Los Gatos City Council
June 4, 2024

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). Vice Mayor Hudes will be participating from a teleconference location at 111 Harbor Drive, San Diego, CA 92101. The teleconference location 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 zoom.us 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
JUNE 04, 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
i. Commend Outgoing Youth Commissioners
ii. Youth Friendly Business of the Year
iii. Youth Friendly Green Business of the Year
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 for the May 20, 2024 Closed Session Town Council Meeting.

2. Approve Minutes for the May 21, 2024 Town Council Meeting.

3. Approve Town Council Meeting Schedule for Fiscal Year 2024/2025.

4. Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments.

5. Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with The KPA Group to Increase the Compensation for Construction Administration for the Civic Center Improvements (CIP 821-2117) in an Amount of $36,835 for a Total Contract Amount of $132,835.

6. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2024/25 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017.

7. Authorize the Town Manager to Execute a Five-Year Agreement for Services with Air Systems Inc. for Heating Ventilation and Air Conditioning (HVAC) Preventative Maintenance and Repair Services Including a Contingency for Unforeseen Repairs for a Total Agreement Amount of $521,600.

8. 2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901):
a. Award and Authorize the Town Manager to Execute a Contract with O’Grady Paving in an Amount Not to Exceed $3,274,430;
b. Authorize the Town Manager to Execute Change Orders in an Amount Not to Exceed Ten Percent (10%) of the Contract Award Amount ($327,443); c. Authorize the Town Manager to Execute a Contract with BSK for Project Materials Testing in an Amount Not to Exceed $48,356; and
d. Approve the Project Construction Plans with Addenda as Required by Government Code 830.6 – Design Immunity.

9. Adopt a Resolution Establishing the Fiscal Year 2024/25 Gann Appropriation Limit for the Town of Los Gatos. Page 2

10. Authorize the Town Manager to Execute an Agreement with Los Gatos-Monte Sereno Safe Routes to School to Provide Education and Encouragement Programs and Crossing Guard Services for an Amount Not to Exceed $70,190.

11. Adopt a Resolution Calling for the General Municipal Election to be Held on November 5, 2024 for the Election of Two Town Council Members to be Held in the Town of Los Gatos, Requesting the Consolidation of Election with the Statewide General Election, Requesting the Santa Clara County Board of Supervisors Render Specified Services to the Town Related to the Conduct of the General Municipal Election, Adopting Regulations for Candidates for Elective Office Pertaining to Filing Fees and Candidate Statements, and Providing for the Process in the Event of a Tie Vote.

12. Authorize the Town Manager to Execute a First Amendment to an Agreement for Services with JLP Building Maintenance LLC for Janitorial Services to Extend the Term through September 30, 2024 and Increase the Compensation by $66,551 for a Total Amount Not to Exceed $1,115,603.

13. Authorize the Town Manager to Execute a First Amendment to the Construction Agreement with Tucker Construction Inc. to Increase the Compensation by $13,538 for a Total Agreement Amount Not to Exceed $287,977 for the Adult Recreation Center Americans with Disabilities Act (ADA) Compliant Public Restroom Project (CIP 821-2601).

14. 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Award and Authorize the Town Manager to Execute an Agreement for Consultant Services with Ninyo & Moore for Materials Testing in an Amount Not to Exceed $18,555; and
b. Authorize an Expenditure Budget Transfer in an Amount of $18,555 from the Annual Street Repair and Resurfacing Project (CIP No. 811-9901) to the Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921).

15. Authorize the Town Manager to Execute an Amendment to the Software Support Agreement with Sun Ridge Systems to Incorporate Crossroads Collision and E-Citation Add-On Modules for the Remaining Term of the Original Agreement with the Total Agreement Not to Exceed $260,000.

16. Authorize the Town Manager to Execute a Transitional Agreement for Animal Services with Silicon Valley Animal Control Authority (SVACA) and Execute a Revised Joint Exercise of Powers Agreement for SVACA as a Participating Member Agency.

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.) 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.)

17. Consider a Recommendation of the Planning Commission to Adopt a Resolution Adopting the Draft Revised 2023-2031 Housing Element. An Environmental Analysis Based on the Previously Certified 2040 General Plan Final Environmental Impact Report has been Prepared for the Draft Revised 2023-2031 Housing Element. The Housing Element is Within the Scope of the Previously Approved 2040 General Plan, and the Program EIR for the General Plan Adequately Describes the Impacts of the Housing Element for Purposes of CEQA. Location: Townwide. Applicant: Town of Los Gatos. General Plan Amendment Application GP-24-001.

18. Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2024/25 Operating Budget and FY 2024/25– 2028/29 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 21, 2024; Minor Corrections, and Carry-Forward Appropriations;
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54; c. Approve FY 2023/24 Budget Adjustments and Reclassifications as listed in Attachment 3; and
d. Authorize an Expenditure Budget Adjustment from IRS 115 Restricted Pension Trust to CalPERS up to the Amount Available in the Trust (the Estimated Balance Available is $2,090,163).

19. Adopt a Resolution Approving the Administrative Fine and Penalty Schedule for Fiscal Year 2024/25 to Continue, Amend, and Add Certain Department Administrative Fines and Penalties for Fiscal Year 2024/25.

OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)

20. Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as El Gato Lane No. 6, Approximately 0.563 Acres on Property Pre-Zoned R-1:8. APN 523-22-007. Annexation Application AN24-001. Project Location: 15575 El Gato Lane. Property Owners: Sai Kiran Garimella and Renu Sushma Kolli. Applicant: Barzin Keyhankhadiv.

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.)

21. Introduce an Ordinance Amending the Town’s Curfew Ordinance. Ordinance Title: “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, ‘Offenses And Miscellaneous Provisions,’ Article III, ‘Minors,’ and Division 2, ‘Curfew,’ of the Town of Los Gatos Town Code."

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: 06/04/2024
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, May 20, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person and utilizing teleconferencing means on Tuesday, May 20, 2024, at 5:00 p.m. to hold a Closed Session to discuss labor negotiations, existing litigation, and public employee appointment.

MEETING CALLED TO ORDER AT 5:00 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.

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 (Government Code §54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below:

Town Negotiators:

Lisa Charbonneau, Liebert Cassidy Whitmore
Katy Nomura, Assistant Town Manager
Employee Organizations:

American Federation of State, County and Municipal Employees (AFSCME) Town Employees Association (TEA)

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Reimann v. Town of Los Gatos

3. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Section 54957) Title: Interim Town Manager
The Town Council reconvened in open session. Mayor Mary Badame reported that at the request of the Town Council, Town Manager Laurel Prevetti has agreed to extend her end date to at least through August 2, 2024 to accommodate the anticipated Town Manager recruitment timeline. The Town Attorney stated there was no reportable action for the items related to labor negotiations and existing litigation.

ITEM NO. 1.

PAGE 2 OF 2
SUBJECT: Draft Minutes of the Special Town Council Meeting of May 20, 2024 DATE: May 20, 2024

ADJOURNMENT
The meeting adjourned at 6:13 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: 6/04/2024
DRAFT
Minutes of the Town Council Meeting
Tuesday, May 21, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, May 7, 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.

Absent: None

PLEDGE OF ALLEGIANCE
Arnav Mana led the Pledge of Allegiance. The audience was invited to participate.

PRESENTATIONS
The Mayor presented proclamations for National Police Week, Municipal Clerks Week, Public Works Week, Affordable Housing Month, Historic Preservation Month, and Building Safety Month.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approve Minutes of the May 7, 2024 Closed Session Town Council Meeting.

2. Approve Minutes of the May 7, 2024 Town Council Meeting.

3. Adopt 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 Introduced by the Town Council. 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. ORDINANCE 2358

4. Adopt 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. ORDINANCE 2359

5. Receive the Monthly Financial and Investment Report for March 2024.

ITEM NO. 2.

PAGE 2 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of May 21, 2024 DATE: May 21, 2024

6. Staff Recommends that the Town Council:
a. Adopt a Resolution Approving the Engineer’s Report for all Landscape and Lighting Districts for FY 2024/25. RESOLUTION 2024-019
b. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Blackwell Drive Benefit Zone. RESOLUTION 2024- 020
c. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone. RESOLUTION 2024-021
d. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone. RESOLUTION 2024-022
e. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Vasona Heights Benefit Zone. RESOLUTION 2024- 023
f. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone. RESOLUTION 2024- 024
g. Adopt a Resolution of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 2-Gemini Court Benefit Zone. RESOLUTION 2024- 025
h. Set June 18, 2024 as the Date for the Public Hearing for the Levy and Collection of Assessments.

7. Authorize the Town Manager to Execute a Second Amendment with Dillingham Associates for Preliminary Design Services for the Pinehurst Community Garden (CIP No. 831-4610) and Lynn Avenue Pedestrian Path Design (CIP No. 832-4510) to Reduce the Scope of Services, Extend the Term, and Reduce the Contract Amount for a Total Amount Not to Exceed $109,856.

8. Use Agreement with Los Gatos-Saratoga Community Education and Recreation:
a. Authorize the Town Manager to Execute a First Amendment to Use Agreement with Los Gatos-Saratoga Community Education and Recreation for an Additional One-Year Period from July 1, 2024 to June 30, 2025; and
b. Authorize the Town Manager to Execute any Forthcoming Amendments During the Duration of this Agreement.

9. Receive a Report on the State Route 17 Corridor Congestion Relief Capital Project (CIP No. 813-0237); and Authorize the Town Manager to Execute an Amendment to an Existing Agreement with the Santa Clara Valley Transportation Authority to Extend the End Date to December 31, 2027 and Increase the Town’s Funding Contribution to $1,470,000.

10. Adopt a Resolution to Designate the Town’s Agents by Title to Obtain Federal and/or State Financial Assistance through the California Governor’s Office of Emergency Services (Cal OES). RESOLUTION 2024-026
Mayor Badame opened public comment.

ITEM NO. 2.

PAGE 3 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of May 21, 2024 DATE: May 21, 2024
Lee Fagot
- Commented on the Use Agreement listed as Item 8 and expressed concerns with a request to negotiate the lease agreement for the Adult and Youth Recreation Centers.

Mayor Badame closed public comment.

MOTION: Motion by Vice Mayor Hudes to approve consent items 1-10. Seconded by Council Member Ristow.

VOTE: Motion passed unanimously.

VERBAL COMMUNICATIONS
Chris Wiley
- Commented on concerns with a utility outage and requested information on whom to contact if the utility company does not provide service.

Joe Enz
- Commented on his experience with certain businesses and Police Officers.

Ali Miano
- Requested Council work with Valley Transportation Authority (VTA) to procure a rail line from Union Pacific to bring light rail to Los Gatos.

Lynley
- Commented on religious viewpoints and concerns with articles in the Los Gatan newspaper.

Emily Ann Ramos, SV@Home
- Commented on the Affordable Housing Month theme “For Us, For You, For All” and an upcoming Bay Area ballot measure regarding affordable housing.

PUBLIC HEARINGS

11. Conduct a Public Hearing on the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year (FY) 2024/25 and on the Proposed Capital Improvement Program for FY 2024/25 – FY 2028/29:
a. Consider the Recommendations of the Finance Commission; b. Provide Direction on the Proposed Operating Budget;
c. Provide Direction on the Proposed Capital Budget;
d. Approve the FY 2024/25 List of Potential Donations Consistent with the Town’s Donation Policy; and
e. Review and Approve the Town Investment Policy.

Laurel Prevetti, Town Manager, and Nicolle Burnham, Parks and Public Works Director, presented the staff report.

ITEM NO. 2.

