – Email: [email protected]
Matthew Hudes – Email: [email protected]
Rob Moore – Email: [email protected]
Rob Rennie – Email: [email protected]
Maria Ristow – Email: [email protected]
Town of Los Gatos – Parks & Public Works Director
Nicolle Burnham – Email: [email protected]
ITEM NO. 8.
STATE OF CALIFORNIA Gavin Newsom Governor
DEPARTMEMT OF INDUSTRIAL RELATIONS
Division of Labor Standard Enforcement
454 W. 4th Street, Room #348
San Bernardino, CA 92401
From the Desk of
Caroline Wood
Deputy Labor Commissioner
(909)383-7408 [email protected]
February 27, 2024
Re: DLSE Case No.: 40-78873-833
Project Name: AC and Curb and Gutter Repairs
Awarding Body: City of Saratoga
Prime Contractor: VILLALOBOS & ASSOCIATES Inc.
Dear Evangeline Rose,
Please be advised that I have completed my audit of Villalobos and Associates Inc. I have found the following information on the public works project referenced above and found the sum of $3598.80 as due and owing. This amount is broken down as follows:
Wages Due and Owing: $474.80
Training Funds Due and Owing: $24.00
Labor Code 1771.4: $2,500.00
Labor Code 1775: $500.00
Labor Code 1777.7: $100.00
Accordingly, please remit a cashier’s check in the amount of $3598.80. The amount $3598.80 is for settlement purposes only. Payment must be received no later than 3/06/24.
The check must be a cashier’s check and should be made payable to the State Labor Commissioner and have case number 40-78873-833 written on the check. Mail payment to:
State of California
Department of Industrial Relations
Division of Labor Standards Enforcement
Bureau of Field Enforcement Cashiering Unit
2031 Howe Avenue Suite 100
Sacramento, CA 95825-0196.
Please be advised that failure to resolve this matter will result in the issuance of a Civil Wage and Penalty Assessment.
Please email me a copy/scan of the check along with tracking information for the mailing. [email protected]
Thank you for your cooperation. If you have any questions, do not hesitate to contact me at 909-383-7408.
Sincerely
Caroline Wood
Caroline Wood
Deputy Labor Commissioner
ITEM NO. 8.
ITEM NO. 8.
ITEM NO. 8.
[This page intentionally left blank]
ITEM NO. 8.
Inspection Nr: 1527621.015 Report ID: 0950612 Date Opened: 04/27/2021 Site Address:
Villalobos & Associates
21439 Continental Cir.
Saratoga, CA 95070
Mailing Address:
P.O. Box 110004, Campbell, CA 95011
Union Status: NonUnion SIC:
NAICS: 236115/New Single-Family
Housing Construction (except
Operative Builders)
Inspection Type: Accident
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 10/15/2021
Emphasis:
Case Closed: 06/12/2023
An official website of the United States government. Here's how you know U.S. DEPARTMENT OF LABOR
Inspection Detail
Case Status: CLOSED
Inspection: 1527621.015 - Villalobos & Associates
Inspection Information - Office: Ca Fremont District Office Related Activity
Type Activity Nr Safety Health
Accident 1761874
Inspection 1528679 Yes
Inspection 1528966 Yes
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ITEM NO. 8.
U.S. DEPARTMENT OF LABOR
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Case Status: CLOSED
Violation Summary
Violations/Penalties Serious Willful Repeat Other Unclass Total Initial Violations 2 4 6
Current Violations 2 4 6
Initial Penalty $21,825 $0 $0 $2,375 $0 $24,200
Current Penalty $21,825 $0 $0 $2,375 $0 $24,200
FTA Penalty $0 $0 $0 $0 $0 $0
Violation Items
# Citation
ID
Citaton
Type
Standard
Cited
Issuance
Date
Abatement
Due Date
Current
Penalty
Initial
Penalty
FTA
Penalty
Contest Latest Event
1. 01001 Other 341(D)(5)(A) 10/15/2021 $625 $625 $0 Z - Issued
2. 01002 Other 1509(A) 10/15/2021 $500 $500 $0 Z - Issued
3. 01003 Other 3395(H)(1) 10/15/2021 $500 $500 $0 Z - Issued
4. 01004 Other 1541(J)(2) 10/15/2021 $750 $750 $0 Z - Issued
5. 02001 Serious 15410001 A01 10/15/2021 $16,200 $16,200 $0 05/04/2022 W - Empr Withdrew
6. 03001 Serious 1541(K)(1) 10/15/2021 $5,625 $5,625 $0 05/04/2022 W - Empr Withdrew OSHA Standards Enforcement Topics Media Center Contact Us
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ITEM NO. 8.
ATTACHMENT 4
ITEM NO. 8.
ITEM NO. 8.
ITEM NO. 8.
ITEM NO. 8.
PREPARED BY: James Watson
Senior Civil Engineer
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: 05/07/2024
DATE: May 2, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2025 RECOMMENDATION:
Authorize the Town Manager to execute a Second Amendment (Attachment 1) to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to provide services as the “Acting Town Surveyor” for various land development mapping services, extending the term to June 30, 2025.