PAGE 4 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of May 21, 2024 DATE: May 21, 2024
Mayor Badame opened public comment.

Tim ORorke, St. Vincent de Paul
- Requested Council increase emergency rental assistance funding and commented on the work St. Vincent de Paul does to assist individuals.

Sue Ahmadian, St. Vincent de Paul
- Requested Council budget $30,000 for rental assistance and commented on the work St.

Vincent de Paul does to assist individuals on the verge of homelessness.

Autumn Albers
- Requested Council increase the budget for rental assistance for the next fiscal year.

Miles Tasker, Los Gatos Anti-Racism Coalition
- Commented on low-income families and requested Council increase contributions for rental assistance by $15,000.

Ed Lozowicki, St. Vincent de Paul
- Commented on the work St. Vincent de Paul does to assist individuals and requested Council increase emergency rental assistance funding by $15,000.

Julie Micalle, New Museum Los Gatos (NUMU)
- Requested Council consider NUMU’s funding proposal and signage.

Ali Miano, Los Gatos Anti-Racism Coalition
- Requested Council increase the funding for rental assistance from $15,000 to $30,000.

Kimberly Snyder, New Museum Los Gatos (NUMU)
- Requested Council consider NUMU’s funding proposal and request for a monument sign.

Jeff Suzuki
- Requested Council increase funding for rental assistance by $15,000 for the next fiscal year and commented on services the funding would provide.

Kylie Clark
- Requested Council increase rental assistance funding and commented on services the funding would provide.

Richard Kananen
- Commented on a letter received from the American Civil Liberties Union and requested Council reinstate discussion groups as part of the 55+ program with Los Gatos-Saratoga Recreation before signing an extension of the lease.

ITEM NO. 2.

PAGE 5 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of May 21, 2024 DATE: May 21, 2024
Kinsey Lee, Los Gatos Anti Racism Coalition
- Commented on the need for eviction prevention and supports the proposal to increase rental assistance funding to $30,000.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Moore to approve the donation list. Seconded by Mayor Badame.

VOTE: Motion passed unanimously.

MOTION: Motion by Mayor Badame to approve the Town Investment Policy (Attachment 9) with no changes. Seconded by Council Member Ristow.

VOTE: Motion passed unanimously.

MOTION: Motion by Council Member Moore to take $150,000 from the Downtown Streetscape Program and reallocate $100,000 of that to the general Community Grants Program, $25,000 of that to rental assistance and $25,000 of that to nutrition services. Seconded by Council Member Hudes.

Council Member Moore clarified the $22,000 sustaining grant for Live Oak Nutrition would remain, and the annual $15,000 to West Valley Community Services for contractual services would remain. The motion is to allocate an additional $25,000 for rental assistance and an additional $25,000 for nutrition services [through the Town’s community grant program].

VOTE: Motion passed unanimously.

MOTION: Motion by Vice Mayor Hudes for the Town Manager and two Council Members to meet with the County Supervisor and County Management to explain the needs of these programs with the intention of getting more funding from the County in the future. AMENDMENT: Have the Council Members appointed by the Mayor.

Seconded by Council Member Ristow.

VOTE: Motion passed unanimously.

Mayor Badame called a recess at 9:27 p.m.

The meeting reconvened at 9:39 p.m.

ITEM NO. 2.

PAGE 6 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of May 21, 2024 DATE: May 21, 2024
MOTION: Motion by Mayor Badame as recommended by the Finance Commission to transfer $1,000,000 from Educational Revenue Augmentations Fund (ERAF) reserve funds to unfunded pension labilities. AMENDMENT: to transfer $1,000,000 from ERAF reserve funds to Town Pension/OPEB Reserve [pending future discussion by the Finance Commission for additional pension funding and recommendation to the Town Council]. Seconded by Vice Mayor Hudes.

VOTE: Motion passed unanimously.

MOTION: Motion by Vice Mayor Hudes to set a date of no later than December of 2025 to have a sign for the Museum. Seconded by Council Member Ristow.

VOTE: Motion passed unanimously.

MOTION: Motion by Council Member Moore to move $50,000 from the Downtown Streetscape Program to the Wayfinding Program for signage for the Town of Los Gatos Civic Center and the NUMU Museum. Seconded by Council Member Ristow.

VOTE: Motion passed unanimously.

MOTION: Motion by Council Member Moore to move $100,000 from the Downtown Streetscape Program to fund NUMU’s history project. Seconded by Vice Mayor Hudes.

VOTE: Motion passed unanimously.

MOTION: Motion by Vice Mayor Hudes to allocate 0.2 FTE [full time equivalent of an employee] to coordinate older adult services. AMENDMENT: 0.4 FTE instead of 0.2 FTE. Seconded by Mayor Badame.

Vice Mayor Hudes confirmed his motion is to ask staff to come back with a solution to either add staff or contract [the services].

VOTE: Motion passed unanimously.

ITEM NO. 2.

PAGE 7 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of May 21, 2024 DATE: May 21, 2024
MOTION: Motion by Council Member Moore to restore funding to the Pinehurst Community Garden and the Lynne Avenue Walkway Projects of $50,000 each project. Seconded by Council Member Ristow.

VOTE: Motion passed 4-1. Mayor Badame voted no.

MOTION: Motion by Council Member Rennie to take $100,000 from the Downtown Streetscape Program to fund pickleball repaving. Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

MOTION: Motion by Council Member Moore to use $50,000 from the Downtown Streetscape for the Montebello Way Bollards Project. Seconded by Mayor Badame.

VOTE: Motion passed unanimously.

OTHER BUSINESS

12. 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.

Katy Nomura, Assistant Town Manager, 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 support a ballot measure with a specific tax.

Seconded by Council Member Ristow.

VOTE: Motion 4-1. Vice Mayor Hudes voted no.

ITEM NO. 2.

PAGE 8 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of May 21, 2024 DATE: May 21, 2024
MOTION: Motion by Council Member Rennie to use three categories including something about police; something about improving traffic flow and mobility; and programs for protecting against wildfires and maintaining emergency services. AMENDMENT: to combine tree trimming program with vegetation management under an umbrella of mitigating hazards such as storms and wildfires. Seconded by Council Member Ristow.

VOTE: Motion passed unanimously.

MOTION: Motion by Mayor Badame to 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 (Attachment 1), and authorize an expenditure budget adjustment in an amount of $60,400 from the available General Fund Capital/Special Projects Reserve. Seconded by Council Member Ristow.

VOTE: Motion passed 4-1. Vice Mayor Hudes voted no.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she attended a Silicon Valley Clean Energy Authority Board Meeting as an alternate; Valley Transportation Authority (VTA) Policy Advisory Board meeting; participated in the Complete Streets and Transportation Commission “Bike the Town” event; attended the West Valley Service Providers quarterly meeting, the Los Gatos All-Employee quarterly meeting, the Kiwanis Turnaround Scholarship award luncheon, the Los Gatos-Monte Sereno Police Department Swearing-in and Promotion Ceremony, and the Special Olympics of Northern California Bocce Bash; and met with several residents to discuss a variety of topics.
- Council Member Moore stated he attended the Los Gatos All-Employee quarterly meeting and the Kiwanis Turnaround Scholarship award luncheon; helped kick-off the Leigh Stampede 5K; attended two events celebrating Congresswoman Anna Eshoo, the Los Gatos Recreation resource fair, the Special Olympics Northern California Bocce Bash, the South Bay Labor Council brunch, the Cities Association Legislative Action Committee, and the West Valley Sanitation District Authority (WVSDA) Board meeting; and stated he will attend an upcoming Disaster Aid Response Team (DART) meeting.
- Council Member Rennie stated he met with an individual to discuss concerns with the Town property used for teacher housing and met with a homeless community member to discuss concerns.
- Vice Mayor Hudes stated he met with residents on Benedict Lane to discuss a proposed new development; attended the Los Gatos All-Employee quarterly meeting; participated in the Kiwanis Turn-around Scholarship award awards luncheon; attended the Community

ITEM NO. 2.

PAGE 9 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of May 21, 2024 DATE: May 21, 2024
Center Planning Group meeting which will host a community workshop on June 20; participated in the Cities Association Board of Directors meeting; met with a representative from the Chamber of Commerce; attended the Los Gatos-Monte Sereno Police Department Swearing-in and Promotion Ceremony; participated in the Youth Commission Interviews; attended the Service Providers Fair; and participated in the Complete Streets and Transportation Commission “Bike the Town” event.
- Mayor Badame stated she attended Kiwanis Turn-around Scholarship award awards luncheon and the Finance Commission meeting as an observer; conducted Youth Commission interviews; and participated the Los Gatos-Monte Sereno Police Department Swearing-in and Promotion Ceremony, and the Girls on the Run 5K event.

Manager Matters
- Announced the Planning Commission will consider the Housing Element at its meeting on May 22.
- Announced June 1 starts the summer reading program which will run through July 31, and the theme this year is “Adventure Begins at your Library.”

CLOSED SESSION REPORT
Mayor Mary Badame reported that at the request of the Town Council, Town Manager Laurel Prevetti has agreed to extend her end date to at least through August 2, 2024 to accommodate the anticipated Town Manager recruitment timeline.

Gabrielle Whelan, Town Attorney, stated in addition to the Interim Town Manager appointment, the Town Council met in closed session to consider existing litigation pursuant to California Government Code Section 54956.9 and labor negotiations pursuant to California Government Code Section 54957.6 and there is no reportable action for either of the items.

ADJOURNMENT
The meeting adjourned at 11:34 p.m.

Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk

ITEM NO. 2.

PREPARED BY: Janette Judd
Executive Assistant
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, 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: 06/04/2024
DATE: May 16, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve Town Council Meeting Schedule for Fiscal Year 2024/2025 RECOMMENDATION:

Staff recommends the Town Council approve the Town Council Meeting Schedule for Fiscal Year (FY) 2024/2025.

BACKGROUND:

Each year in June, the Town Council adopts the following fiscal year’s Town Council Meeting Schedule, including any cancellations and/or necessary meeting exceptions.

DISCUSSION:

In 2004, the Town Council implemented the cancellation of its July meetings for a Summer recess period. In 2005, Council implemented the cancellation of the first meeting in January each year, primarily due to the light level of staffing with the annual year-end closure.

Additionally, on June 2, 2014, the Town Council approved and amended Los Gatos Town Code Section 2.20.010 changing the regular Council meeting day from Mondays to Tuesdays, effective August 2014.

Lastly, both regularly scheduled Council meetings have historically taken place each December, even if the second meeting falls in close proximity to the holidays. For example, in past years going back to 2009, meetings have taken place on December 20 and 21. Staff recommends the current proposed Council meeting date of December 17, 2024 be approved inclusively with the attached schedule.

ITEM NO. 3.

PAGE 2 OF 2
SUBJECT: Approve Town Council Meeting Schedule for 2024/2025 Fiscal Year DATE: May 16, 2024
CONCLUSION:

The attached schedule reflects the January 2025 cancellation referenced above, with remaining dates reflective of the first and third Tuesday schedule per Town Code. The attached schedule does not show dates for any potential Council Retreat, Boards/Commissions Interviews, or Special Meetings of the Town Council. In past years, retreats have been held as-needed, and Special Meetings are held throughout the year also on an as-needed basis.

Staff recommends that the Town Council approve the proposed regular Town Council Meeting Schedule for FY 2024/2025.

Attachment:

1. Town Council Meeting Schedule - 2024/2025 Fiscal Year

ITEM NO. 3.

TOWN COUNCIL

MEETING SCHEDULE
2024/2025 FISCAL YEAR

July 2, 2024 Regular Council Meeting CANCELLED
July 16, 2024 Regular Council Meeting CANCELLED
August 6, 2024 Regular Council Meeting
August 20, 2024 Regular Council Meeting
September 3, 2024 Regular Council Meeting
September 17, 2024 Regular Council Meeting
October 1, 2024 Regular Council Meeting
October 15, 2024 Regular Council Meeting
November 5, 2024 Regular Council Meeting
November 19, 2024 Regular Council Meeting
December 3, 2024 Regular Council Meeting
December 17, 2024 Regular Council Meeting
January 7, 2025 Regular Council Meeting CANCELLED
January 21, 2025 Regular Council Meeting
February 4, 2025 Regular Council Meeting
February 18, 2025 Regular Council Meeting
March 4, 2025 Regular Council Meeting
March 18, 2025 Regular Council Meeting
April 1, 2025 Regular Council Meeting
April 15, 2025 Regular Council Meeting
May 6, 2025 Regular Council Meeting
May 20, 2025 Regular Council Meeting (Annual Budget Hearing) June 3, 2025 Regular Council Meeting
June 17, 2025 Regular Council Meeting
All Council Meetings Listed on This Meeting Schedule Are Regular Meetings as Defined In Municipal Code Section 2.20.010 (Government Code Section 54954)
ATTACHMENT 1

ITEM NO. 3.

PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
DATE: May 24, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments
RECOMMENDATION:

Ratify the Town Council Selection Committee’s recommended Youth Commissioner appointments.

BACKGROUND:

Since June 2004, Council has appointed students in grades 8 through 12 as members of the Youth Commission. The Youth Commission fosters and encourages civic and neighborhood pride in Los Gatos youth and builds a sense of identity through knowledge, understanding, and involvement in the Town’s municipal affairs.

The Town used a variety of mechanisms to recruit for the Youth Commission. Commissioners with terms expiring received notification of the recruitment and notices of the upcoming vacancies were posted at Town Hall. Information regarding the recruitment was distributed on the Town’s What’s New email blast, the Town’s social media accounts, and posted on the Town’s website. In addition, the Town also contacted local schools requesting they help promote the Youth Commission opportunities.

DISCUSSION:

The application deadline was May 1, 2024, and the Town received 27 applications. On May 15, 2024, the Town Council Selection Committee, comprised of Mayor Badame, Vice Mayor Hudes, Chief Field, and Youth Commission Chair Chunawala, interviewed 26 applicants for 14 available positions. One additional applicant, who was an incumbent, was not able to attend the interview and submitted a letter for the Committee’s consideration.

ITEM NO. 4.

PAGE 2 OF 2
SUBJECT: Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments
DATE: May 24, 2024
DISCUSSION (continued):

All the applicants demonstrated initiative and community spirit in applying for leadership positions to serve the Los Gatos community. The Selection Committee’s recommended appointments are listed in Attachment 1. Per the Youth Commission Enabling Resolution (Attachment 2), appointments for the eight newly appointed Commissioners and the three reappointed Commissioners entering the 12th grade will be for a one-year term, and appointments for the three reappointed Commissioners not entering the 12th grade will be for a two- year term.

CONCLUSION:

The Town Council Selection Committee recommends that Council appoint members as shown in Attachment 1. The recommendations for appointment are based on composite assessments from the interviews and applications.

FISCAL IMPACT:

The Town-wide Commission training budget is available to provide funds as needed.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Recommended Youth Commissioner Appointments

2. Youth Commission Enabling Resolution 2018-008

ITEM NO. 4.

RECOMMENDED YOUTH COMMISSIONER APPOINTMENTS

NAME GRADE IN
FALL
NEW OR

REAPPOINTED TERM TERM EXPIRATION
Saketh Chinnakotla 10 Reappointed 2 years 6/30/2026
Anjali Kalia 11 Reappointed 2 years 6/30/2026
Arthur Wang 10 Reappointed 2 years 6/30/2026
Yilin Fang 12 Reappointed 1 year 6/30/2025
Jay Mallugari 12 Reappointed 1 year 6/30/2025
Rushil Sharma 12 Reappointed 1 year 6/30/2025
Elijah Asheghian 10 New 1 year 6/30/2025
Pau Chandran-Moles 11 New 1 year 6/30/2025
Aarav Chugh 9 New 1 year 6/30/2025
Rithik Gupta 10 New 1 year 6/30/2025
Nova Jayaraj 10 New 1 year 6/30/2025
Connor Krawez 11 New 1 year 6/30/2025
Grace Murray 10 New 1 year 6/30/2025
Kinnera Potluri 12 New 1 year 6/30/2025
ATTACHMENT 1

ITEM NO. 4.

RESOLUTION 2018 -008

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2016 -059 AND

ESTABLISHING RULES FOR THE YOUTH COMMISSION
WHEREAS, it is recognized that a youth perspective on issues which pertain to the youth in the community is an important part of decision making in Town; and WHEREAS, there is value in increasing communication between adults and youth; and WHEREAS, there is value in having a mechanism for youth to have a voice in Town affairs and issues relating to youth; and
WHEREAS, the Town Council of the Town of Los Gatos found and determined that the purpose of the Youth Commission is to foster and encourage civic and neighborhood pride and a sense of identity through the knowledge, understanding, and increased involvement of the Town' s youth in the Town' s present and future municipal affairs.

NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS THAT:

1. There is a need for a Youth Commission to function in the Town of Los Gatos, which would establish a formal body by which the youth of Los Gatos would have a voice in the community.

2. There is hereby established a Youth Commission which shall generally be responsible for studying various problems, activities and other issues of concern to the youth in general, and for advising Council on matters pertaining to issues involving the youth of Los Gatos.
a. Membership /Organization
i. The Youth Commission shall consist of twenty (20) members. The members shall be students who are entering grades 8 through 12.

Membership for the students requires residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address.

Members shall serve a term of two (2) years and until their successors are appointed and qualified. Members who are entering grade 12 when appointed and first time appointees shall serve a term of one ( 1) year.

Iof3
Resolution 201 8 -008 March 20, 2018
ATTACHMENT 2

ITEM NO. 4.
iii. The Commission shall appoint one ( 1) primary member and one ( 1) alternate to serve as one voting member on the following Town Boards and Commissions:

1. Arts and Culture Commission

2. Bicycle and Pedestrian Advisory Commission

3. Community and Senior Services Commission

4. Library Board

5. Parks Commission

6. Transportation and Parking Commission
iv. In addition to all Youth Commission meetings, the primary member shall attend all meetings of the Board or Commission they are appointed to. If the primary member is not able to attend the meeting of the Board or Commission they are assigned, it shall be the responsibility of the alternate to attend the meeting. If the primary member misses three (3) meetings of the Board or Commission the Youth Commission shall appoint a new primary member, and if necessary, a new alternate. v. Liaisons shall provide a monthly report to the Youth Commission and be responsible for conveying the Youth Commission' s input to the Board or Commission.
vi. A majority of members shall constitute a quorum for the purpose of transacting business.
vii. Commission members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy.

3. The Commission shall hold a regular meeting at least once each month between September and June. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following.)

4. The Commission shall elect a Chair and Vice - Chair, both of whom shall serve at the pleasure of the Commission. Terms of office shall be for one (1) year and shall begin on the first meeting in September and end the following June.

5. Minutes of the actions taken during its meetings shall be kept and filed with the Town Clerk Administrator.
2 of 3
Resolution 2018 -008 March 20, 2018 Page 24
ITEM NO. 4.

6. Meeting attendance requirements will conform with all current Town Resolutions and Policies.

7. The duties of the Commission shall include the following:
a. Foster greater involvement of youth in municipal government affairs. b. Study problems, activities, and concerns of youth, especially as they relate to municipal programs or projects of the Town of Los Gatos. c. Hold forums on problems, activities and concerns of youth, either alone or in conjunction with other governmental agencies and community organizations, as the Commission deems desirable.
d. Review municipal matters referred to the Commission by the Town Council or other Town boards, committees, or commissions and, as appropriate, make recommendations on those matters.

BE IT FURTHER RESOLVED that Resolution 2016 -059 is hereby rescinded.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20`h day of March, 2018, by the following vote:

COUNCIL MEMBERS:

AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie NAYS: None.

ABSENT: None.

ABSTAIN: None.

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: 5[.Z( fie
ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE:
3 of 3
Resolution 2018 -008 March 20, 2018 Page 25
ITEM NO. 4.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
DATE: May 30, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with The KPA Group to Increase the Compensation for Construction Administration for the Civic Center Improvements (CIP 821-2117) in an Amount of $36,835 for a Total Contract Amount of $132,835.

RECOMMENDATION:

Authorize the Town Manager to execute a first amendment to the agreement for consultant services with The KPA Group to increase the compensation for construction administration for the Civic Center Improvements (CIP 821-2117) in an amount of $36,835 for a total contract amount of $132,835.

REMARKS:

On August 18, 2023, the Town executed an agreement with The KPA Group to develop plans and specifications for the Civic Center Improvements (CIP# 821-2117). The original agreement was for a total value of $96,000 and was executed by the Town Manager. The design provided under the agreement included the development of construction documents for restrooms in Town Hall that are compliant with the Americans with Disabilities Act (ADA), Human Resources Department reconfiguration, and an ADA compliant entry ramp. The construction plan set has been completed and Building Permits are ready to be issued. The project will be formally bid in summer 2024.

This agenda item would enable The KPA Group to provide construction administration services for the project given that they developed plans and specifications. The proposed agreement amendment (Attachment 1) would add $36,835 for construction administration services, increasing the total compensation to $132,835.

ITEM NO. 5.

PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with The KPA Group for CIP 821-2117.

DATE: May 30, 2024
FISCAL IMPACT:

The adopted Fiscal Year 2023/24 – 2027/28 Capital Improvement Program (CIP) Budget for this project has sufficient funds for the amendment to the contract.

ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15378(b)(5), approval of this amendment is not a project subject to CEQA because it is an administrative activity that will not impact the environment.

Attachment:

1. First Amendment to Agreement for Consultant Services with Exhibit A (Original Agreement and Original Proposal) and Exhibit B (New Proposal)
Budget Costs
GFAR $ 980,000
Total Budget $ 980,000
Costs
Consultant Services $ 171,000
First Amendment to Consultant Services Agreement with
The KPA Group (Requested with this Staff Report) $ 36,835 Total Expenditures $ 207,835
Available Balance $ 772,165
Civic Center Americans with Disabilities Act (ADA) Improvements CIP No. 821-2117

ITEM NO. 5.

First Amendment to Agreement for Consultant Services – The KPA Group

FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This First AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification 4
th day of June 2024 and amends that certain Agreement for Consultant Services dated August 18, 2023, made by and between the Town of Los Gatos, ("Town,") and The KPA Group (“Consultant”) identified as a C Corporation and whose address is 6700 Koll Center Parkway, Pleasanton, CA 94566.

RECITALS
A. Town and Consultant entered into a Consultant Agreement on August 18, 2023, (“Agreement”), a copy 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. 2.6 Compensation is amended to read as follows:

Compensation for Consultant’s professional services shall be increased by $36,835, for a total agreement amount not exceed $132,835. Payment shall be based upon Town approval of each task based on Exhibit B.

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

ATTACHMENT 1

ITEM NO. 5.

First Amendment to Agreement for Consultant Services – The KPA Group IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Paul Powers, President
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk

ITEM NO. 5.

Agreement for Consultant Services
The KPA Group

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification on 18th of August 2023 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and The KPA Group (“Consultant”), identified as a C Corporation and whose address is 6700 Koll Center Parkway, Pleasanton, CA 94566. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to engage Consultant to provide architectural consultant services.