BACKGROUND:
As part of its Engineering Development Services, the Town prepares and reviews mapping, performs map check reviews, and requires land surveying services. The Parks and Public Works Department does not have a Town Surveyor on staff, so these services are performed by a consultant who acts as the Town Surveyor. This includes the review of parcel maps and final maps; legal descriptions and plats for lot line adjustments, easements, and rights-of-way dedications; certificates of compliance; and other documents for technical correctness, adherence to codes, ordinances, the Professional Land Surveyor’s Act, and the Subdivision Map Act.
Several complicated and sometimes invalid requests for lot line adjustments and map approvals come from developers looking to create new developable lots in the Town. These requests require review by an experienced surveyor with extensive knowledge in the field of historical chain of title review to verify the validity of these requests.
ITEM NO. 9.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2025 DATE: May 2, 2024
BACKGROUND (continued):
In 2018, the Town Council authorized a five-year agreement with Kier and Wright Civil Engineers and Surveyors, Inc. (Attachment 1, Exhibit A) to serve as the Town’s Surveyor. In 2023, the Town Council authorized the First Amendment to that agreement, which will expire on June 30, 2024.
The Town is required to use a licensed surveyor by California’s Subdivision Map Act Law for the review and signing of development maps and other land development documents.
DISCUSSION:
In addition to their previous experience completing challenging mapping services for the Town, Kier and Wright has a total of 12 California registered land surveyors on staff and available to assist the Town with complicated land development applications. This contract extension to June 30, 2025 would allow Kier and Wright to continue to review and sign the development maps and other land development documents, allowing Town engineering staff to develop a new Request for Proposals (RFP) and execute a new contract with a qualified survey firm by July 1, 2025. Staff is satisfied with the work done by Kier and Wright to date and recommends extending their contract for another year.
CONCLUSION:
Authorize the Town Manager to execute a Second Amendment to the Agreement for Consultant Services with Kier and Wright to provide services as the “Acting Town Surveyor” for various land development mapping services extending the term to June 30, 2025 (Attachment 1).
FISCAL IMPACT:
This agreement is based on a cost recovery activity as part of the development review process in which the Town uses fees and deposits collected from various development applications to pay for these services using “pass-through” accounts.
The original agreement was written with a not to exceed amount of $125,000; however, the First Amendment incorporated the following for compensation language which will remain unchanged in this Second Amendment:
ITEM NO. 9.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2025 DATE: May 2, 2024
FISCAL IMPACT (continued):
Compensation for Consultant’s professional services shall not exceed the established hourly rates and payment shall be based upon Town approval of each task.
There is no additional fiscal impact associated with the contract extension.
ENVIRONMENTAL ASSESSMENT:
The proposed agreement and related services are not a project defined under CEQA, and no further action is required.
Attachment:
1. Second Amendment with Exhibit A (First Amendment and Original Agreement for Consultant Services with Kier & Wright Civil Engineers and Surveyors, Inc.) and Exhibit B (Hourly Rate Schedule)
ITEM NO. 9.
1 of 2
Kier & Wright Civil Engineers and Surveyors, Inc.
Second Amendment to Agreement for Consultant Services
SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 7th day of May 2024 and amends that certain FIRST AGREEMENT FOR CONSULTANT SERVICES dated June 6, 2023, made by and between the Town of Los Gatos("Town") and Kier & Wright Civil Engineers and Surveyors, Inc. (“Consultant”) identified as a C Corporation and whose address is 2850 Collier Canyon Road, Livermore, CA 94551.
RECITALS
A. Town and Consultant entered into a Consultant Services Agreement on August 7, 2018 (“Agreement”) and a First Amendment to Agreement for Consultant Services on June 6, 2023, copies of which are attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement for Consultant Services to extend the term.
AMENDMENT
1. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from August 7, 2018, to June 30, 2025.
2. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
ITEM NO. 9.
2 of 2
Kier & Wright Civil Engineers and Surveyors, Inc.
Second Amendment to Agreement for Consultant Services
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos Approved as to Consent:
By: _______________________________ By: ______________________________ Laurel Prevetti, Town Manager Joe Thompson, Principal
Department Approval:
_______________________________________
Nicolle Burnham
Parks and Public Works Director
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 9.
1 of 2
Kier & Wright Civil Engineers and Surveyors, Inc.
First Amendment to Agreement for Consultant Services
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 6
th day of June 2023 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated August 7, 2018, made by and between the Town of Los Gatos, ("Town,") and the Kier & Wright Civil Engineers and Surveyors, Inc. (“Consultant”) identified as a C Corporation and whose address is 2850 Collier Canyon Road, Livermore, CA 94551.
RECITALS
A. Town and Consultant entered into a Consultant Services Agreement on August 7, 2018 (“Agreement”), copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement for Consultant Services to extend the term, to add to the compensation and the add to the minimum scope of insurance of the agreement.
AMENDMENT
1. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from August 7, 2018, to June 30, 2024.
2. Section 2.6 Compensation is amended to read:
Compensation for Consultant’s professional services shall not exceed the established hourly rates, as set forth in the Fee Schedule (Exhibit B), which is attached hereto and incorporated herein by reference. Payment shall be based upon Town approval of each task.
3. Section 3.1 Minimum Scope of Insurance is amended to read as follows:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than:
two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
4. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
EXHIBIT A