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

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Consultant acknowledges Town has relied upon these warranties to retain Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in that certain proposal sent to the Town on August 9, 2023 which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect from upon execution to June 30, 2025. Consultant shall perform the services described in this agreement as described in Exhibit A.

2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant 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. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

EXHIBIT A

ITEM NO. 5.

Agreement for Consultant Services
The KPA Group
individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant 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 Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

2.6 Compensation. Compensation for Consultant's professional services shall not exceed $96,000, inclusive of all costs. Payment shall be based upon Town approval of each task.

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

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

Invoices:

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

2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's 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 Consultant. 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 Consultant, 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 Consultant 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. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant 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 DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Agreement for Consultant Services
The KPA Group
compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrong doing.

2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant 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, Consultant 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. Consultant 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, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant 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. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Consultant 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. ii. Consultant 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. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Agreement for Consultant Services
The KPA Group
certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

General Liability:
i. The Town, its elected and appointed officials, employees, and, agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant'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, Consultant 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, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.

DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Agreement for Consultant Services
The KPA Group

3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, 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 Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.

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 Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

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

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

4.6 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
The KPA Group
6700 Koll Center Parkway
Pleasanton, CA 94566
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Agreement for Consultant Services
The KPA Group
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

4.7 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.

4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. 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.

DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Agreement for Consultant Services
The KPA Group
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos by:

Laurel Prevetti, Town Manager

Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Consultant, by:

Paul Powers, Principal
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96 For
Katy Nomura, Assistant Town Manager

ITEM NO. 5.

August 9, 2023
Dan Keller
Facilities & Environmental Operations Manager
Parks & Public Works Department
Town of Los Gatos
Department of Public Works
41 Miles Avenue, Suite 101
Los Gatos, CA 95030
Subject: Los Gatos ADA Improvements – Civic Center Ramp Design Dear Dan,
The purpose of this agreement is to establish a scope of services and fee for design, permitting and construction administration services for a new accessible ramp at the Los Gatos Civic Center. A new ramp is required for an accessible path of travel from the Civic Center parking lot to the interior of the building. In addition, this proposal requires reallocation of funds from KPA’s on-call services contract which expired on June 30, 2023 to a new agreement.

Civic Center Ramp Design
Project Understanding
The Town of Los Gatos has a desire to construct improvements to the exterior ramp at the Civic Center building.

Currently, the ramp at the Civic Center contains handrails, slopes and widths that are not compliant with ADA.

The KPA Group has visited the existing ramp to understand design needs and existing code violations. A new ramp is required to be constructed to allow for proper ADA clearances. Construction of the new ramp will require demolition of the existing ramp, new concrete and handrails, new electrical and lighting, sealants, grading and new retaining walls.

Scope of Services
This document provides a scope of services for design services for a new entrance ramp at the Los Gatos Civic Center.

This scope of services is organized into the following elements:






Project Coordination & Management
Site Survey Investigation
Ramp Design – Conceptual Design
Ramp Design – Construction Documents
Permitting
Bid/Award & Construction Administration Support Services Project Coordination & Management
We will manage our architectural and engineering services for the project. We will consult with the Town of Los Gatos on a regular basis and communicate with members of the project team. KPA anticipates update meetings

EXHIBIT A
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.
conducted through Microsoft Teams. Discussions and decisions made throughout concepting and design of the new ramp will be documented. The project manager will regularly coordinate the project and scheduling efforts and will lead the quality assurance process.

Site Survey Investigation
KPA will conduct a site investigation at the Civic Center ramp to verify existing site dimensions and identify areas to tie the new ramp system into the existing site. Required changes to the exterior path of travel will be documented for use in design of the new ramp system. An elevations survey will be conducted and topography incorporated as appropriate into the ramp design.

Ramp Design – Conceptual Design
We will prepare a conceptual design for the new Civic Center ramp and adjust the design with the Town of Los Gatos. Electrical requirements will be studied for inclusion into the final project design along with ramp pathway lighting requirements. Other site changes including alignment of ramp system to existing site components will be incorporated into conceptual ramp design. Conceptual cost estimate prepared for the Town’s consideration will be updated. KPA will obtain approval from the Town of Los Gatos before moving onto construction documents for ramp design.

Ramp Design – Construction Documents
The KPA Group will expand the ramp concept into complete Construction Documents. During this phase, we will provide a clearly defined design with a comprehensive scope, budget and schedule for construction of the ramp and possibilities for bidding and construction. Construction documents will incorporate systems and material design along with structural and electrical requirements. We will meet with the Town during this phase to provide project status updates and further define project design. Code required changes will be incorporated and the project schedule and construction cost estimate will be updated as the design progresses.

During the Construction Documents phase, KPA will:







o
o
o
Further evaluate existing conditions
Perform building code review for ramp design
Finalize ADA requirements for components of ramp system Prepare a construction-level cost estimate
Prepare structural and electrical calculations
Prepare draft and final technical specification sections Develop Construction Documents, including:

Civil
Structural
Electrical
Construction Documents will refine the extent, configuration, location, relationships and dimensions of the work to be completed. Documentation and drawings will be coordinated between disciplines appropriately.

Permitting
KPA will submit the Civic Center ramp drawings to the Building Department for permit review. KPA anticipates one set of construction drawings covering the Civic Center Ramp and Civic Center Restroom & HR Improvements for permit review. We will complete an initial round of drawing review for permitting related to in-scope items and improvements followed by a second round of drawing review and revision related to incorporation of the first round of comments. We estimate this process to take less than 60 days. Additional time for reviews and additional/extensive reviews may result in additional compensation.

After permit approval, KPA will prepare a final bid set for construction documents.

DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Bid/Award & Construction Administration Support Services KPA will attend a pre-construction bid walk and answer contractor questions related to the project design. We will provide addenda to the construction set as required for questions or clarifications that may arise from the bidding process.

KPA’s construction administration duties will focus on review of submittals, shop drawings and RFIs. During the RFI response process KPA will issue necessary interpretations, clarifications and responses to information requests related to the contract documents. We will assist the Town with supplemental instructions and guidance as to possible change orders. For contractor submittals, KPA will review and approve shop drawings and material substitutions related to the ramp design. KPA will attend biweekly construction progress meetings led by the Town.

Deliverables
Deliverables will include the following items by project design phase:


Conceptual Design – Concept of ramp design. Preliminary cost estimate.

Construction Documents – Construction Documents and Project Specifications. Structural and electrical calculations. Construction-level cost estimate.

Reallocation of Previous Contract Funds:

The Town of Los Gatos’ consulting services agreement with The KPA Group expired on June 30, 2023. At this time, remaining architectural and engineering efforts were outstanding related to active and required projects at the Los Gatos Civic Center and Adult Recreation Center. The Town of Los Gatos has extended KPA’s on-call agreement through June 30, 2024 and funding for architectural and engineering efforts outstanding from the previous agreement must be re-applied to the new agreement. This proposal identifies and explains outstanding efforts and requests application of funding to our new agreement.

Amount remaining from Previous Contract:

KPA has an outstanding services amount of twenty five thousand six hundred eleven dollars ($25,611.00) for services previously approved under the expired contract. Services still required to be provided include:


Construction Administration Services at Civic Center/Arc Restrooms ($22,040) Building Permit Submission and Response for Arc Parking Lot Design ($3,571) Descriptions of scope of services for these outstanding items are provided as attachments to this proposal.

Please see Attachment B for the previously agreed upon scope of services for CA Services at the Civic Center and Arc Restrooms. Please see Attachment C for previously agreed upon scope of services for Building Permit Submission and Response for Arc Parking Lot Design.

Work expended in July, August and September:

KPA has expended additional work due to an extended CA services schedule for the Arc Restrooms project in July/August/September. Additional coordination and response efforts are also required related to the Civic Center project and requirements of the Building Department to include the Civic Center Ramp Design.

Owner Responsibilities




Provide access to the existing Civic Center, ramp and site Provide access to the Adult Recreation Center
Provide existing building construction or as build documents.

Provide a representative with complete authority to transmit instructions, receive information and provide directives
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.







Provide timely review, feedback and directives to maintain project schedule Coordinate with other project stakeholders and approval agencies Testing and removal of hazardous materials
CEQA or other environmental reporting
Provide specification “front end” (Bidding, Contract and General Requirements) Known electrical at ramp system
Coordination with utilities and local governments for any required utility connects and permitting Compensation
The work described under the Scope of Services will be performed on a lump-sum basis. The Town of Los Gatos will pay The KPA Group ninety-six thousand dollars ($96,000.00) as architectural and engineering fees for the design and construction administration work performed under this contract. Requested compensation is allocated as follows:

Civic Center Ramp Design - $67,800.00
Construction Administration Services at Civic Center/Arc Restrooms - $22,040.00 Building Permit Submission and Response for Arc Parking Lot Design - $3571.00 Work expended in July, August and September: - $2,589.00 Please see the attached compensation worksheet for a detailed breakdown of tasks based on our current understanding of the project and scope of work.

Respectfully submitted,
The KPA Group
Paul W. Powers
President
(925) 872-0244
Attachments:

Attachment A – Compensation Worksheet
Attachment B – Scope of Services for CA Services at Civic Center/Arc Restrooms Attachment C – Scope of Services Building Permit Submission and Response for Arc Parking Lot Design DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Compensation Worksheet - Attachment A
Town of Los Gatos
Civic Center Ramp Design & Previous Contract Re-allocation Project
Manager
Project
Architect/
Engineer
Designer /
Technical
Professional
CAD
Technician Admin.
225 205 195 160 100
Civic Center Ramp Design & CA Services
1 Project Management and Coordination

1.1 Project meetings 2 4 8 $2,830

1.2 Team coordination 4 4 8 4 $3,920

1.3 Quality control 2 4 4 $2,050
Subtotal 8 12 20 4 0 $8,800
2 2.1 Site visit and elevations survey 6 6 $2,400

2.2 Incorporate Survey Data 1 4 2 8 $2,715
Subtotal 1 10 8 8 0 $5,115
3 Ramp Design - Conceptual Design

3.1 Ramp concept 8 4 4 $3,060

3.2 Electrical and lighting requirements 1 8 8 4 $4,065

3.3 Site changes 1 4 8 2 $2,925

3.4 Conceptual cost estimate 2 $390
Subtotal 2 20 22 10 0 $10,440
4 Ramp Design - Construction Documents

4.1 Code review 1 4 4 $1,825

4.2 ADA requirements 1 4 8 4 $3,245

4.3 Calculations 8 $1,640

4.4 Construction Documents 2 12 10 24 2 $8,900

4.5 Project specifications 2 8 12 4 $4,830
Subtotal 6 36 34 28 6 $20,440
5 Permitting

5.1 Submit to Building Department 4 4 8 $2,880

5.2 Drawings revisions 2 4 8 12 $4,750

5.3 Compile Drawing Bid Set 1 2 2 8 $2,305
Subtotal 3 10 14 28 0 $9,935
6 Bid/Award and Construction Administration Support Services

6.2 Bid phase assistance 1 2 4 $1,415

6.3 Conformed set for construction 1 1 1 8 $1,905

6.4 Construction meetings 4 4 4 $2,500

6.5 Periodic site visits 2 8 8 $3,650

6.6 RFI, shop drawing and submittal review 2 10 4 2 $3,600 Subtotal 10 25 21 10 0 $13,070
Sub-Total Cost - Civic Center Ramp Design & CA 30 113 119 88 6 $67,800.00 Task Subtotal
Hours
Site Survey Investigation
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Compensation Worksheet - Attachment A
Town of Los Gatos
Civic Center Ramp Design & Previous Contract Re-allocation Project
Manager
Project
Architect/
Engineer
Designer /
Technical
Professional
CAD
Technician Admin.

Task 225 205 195 160 100 Subtotal
Hours
Construction Administration Services at Civic Center/ARC Restrooms 1 Bid/Award and Construction Administration Support Services

1.1 Bid phase assistance 4 4 $1,600

1.2 Conformed set for construction 2 4 2 8 $2,940

1.3 Construction meetings 2 4 8 $2,830

1.4 Periodic site visits 2 4 16 $4,390

1.5 RFI, shop drawing and submittal review 2 12 8 1 $4,630

1.6 General construction administration 8 4 4 2 $3,600

1.7 Project closeout 2 4 4 $2,050
Subtotal 18 36 46 9 2 $22,040
Sub-Total Cost - CA Services at Civic Center/ARC 18 36 46 9 2 $22,040.00 Building Permit Submission & Response for Arc Parking Lot Design 1 Permitting

1.1 Permit Application 1 2 2 1 $1,125

1.2 Updrate Drawings (1 Round) 1 4 4 4 $2,465
Subtotal 2 6 6 4 1 $3,590
Sub-Total Cost - Building Permit Submission & Response 2 6 6 4 1 $3,590.00 Work expended in July, August and September
1 Extended CA Schedule

1.1 CA Bid Walk 4 4 $1,600

1.2 Logistics & Discussion 2 2 1 1 $1,060
Subtotal 0 6 6 1 1 $2,660
Sub-Total Cost - Work expended in July, August and Sept 0 6 6 1 1 $2,660.00 *Adjustment -$90.00
Grand Total Compensation Request $96,000.00
DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Attachment B: Scope of Services for CA Services at Civic Center/Arc Restrooms Scope of Services
KPA will review, edit and implement construction procedures and documents in accordance with the construction policies established by the Town of Los Gatos. KPA anticipates the Town’s Construction Manager will provide much of the construction administration oversight and work with KPA to coordinate with the contractor and provide construction status updates. KPA’s construction administration duties will focus on review of submittals, shop drawings and RFIs.

KPA will review and respond to RFIs. During the RFI response process KPA will issue necessary interpretations, clarifications, and responses to information requests related to the contract documents. We will assist the Town with supplemental instructions and guidance as to possible change orders. For contractor submittals, KPA will review and approve shop drawings, material substitutions, management and organization of submittals. KPA will attend two online construction progress meetings per month in which we will discuss pertinent work issues with the Construction Manager and contractor.

The Town’s Construction Manager will prepare and distribute correspondence including information requests, trouble reports, field directives and cost change requests. Project logs will be maintained by the Construction Manager. Construction progress meetings will be led by the Construction Manager. Upon project closeout, KPA will create a punch list based on the final project to observe work for substantial completion. We will coordinate with the Construction Manager to provide appropriate recommendations and direction to the contractor as to proper completion of work if required.

DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

Attachment C: Scope of Services for Building Permit Submission & Response for Arc Parking Lot Design Scope of Services
KPA will submit parking lot design documents to the Town of Los Gatos Building Division and respond to one round of review comments including one round of updates to the drawing set. KPA understands that the Building Division has been made aware of the fast-track nature of this project and will assist with expedited review. After completion of permitting and review processes, KPA will incorporate parking lot design drawings into an overall project bid set.

DocuSign Envelope ID: 257F9665-BDCF-4CC2-93CF-ADAC62303E96

ITEM NO. 5.

May 16, 2024
Dan Keller
Facilities and Environmental Services Manager
Town of Los Gatos
Department of Public Works
41 Miles Avenue, Suite 101
Los Gatos, CA 95030
Subject: Los Gatos Civic Center – Construction Administration Services Proposal Dear Dan,
The purpose of this agreement is to establish a scope of services and compensation for construction administration services for improvements to the Los Gatos Civic Center. The facility is located at 110 E. Main Street in Los Gatos.

Project Understanding
The Town of Los Gatos has worked with The KPA Group to design improvements to both the Adult Recreation Center and the Civic Center. Improvements to both facilities were designed at the same time and included new accessible restrooms (Adult Recreation Center & Civic Center) along with renovations to HR department spaces (Civic Center only). Exterior path of travel improvements were later designed at the Civic Center to include replacement of the existing lower level ramp with a new accessible ramp. In 2023, the Town proceeded with construction of improvements at the Adult Recreation Center only. The Town now wishes to construct improvements at the Civic Center including the new ramp portion of the design.

The KPA Group worked with the Town in April and May 2024 to revise construction documents for the Civic Center project to include the ramp portion and remodel of HR department spaces as the base bid, with the restrooms remodel as an additive alternate bid item. The Civic Center project is anticipated to be bid for construction in late summer 2024.

Scope of Services – Construction Administration Services This document provides a scope of services for construction administration services for the Civic Center project.

Construction administration services shall commence after a successful bidder has been awarded a contract for construction.

The scope of services for CA services is organized into the following elements:
 Project Management and Coordination
 General Construction Administration
 Requests for Information and Submittals
 Construction Changes
 Punch List
 Project Closeout and Compliance Forms
Project Management and Coordination
The KPA Group will continue to manage our architectural and engineering services for the project during construction. We will consult and communicate regularly with the Town of Los Gatos and members of the project team. The KPA Group will meet with the Town as appropriate to discuss details, construction progress and open issues. The same consultants that

EXHIBIT B

ITEM NO. 5.
designed the project will stay engaged and provide support during construction. KPA anticipates two (2) onsite visits to observe construction progress throughout the duration of construction.

General Construction Administration
We will generally provide the following services:
 Work closely with Town staff for coordination of submittals  Work with the project team to document responses to RFIs, review and process shop drawings, submittals and project decisions
 Provide onsite visits to monitor construction (2 visits anticipated)  Respond to information requests, field directives and cost change requests  Attend planned construction meetings to assist work progress and quality  Review General Contractor progress payment applications  Confirm contractor submittals are aligned to design documents and specifications Excessive RFI response or submittal review due to incomplete or inaccurate submittals may result in an additional KPA compensation request to the Town.

Requests for Information and Submittals
We will review and respond to RFIs. We will organize project RFIs related to project components and discuss responses with the Town of Los Gatos as needed. We will:
 Issue necessary interpretations, clarifications and replies to information requests regarding the Contract Documents
 Assist the Town of Los Gatos with supplemental instructions and change orders Services provided for shop drawings and submittals will be related to shop drawing review, product and material substitutions review, and the management and organization of such submittals. Additional submittals may be required to be reviewed based on the completeness of individual submittals or components of construction. During this process we will:
 Review and approve shop drawings and submittals for conformance to the requirements of Contract Documents and specifications
 Determine the acceptability of substitute materials and provide an evaluated response for suggestions to the Town
 Review any required tests in accordance with requirements and testing methods Construction Changes
We will monitor construction changes including the addition of alternate project components or items not portrayed in the contract documents. We will provide recommendations as to the acceptability of the costs of construction changes.

Throughout the oversight of construction changes, we will:
 Assist with the preparation of change orders or inclusion of additional items or removal of elements  Assist with the preparation and review of interpretations and clarifications The KPA Group will monitor work progress to review payment applications. We will coordinate with the Town for information related to work progress.

Punch List
We will generate a punch list based on final construction completion. The punch list process will involve observing work to identify defects, non-conformance to the design and incomplete work. The punch list process involves:
 Conducting site observation to identify and document construction defects, non-conformance to the design and/or incomplete work
 Furnishing the General Contractor with the punch list of items requiring correction or to be completed

ITEM NO. 5.
 Making recommendations for replacement, correction, or diminished value of defective work Project Closeout and Compliance Forms
We will perform services related to project close-out including:
 Obtain direction from the Town for final required deliverables for submittal to government agencies for final approvals
 Provide appropriate compliance forms for signoff by architect and engineers Schedule – Construction
The expected time frame for construction completion is approximately 7-8 months. The final construction schedule shall be defined at the time of General Contractor contract award.

Owner Responsibilities - Construction
 Provide access to the Los Gatos Civic Center and site  Provide as-built documents, PDFs or CAD files of the facility or site as available  Coordinate running of and attend construction meetings led by Town or Construction Management team  Provide a representative with complete authority to transmit instructions, receive information and provide directives
 Provide timely review, feedback and directives to maintain project schedule  Coordinate with other project stakeholders, approval agencies, CEQA and AHJs  Testing and removal of hazardous materials
 Coordination with utilities and local governments for any required utility connections and permitting Compensation
The work described under the Scope of Services will be performed on a lump sum basis. The Town of Los Gatos will pay The KPA Group thirty six thousand eight hundred thirty five dollars ($36,835) as architectural and engineering fees for CA services work during construction. Please see the attached compensation worksheet for a detailed breakdown of design tasks based on our current understanding of the project and scope of work.

Authorization
The Scope of Services and compensation stated in this proposal are valid for a period of sixty (60) days from the date of submission. If authorization to proceed is not received during this time period, this proposal may be reviewed and modified by The KPA Group. This proposal may be executed in whole or parts, depending on Town of Los Gatos contracting desires.

Respectfully submitted,
The KPA Group
Paul W. Powers, AIA, NCARB
President
[email protected]
(925) 872 - 0244

ITEM NO. 5.

TOWN OF LOS GATOS - Civic Center
Compensation Worksheet - CA Services

PROJECT

MANAGER

ARCHITECT/

STRUCTURAL

ENGINEER
MEP

ENGNIEER

DESIGNER/

TECHNICAL
PROF.

CAD

TECHNICIAN
ADMIN. SUBTOTAL
$235.00 $205.00 $205.00 $190.00 $155.00 $110.00
1 Communicate with owner 1 4 2 2 $1,845.00
2 Communicate with project team 1 2 1 5 2 $2,110.00
$470.00 $1,230.00 $615.00 $1,330.00 $310.00 $0.00 $3,955.00 1 Review procedures and documents 1 2 2 $1,025.00
2 Construction meetings 2 4 2 8 4 $3,840.00
3 Site observations (2) 1 4 2 6 $2,605.00
4 Construction Coordination 1 2 2 4 $1,815.00
$1,175.00 $2,460.00 $1,230.00 $3,800.00 $620.00 $0.00 $9,285.00 1 RFI & Submittal logs 1 2 2 4 4 $2,255.00
2 Respond to RFIs 2 8 4 8 4 $5,070.00
3 Identify substitute materials 1 2 1 1 1 $1,195.00
4 Shop Drawing review 1 12 4 4 4 $4,895.00
$1,175.00 $4,920.00 $2,255.00 $3,230.00 $1,395.00 $440.00 $13,415.00 1 Determination of project adds or removals 1 2 2 2 1 $1,590.00 2 Interpretations and clarifications 4 2 4 1 $2,145.00
$235.00 $1,230.00 $820.00 $1,140.00 $310.00 $0.00 $3,735.00 1 Punch list 1 4 2 6 $2,605.00
$235.00 $820.00 $410.00 $1,140.00 $0.00 $0.00 $2,605.00 1 Final deliverable coordination 1 1 1 2 2 $1,335.00
2 Compliance forms 1 6 4 $2,285.00
3 Administrative tasks 2 $220.00
$470.00 $1,435.00 $1,025.00 $380.00 $310.00 $220.00 $3,840.00 16 59 31 58 19 6 189
$3,760.00 $12,095.00 $6,355.00 $11,020.00 $2,945.00 $660.00 $36,835.00 5/16/2024

SUBTOTAL

TOTAL COST

TOTAL HOURS

SUMMARY BY CLASSIFICATION
Project Management and Coordination
Requests for Information and Submittals

SUBTOTAL
General Construction Administration

SUBTOTAL
Project Close Out and Compliance Forms

SUBTOTAL

SUBTOTAL
Construction Changes

SUBTOTAL
Punch List

ITEM NO. 5.

PREPARED BY: Gary Heap
Town 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: 06/04/2024
DATE: May 30, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2024/25 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017 RECOMMENDATION:

Adopt a resolution (Attachment 1) to adopt a list of projects for Fiscal Year (FY) 2024/25 funded by the State Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017.

BACKGROUND:

SB 1, the Road Repair and Accountability Act of 2017, was passed by the State Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide. SB 1 is intended to enable cities and counties to better address significant maintenance, rehabilitation, and safety needs on their local street systems. Maintenance and rehabilitation projects are used to extend the serviceable life of streets. The Town will receive an estimated $859,033 in Road Maintenance and Rehabilitation Account (RMRA) funding through SB 1 in FY 2024/25.

Built into the Road Repair and Accountability Act are accountability and transparency measures, including a requirement that a list of all streets proposed to receive RMRA funding be adopted by the applicable governing body at a regular meeting. To comply, the Town Council must adopt a resolution with a list of streets that may receive RMRA funding in the upcoming fiscal year, including a description and the location of each proposed street segment, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

ITEM NO. 6.

PAGE 2 OF 3
SUBJECT: Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2024/25 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017 DATE: May 30, 2024
DISCUSSION:

In considering which roads may receive RMRA funding, staff recommends Town road segments that carry heavier traffic loads and volumes, such as arterials that may involve more design scope and construction work to repair and maintain compared to other local roadways. Staff has identified the project segments shown in Table 1 for use of SB 1 funding in FY 2024/25 and upcoming years:

Table 1. SB1 Road List Fiscal Year 2024/25
Street Name From To Functional
Classification
Treatment Scheduled
Start and
Completion
Estimated
Useful
Life
Los Gatos Blvd Hwy 9 Caldwell Av A 2" Mill and Overlay with leveling course and dig-outs
Spring – Fall
2025
10 – 15
years
Pollard Rd Quito W. Parr A 2" Mill and Overlay with
leveling course and dig-outs
Spring – Fall
2025
10 – 15
years
Los Gatos Bl Hwy 9 Caldwell Av A 2" Mill and Overlay with leveling course and dig-outs
Spring – Fall
2025
10 – 15
years
Blossom Hill Rd Union Av City Limits A Micro-surfacing which is placement of thin, tough
layer of asphalt emulsion
blended with finely crushed
stone for traction.

Spring - Fall
2025
5-7 years
Los Gatos –
Almaden Rd
Los Gatos
Bl
Camino del
Cerro
A Micro-surfacing which is
placement of thin, tough
layer of asphalt emulsion
blended with finely crushed
stone for traction.

Spring - Fall
2025
5-7 years
The required work on the identified streets may exceed the available SB 1 funding. Funding from other sources would be required to complete the projects, such as the General Fund Appropriated Reserves (GFAR) and the voter-approved 2016 Measure B.

Modifications to the SB 1 funding project list are permitted, and staff may recommend modifications when greater needs for funding emerge; for example, due to winter weather impacts. Staff will return with the final proposed project list for FY 2024/25 for Council’s approval prior to advertising for construction bid. Construction for the FY 2024/25 Street Repair and Resurfacing project is anticipated to start in the spring or summer of 2025.

One important element associated with SB 1 is a continued maintenance of effort (MOE) requirement. The MOE requirement means that local funding for routine street maintenance

ITEM NO. 6.

PAGE 3 OF 3
SUBJECT: Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2024/25 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017 DATE: May 30, 2024
DISCUSSION (continued):
must not be less than the average of the three base years (2009/10 – 2011/12) as set by SB 1.

The State continues to refine the calculation and reporting requirements for the MOE, and it would be important for the Town to sustain historic maintenance funding levels into the future to avoid risking loss of the annual RMRA appropriation.

CONCLUSION:

Adoption of the recommended resolution would meet the SB 1 RMRA funding requirement to have an adopted project list and allow the continuation of the Town’s roadway maintenance through the Capital Improvement Program.

FISCAL IMPACT:

The Town’s Proposed FY 2024/25 - 2028/29 Capital Improvement Program has already included the estimated funds in the Street Repair and Resurfacing project. This action will have no effect on the Town’s budget and only identifies the specific streets.

ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15301, adoption of this resolution is categorically exempt from CEQA, because it involves maintenance of existing roads.

Attachment:

1. Resolution Adopting a List of Projects for Fiscal Year 2024/25 Funded by the State Senate Bill 1: The Road Repair and Accountability Act of 2017.

ITEM NO. 6.
1 of 3
Resolution 2024- June 4, 2024
ATTACHMENT 1
RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/25 FUNDED BY THE STATE SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our Town are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the Town must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the Town, will receive an estimated $859,033 in RMRA funding in Fiscal Year 2024/25 from SB 1; and
WHEREAS, this is the eighth year in which the Town is receiving SB 1 funding and will enable the Town to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; and WHEREAS, the funding from SB1 will help the Town maintain and rehabilitate streets throughout the Town this year and similar projects into the future; and

ITEM NO. 6.
2 of 3
Resolution 2024- June 4, 2024
ATTACHMENT 1
WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the Town’s streets and roads are in a “good” condition and this revenue will help increase the overall quality of the road system and over the next decade will bring Town streets and roads into a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED: The foregoing recitals are true and correct, and the following list of projects will be funded in-part or solely with Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account revenues:

Street Name From To Functional
Classification
Treatment Scheduled
Start and
Completion
Estimated
Useful life
Los Gatos
Blvd
Hwy 9 Caldwell Av Arterial 2" Mill and Overlay with
leveling course and dig-outs
Spring – Fall
2025
10 – 15
years
Pollard Rd Quito W. Parr Arterial 2" Mill and Overlay with leveling course and dig-outs
Spring – Fall
2025
10 – 15
years
Los Gatos Bl Hwy 9 Caldwell Av Arterial 2" Mill and Overlay with leveling course and dig-outs
Spring – Fall
2025
10 – 15
years
Blossom Hill
Rd
Union Av City Limits Arterial Micro-surfacing which is
placement of thin, tough
layer of asphalt emulsion
blended with finely crushed
stone for traction.

Spring - Fall
2025
5-7 years
Los Gatos –
Almaden Rd
Los Gatos Bl Camino del
Cerro
Arterial Micro-surfacing which is
placement of thin, tough
layer of asphalt emulsion
blended with finely crushed
stone for traction.

Spring - Fall
2025
5-7 years

ITEM NO. 6.
3 of 3
Resolution 2024- June 4, 2024
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of June of 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. 6.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/4/2024
DATE: May 30, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement for Services with Air Systems Inc. for Heating Ventilation and Air Conditioning (HVAC) Preventative Maintenance and Repair Services Including a Contingency for Unforeseen Repairs for a Total Agreement Amount of $521,600 RECOMMENDATION:

Authorize the Town Manager to execute a five-year Agreement for Services with Air Systems Inc. (Attachment 1) for heating ventilation and air conditioning (HVAC) preventative maintenance and repair services including a contingency for unforeseen repairs for a total agreement amount of $521,600.

BACKGROUND:

The Town of Los Gatos has utilized contractual HVAC services for Town-owned facilities for the past several years. Staff reviews these maintenance contracts regularly to ensure that the services provided are being performed satisfactorily, competitively priced, and continue to meet the Town’s expectations and contract terms. Staff has determined that contractual HVAC services are the most effective service delivery method for this component of building maintenance due to the high level of responsiveness required, the specialized expertise needed, and the essential operations housed in these facilities. The current HVAC services contract with Air Systems, Inc. will expire on June 30, 2024.

DISCUSSION:

With the existing contract set to expire at the end of this fiscal year, staff advertised a Request for Proposal (RFP) on April 19, 2024 for contract HVAC services at six main municipal facilities,

ITEM NO. 7.

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Air Systems Inc. for Heating Ventilation and Air Conditioning (HVAC) Preventative Maintenance and Repair Services Including a Contingency for Unforeseen Repairs
DATE: May 22, 2024
DISCUSSION (continued):
including emergency and after-hours response and repair. Firms were asked to provide their capability and qualifications across services and to provide line-item costs per hour for additional services and repairs as needed, such as upgrades, modifications, and replacements due to failure.

Six companies attended a mandatory walkthrough, and two proposals were received on May 14, 2024. Air Systems Inc. presented the lowest responsible proposal for $64,320 annually and $40,000 is being added for unforeseen repairs, resulting in a 5-year agreement of $521,600.

This amount for unforeseen work is due to our aging HVAC equipment and multiple repairs done annually.

Air Systems Inc. has a successful work history with the Town by providing HVAC service and repairs for over five years. The agreement term allows for continuity of service and maximizes savings by engaging the firm for multiple years. The contract language provides for cancellation should the need arise during the contract term.

CONCLUSION:

Authorize the Town Manager to execute an Agreement for Services with Air Systems Inc. for heating ventilation and air conditioning (HVAC) preventative maintenance and repair services for a total agreement amount not to exceed $521,600 including a contingency for unforeseen work.

FISCAL IMPACT:

Funding for Fiscal Year 2024/25 is included in the Proposed Operating Budget for HVAC services at the Police Operations Building, Civic Center, Library, Parks and Public Works Service Center, Adult Recreation Center, and the Youth Recreation Center. Execution of any options to continue the service in subsequent years will be contingent upon staff evaluation of the quality of the services provided, as well as the Town Council’s appropriation of funding through the budget process in subsequent fiscal years.

ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15378(b)(5), approval of this agreement is not a project subject to CEQA because it is an administrative activity that will not impact the environment.

ITEM NO. 7.

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Air Systems Inc. for Heating Ventilation and Air Conditioning (HVAC) Preventative Maintenance and Repair Services Including a Contingency for Unforeseen Repairs
DATE: May 22, 2024
Attachment:

1. Agreement for Services with Air Systems Inc. with Exhibit A

ITEM NO. 7.

Agreement for Services ATTACHMENT 1
Air Systems Inc.

AGREEMENT FOR SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on this 4th of June 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Air Systems Inc. (“Service Provider”), identified as a C Corporation and whose address is 940 Remillard Court, San Jose, CA 95122. 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 for heating ventilation and air conditioning (HVAC) preventative 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 May 14, 2024, 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 July 1, 2024, through June 30, 2029, 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.

ITEM NO. 7.

Agreement for Services ATTACHMENT 1
Air Systems Inc.

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 $104,320. Compensation for future years will be the base cost of $104,320 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.

Year 1 – FY 2024/25 = $64,320 + $40,00 (unforeseen repairs) = $104,320 Year 2 – FY 2025/26 = $64,320 + $40,00 (unforeseen repairs) = $104,320 Year 3 – FY 2026/27 = $64,320 + $40,00 (unforeseen repairs) = $104,320 Year 4 – FY 2027/28 = $64,320 + $40,00 (unforeseen repairs) = $104,320 Year 5 – FY 2028/29 = $64,320 + $40,00 (unforeseen repairs) = $104,320 For a total agreement not to exceed $521,600.

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
Email (preferred): [email protected]

ITEM NO. 7.

Agreement for Services ATTACHMENT 1
Air Systems Inc.

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 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

ITEM NO. 7.

Agreement for Services ATTACHMENT 1
Air Systems Inc.
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: two million dollars ($2,000,000) 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 elected and appointed officials, employees, and agents 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 elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

ITEM NO. 7.

Agreement for Services ATTACHMENT 1
Air Systems Inc.

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. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

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

IV. GENERAL TERMS

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

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

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

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

ITEM NO. 7.

Agreement for Services ATTACHMENT 1
Air Systems Inc.

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 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

ITEM NO. 7.

Agreement for Services ATTACHMENT 1
Air Systems Inc.
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.

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
Air Systems Inc.
940 Remillard Court
San Jose, CA 95122
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

ITEM NO. 7.

Agreement for Services ATTACHMENT 1
Air Systems Inc.

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.

ITEM NO. 7.

Agreement for Services ATTACHMENT 1
Air Systems Inc.

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

Town of Los Gatos by:

Laurel Prevetti, Town Manager
Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Air Systems Inc. by:

Marty Cull, Executive Vice President, and
Chief Financial Officer
Approved as to Form:
_____________________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________________
Wendy Wood, CMC, Town Clerk

ITEM NO. 7.

EXHIBIT A

ITEM NO. 7.

ITEM NO. 7.

ITEM NO. 7.

ITEM NO. 7.

ITEM NO. 7.

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ITEM NO. 7.

ITEM NO. 7.

ITEM NO. 7.

PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant 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: 06/04/2024
DATE: May 13, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: 2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901):
a. Award and Authorize the Town Manager to Execute a Contract with O’Grady Paving in an Amount Not to Exceed $3,274,430;
b. Authorize the Town Manager to Execute Change Orders in an Amount Not to Exceed Ten Percent (10%) of the Contract Award Amount ($327,443); c. Authorize the Town Manager to Execute a Contract with BSK for Project Materials Testing in an Amount Not to Exceed $48,356; and d. Approve the Project Construction Plans with Addenda as Required by Government Code 830.6 – Design Immunity
RECOMMENDATION:
2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901):
a. Award and authorize the Town Manager to execute a contract with O’Grady Paving in an amount not to exceed $3,274,430;
b. Authorize the Town Manager to execute change orders in an amount not to exceed ten percent (10%) of the contract award amount ($327,443);
c. Authorize the Town Manager to execute a contract with BSK for project materials testing in an amount not to Exceed $48,356; and
d. Approve the project construction plans with addenda as required by Government Code 830.6 – Design Immunity.

BACKGROUND:

The adopted Five-Year 2023/24 -2027/28 Capital Improvement Program (CIP) Budget designates funding for the 2024 Annual Street Repair and Resurfacing Project (CIP No. 811- 9901). The goal of this annually funded project is to enhance safety for all travel modes and maintain the roadway infrastructure. It is important for the Town to perform annual

ITEM NO. 8.

PAGE 2 OF 4
SUBJECT: 2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901) DATE: May 23, 2024
BACKGROUND (continued):
street maintenance projects to improve the Town’s roadways and prevent street pavement from deteriorating to more extensive and costly repair conditions. For the 2024 Street Repair and Resurfacing Project, the focus is on maintenance and repair through milling and placing new hot mix asphalt overlay, and installing micro surfacing, slurry seal, and crack seal treatments.

DISCUSSION:

The 2024 project was advertised for bid on Friday, April 12, 2024. On May 8, 2024, bid packages were opened and six contractors submitted bids. A summary of bid results is presented in Table 1. The contract, base bid plus additive alternate 1, is recommended to be awarded to O’Grady Paving as the apparent low and responsive bidder. The bid was under the engineer’s base bid estimate of $3,489,197.

Table 1. Bid Summary for 2024 Annual Street Repair and Resurfacing Project (CIP No. 811- 9901)
CONTRACTOR BASE BID ADD. ALT. 1 BID TOTAL BID
O’Grady Paving $2,864,810.00 $409,620.00 $3,274,430.00
Radius Earthwork $3,011,227.60 $500,892.72 $3,512,120.32 Joseph J. Albanese $3,222,985.00 $540,865.00 $3,763,850.00 G. Bortolotto & Co. $3,303,325.00 $531,638.00 $3,834,963.00 DeSilva Gates Construction $3,656,656.00 $582,881.00 $4,239,537.00 Granite Construction $4,448,928.67 $779,911.45 $5,229,516.60 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. The project

ITEM NO. 8.

PAGE 3 OF 4
SUBJECT: 2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901) DATE: May 23, 2024
DISCUSSION (continued):
construction plans can be found at the following link: https://www.losgatosca.gov/108/CapitalImprovement-Program.

This project requires materials testing during construction. As the Town does not have a testing lab, staff requested materials testing proposals from the On-Call Consultants List that was adopted by Town Council on February 15, 2024. The Town received three (3) proposals for materials testing and has selected BSK Associates based on their qualifications and experience.

The cost of the materials testing is $48,356 and will be funded through the project.

CONCLUSION:

Staff recommends awarding and executing an agreement with O’Grady Paving for $3,274,430 and with BSK Associates for $48,356 for materials testing. Staff also requests that Town Council formally approve the construction plans, bid documents, and addenda.

COORDINATION:

This project has been coordinated with the Finance Department.

FISCAL IMPACT:

Budget Costs
GFAR FY 2023/24 (After Previously Approved Budget Adjustments) $ 2,258,797 Gas Tax $ 1,620,034
Total Budget $ 3,878,831
2024 Public Works Contract (Requested with this Staff Report) $ 3,274,430 10% Contingency (Requested with this Staff Report) $ 327,443 Material Testing (Requested with this Staff Report) $ 48,356 Budget Transfer (Requested with this Staff Report) $ 18,555 Annual Street Resurfacing Engineering Support $ 23,875
Temporary Staff Costs $ 40,000
Total Expenditures $ 3,732,659
Available Balance for Carryover $ 146,172
FY 2023/24 Street Repair and Resurfacing Project
CIP Project 811-9901

ITEM NO. 8.

PAGE 4 OF 4
SUBJECT: 2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901) DATE: May 23, 2024
ENVIRONMENTAL ASSESSMENT:

This is a project as defined under CEQA and is 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. Agreement for Consultant Services with Exhibit A

ITEM NO. 8.
2024 Annual Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the Town of Los Gatos (“Town”) and O’Grady Paving (“Contractor”), for work on the 2024 Annual Repair and Resurfacing (“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 June 4, 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.

ATTACHMENT 1

ITEM NO. 8.
2024 Annual Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 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 $3,274,430 (“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 60 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 $5,000.00 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 Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 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:

Finance Department
Town of Los Gatos
110 E. Main St.

Los Gatos, CA 95030
[email protected]
Copy to: Janice Chin, Assistant Engineer
[email protected]
Contractor:

Name: O’Grady Paving________________________
Address: ___________________________________
Town/State/Zip: _____________________________
Phone: _____________________________________
Attn: _______________________________________
Email: ______________________________________
Copy to: ____________________________________

12. General Provisions.

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

ITEM NO. 8.
2024 Annual Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 Page 4
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 Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 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________ Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Wendy Wood, CMC, Town Clerk______
Date: ___________________________
CONTRACTOR: O’Grady Paving_______
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

ITEM NO. 8.
2024 Annual Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 Page 6
Payment Bond
The Town of Los Gatos (“Town”) and ________________________ (“Contractor”) have entered into a contract for work on the 2024 Annual Street Repair and Resurfacing (“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 $_________________, 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 Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 Page 7

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 Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 Page 8

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:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY TOWN:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title

END OF PAYMENT BOND

ITEM NO. 8.
2024 Annual Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 Page 9
Performance Bond
The Town of Los Gatos (“Town”) and __________________________ (“Contractor”) have entered into a contract for work on the 2024 Annual Street Repair and Resurfacing (“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 $__________________ 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;

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

ITEM NO. 8.
2024 Annual Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 Page 10
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 Street Repair and Resurfacing PAYMENT BOND
Project #811-9901 Page 11
CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY TOWN:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title

END OF PERFORMANCE BOND

ITEM NO. 8.

Town of Los Gatos Parks and Public Works Department
#811‐9911 2024 Annual Street Repair and Resurfacing
BASE BID:

ITEM
NO ITEM DESCRIPTION UNIT EST.

QTY.

UNIT

PRICE EXTENSION

1. Traffic Control L.S. 1 $530,000.00 $530,000.00

2. Changeable Message Sign Boards Ea. 4 $3,000.00 $12,000.00

3. Adjust Sanitary Sewer Manhole to Grade Ea. 185 $1,000.00 $185,000.00

4. Adjust Storm Manhole to Grade Ea. 55 $1,000.00 $55,000.00

5. Adjust Survey Monument Cover to Grade Ea. 84 $700.00 $58,800.00

6. Adjust Water Valve Cover to Grade Ea. 130 $700.00 $91,000.00

7. Adjust Gas Valve to Grade Ea. 9 $600.00 $5,400.00

8. Adjust Water Meter Box to Grade (Revocable) Ea. 5 $800.00 $4,000.00

9. Adjust Detector Cover to Grade (Revocable) Ea. 1 $700.00 $700.00

10. Adjust Vault to Grade (Revocable) Ea. 1 $2,500.00 $2,500.00

11. Adjust Telephone Manhole to Grade
(Revocable) Ea. 1 $2,000.00 $2,000.00

12. Install New Christy G05 Monument Cover Ea. 5 $900.00 $4,500.00

13. Remove and Replace HMA Ring (2" Depth)-
Manhole (Revocable) Ea. 5 $500.00 $2,500.00

14. Remove and Replace HMA Ring (2" Depth)-
Monument (Revocable) Ea. 5 $500.00 $2,500.00

15. Hot Mix Asphalt (HMA) Leveling Course Ton 1,400 $160.00 $224,000.00

16. Hot Mix Asphalt (HMA) Overlay Ton 5,000 $155.00 $775,000.00

17. Remove and Replace Hot Mix Asphalt (HMA)
Speed Humps Ea. 4 $8,000.00 $32,000.00

18. 4" Depth Digouts S.F. 4,000 $8.00 $32,000.00

19. 2" Depth Digouts S.F. 6,000 $4.00 $24,000.00

20. 18' Wedge Grind L.F. 600 $15.00 $9,000.00

21. 6' Wedge Grind L.F. 22,000 $2.50 $55,000.00

22. 4' Wedge Grind L.F. 1,500 $3.00 $4,500.00

23. Asphalt Removal–2” Depth S.Y. 13,000 $6.00 $78,000.00

24. Asphalt Crack Sealing L.S. 1 $155,000.00 $155,000.00

25. Micro Surfacing (Black Aggregate) S.Y. 102,000 $2.70 $275,400.00

26. Pavement Marker and Striping Removal L.S. 1 $76,000.00 $76,000.00

27. Detail 2 Striping-Thermoplastic L.F. 2,150 $2.00 $4,300.00

28. Detail 9 Striping-Thermoplastic L.F. 1,050 $2.00 $2,100.00 O’Grady Paving

EXHIBIT A

ITEM NO. 8.

29. Detail 22 Striping-Thermoplastic L.F. 5,400 $4.70 $25,380.00

30. Detail 25 Striping-Thermoplastic L.F. 1,000 $2.50 $2,500.00

31. Detail 25A Striping-Thermoplastic L.F. 100 $3.00 $300.00

32. Detail 27B Striping-Thermoplastic L.F. 4,100 $2.20 $9,020.00

33. Detail 29 Striping-Thermoplastic L.F. 280 $10.00 $2,800.00

34. Detail 38 Striping-Thermoplastic L.F. 240 $3.50 $840.00

35. Detail 38A Striping-Thermoplastic L.F. 240 $4.00 $960.00

36. Detail 39 Striping-Thermoplastic L.F. 850 $3.00 $2,550.00

37. Detail 39A Striping-Thermoplastic L.F. 220 $3.00 $660.00

38. 12" Limit Line (Stop Line) (White)-
Thermoplastic L.F. 1,500 $13.00 $19,500.00

39. 12" Line (Yellow)-Thermoplastic L.F. 500 $13.00 $6,500.00

40. Yield Line-TLG Std. TR-B-Thermoplastic L.F. 30 $13.00 $390.00

41. Crosswalk (White)-Thermoplastic L.F. 280 $30.00 $8,400.00

42. 4" Hatch (Yellow)-Thermoplastic L.F. 160 $5.00 $800.00

43. AHEAD Legend-Thermoplastic Ea. 1 $400.00 $400.00

44. STOP Legend-Thermoplastic Ea. 43 $300.00 $12,900.00

45. 20 Legend-Thermoplastic Ea. 4 $250.00 $1,000.00

46. 25 Legend-Thermoplastic Ea. 16 $220.00 $3,520.00

47. 35 Legend-Thermoplastic Ea. 2 $200.00 $400.00

48. Speed Hump Marking-TLG Std. TR-JThermoplastic Ea. 7 $700.00 $4,900.00

49. Type IV (L) Arrow-Thermoplastic Ea. 8 $200.00 $1,600.00

50. Shared Roadway Bicycle Marking-TLG Std.

TR-G-Thermoplastic (Revocable) Ea. 1 $200.00 $200.00

51. On-Street Parking "T"-TLG Std. TR-LThermoplastic Ea. 11 $90.00 $990.00

52. Red Curb L.F. 3,000 $6.50 $19,500.00

53. Blue Reflective Pavement Marker Ea. 65 $30.00 $1,950.00

54. Green Back Bike Lane Symbol with Arrow
Legend-TLG Std. TR-A-Thermoplastic Ea. 3 $1,200.00 $3,600.00

55. Green Bike Lane-Thermoplastic L.F. 180 $100.00 $18,000.00

56. Dashed Green Bike Lane-Thermoplastic L.F. 200 $30.00 $6,000.00

57. Install Flexible Post (Revocable) Ea. 10 $550.00 $5,500.00

58. Install New Sign and New Post (Revocable) Ea. 1 $600.00 $600.00

59. Install New Sign on Existing Post (Revocable) Ea. 1 $400.00 $400.00

60. Salvage Sign From Roadside Post/Pole
(Revocable) Ea. 1 $250.00 $250.00

ITEM NO. 8.

61. Remove Sign Post (Revocable) Ea. 1 $300.00 $300.00

BASE BID
TOTAL $2,864,810.00
ADD. ALTERNATE 1:

ITEM
NO ITEM DESCRIPTION UNIT EST.

QTY.

UNIT

PRICE EXTENSION
A1.1. Adjust Sanitary Sewer Manhole to Grade Ea. 48 $500.00 $24,000.00 A1.2. Adjust Storm Manhole to Grade Ea. 22 $500.00 $11,000.00 A1.3. Adjust Survey Monument Cover to Grade Ea. 45 $500.00 $22,500.00 A1.4. Adjust Water Valve Cover to Grade Ea. 46 $500.00 $23,000.00 A1.5. Hot Mix Asphalt (HMA) Leveling Course Ton 500 $190.00 $95,000.00 A1.6. 4" Depth Digouts S.F. 4,000 $8.00 $32,000.00
A1.7. 2" Depth Digouts S.F. 6,000 $4.00 $24,000.00
A1.8. Slurry Seal (Black Aggregate) S.Y. 37,000 $3.50 $129,500.00 A1.9. Detail 9 Striping-Thermoplastic L.F. 570 $2.00 $1,140.00 A1.10. Detail 22 Striping-Thermoplastic L.F. 250 $4.50 $1,125.00 A1.11. 12" Limit Line (Stop Line) (White)-
Thermoplastic L.F. 270 $13.00 $3,510.00
A1.12. 12" Line (Yellow)-Thermoplastic L.F. 110 $13.00 $1,430.00 A1.13. Crosswalk (White)-Thermoplastic L.F. 150 $30.00 $4,500.00 A1.14. Crosswalk-TLG Std. TR-I (Yellow)-
Thermoplastic L.F. 130 $110.00 $14,300.00
A1.15. 4" Hatch (White)-Thermoplastic L.F. 34 $5.00 $170.00 A1.16. STOP Legend-Thermoplastic Ea. 13 $300.00 $3,900.00 A1.17. 20 Legend-Thermoplastic Ea. 1 $240.00 $240.00
A1.18. International Symbol of Accessibility (ISA)
Marking-Thermoplastic Ea. 2 $600.00 $1,200.00
A1.19. On-Street Parking "T"-TLG Std. TR-LThermoplastic Ea. 60 $110.00 $6,600.00 A1.20. Off-Street Parking Double Stripe-TLG St. ST264-Thermoplastic Ea. 22 $200.00 $4,400.00 A1.21. Red Curb L.F. 870 $6.50 $5,655.00
A1.22. Blue Reflective Pavement Marker Ea. 15 $30.00 $450.00 ADD. ALT. 1
TOTAL $409,620.00
GRAND TOTAL $3,274,430.00
O’Grady Paving

ITEM NO. 8.

Town of Los Gatos Parks and Public Works Department
#811-9911 2024 Annual Street Repair and Resurfacing
Certified Bid Tabulation Bid Opening: May 8, 2024 at 2:00 PM BASE BID:

ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION

1. Traffic Control L.S. 1 $530,000.00 $530,000.00 $484,960.00 $484,960.00 $530,000.00 $530,000.00 $800,000.00 $800,000.00 $1,039,886.00 $1,039,886.00 $918,620.00 $918,620.002. Changeable Message Sign Boards Ea. 4 $3,000.00 $12,000.00 $2,800.00 $11,200.00 $2,800.00 $11,200.00 $4,000.00 $16,000.00 $5,000.00 $20,000.00 $5,025.00 $20,100.003. Adjust Sanitary Sewer Manhole to Grade Ea. 185 $1,000.00 $185,000.00 $1,008.00 $186,480.00 $1,000.00 $185,000.00 $950.00 $175,750.00 $1,000.00 $185,000.00 $2,200.00 $407,000.004. Adjust Storm Manhole to Grade Ea. 55 $1,000.00 $55,000.00 $1,008.00 $55,440.00 $1,000.00 $55,000.00 $950.00 $52,250.00 $1,000.00 $55,000.00 $2,200.00 $121,000.005. Adjust Survey Monument Cover to Grade Ea. 84 $700.00 $58,800.00 $560.00 $47,040.00 $750.00 $63,000.00 $750.00 $63,000.00 $700.00 $58,800.00 $2,500.00 $210,000.006. Adjust Water Valve Cover to Grade Ea. 130 $700.00 $91,000.00 $560.00 $72,800.00 $750.00 $97,500.00 $750.00 $97,500.00 $700.00 $91,000.00 $1,950.00 $253,500.00

7. Adjust Gas Valve to Grade Ea. 9 $600.00 $5,400.00 $1,008.00 $9,072.00 $750.00 $6,750.00 $750.00 $6,750.00 $700.00 $6,300.00 $2,985.00 $26,865.008. Adjust Water Meter Box to Grade (Revocable) Ea. 5 $800.00 $4,000.00 $1,680.00 $8,400.00 $1,000.00 $5,000.00 $750.00 $3,750.00 $1,000.00 $5,000.00 $2,190.00 $10,950.00

9. Adjust Detector Cover to Grade (Revocable) Ea. 1 $700.00 $700.00 $1,344.00 $1,344.00 $750.00 $750.00 $750.00 $750.00 $700.00 $700.00 $3,600.00 $3,600.00

10. Adjust Vault to Grade (Revocable) Ea. 1 $2,500.00 $2,500.00 $1,680.00 $1,680.00 $1,650.00 $1,650.00 $1,750.00 $1,750.00 $1,500.00 $1,500.00 $12,150.00 $12,150.0011. Adjust Telephone Manhole to Grade (Revocable) Ea. 1 $2,000.00 $2,000.00 $2,240.00 $2,240.00 $1,350.00 $1,350.00 $1,750.00 $1,750.00 $1,300.00 $1,300.00 $11,900.00 $11,900.0012. Install New Christy G05 Monument Cover Ea. 5 $900.00 $4,500.00 $560.00 $2,800.00 $200.00 $1,000.00 $400.00 $2,000.00 $180.00 $900.00 $2,850.00 $14,250.0013. Remove and Replace HMA Ring (2" Depth)- Manhole (Revocable) Ea. 5 $500.00 $2,500.00 $2,800.00 $14,000.00 $550.00 $2,750.00 $350.00 $1,750.00 $500.00 $2,500.00 $3,190.00 $15,950.00

14. Remove and Replace HMA Ring (2" Depth)- Monument (Revocable) Ea. 5 $500.00 $2,500.00 $1,680.00 $8,400.00 $550.00 $2,750.00 $300.00 $1,500.00 $500.00 $2,500.00 $3,190.00 $15,950.00

15. Hot Mix Asphalt (HMA) Leveling Course Ton 1,400 $160.00 $224,000.00 $190.75 $267,050.00 $252.00 $352,800.00 $223.00 $312,200.00 $180.00 $252,000.00 $172.00 $240,800.0016. Hot Mix Asphalt (HMA) Overlay Ton 5,000 $155.00 $775,000.00 $158.67 $793,350.00 $144.00 $720,000.00 $148.00 $740,000.00 $180.00 $900,000.00 $241.00 $1,205,000.00

17. Remove and Replace Hot Mix Asphalt (HMA) Speed Humps Ea. 4 $8,000.00 $32,000.00 $13,440.00 $53,760.00 $2,770.00 $11,080.00 $6,900.00 $27,600.00 $6,000.00 $24,000.00 $9,500.00 $38,000.00

18. 4" Depth Digouts S.F. 4,000 $8.00 $32,000.00 $5.54 $22,160.00 $11.50 $46,000.00 $11.00 $44,000.00 $12.00 $48,000.00 $10.00 $40,000.0019. 2" Depth Digouts S.F. 6,000 $4.00 $24,000.00 $5.54 $33,240.00 $7.00 $42,000.00 $8.00 $48,000.00 $8.00 $48,000.00 $6.00 $36,000.00

20. 18' Wedge Grind L.F. 600 $15.00 $9,000.00 $20.16 $12,096.00 $33.00 $19,800.00 $12.00 $7,200.00 $35.00 $21,000.00 $17.00 $10,200.0021. 6' Wedge Grind L.F. 22,000 $2.50 $55,000.00 $6.01 $132,220.00 $6.50 $143,000.00 $6.00 $132,000.00 $5.00 $110,000.00 $5.00 $110,000.00

22. 4' Wedge Grind L.F. 1,500 $3.00 $4,500.00 $13.44 $20,160.00 $6.00 $9,000.00 $6.00 $9,000.00 $12.00 $18,000.00 $11.00 $16,500.00 O’Grady Paving Radius Earthwork Joseph J. Albanese G. Bortolotto & Co. DeSilva Gates Construction Granite Construction

ATTACHMENT 2

ITEM NO. 8.

ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION

23. Asphalt Removal–2” Depth S.Y. 13,000 $6.00 $78,000.00 $6.60 $85,800.00 $8.75 $113,750.00 $6.82 $88,660.00 $6.00 $78,000.00 $3.00 $39,000.00

24. Asphalt Crack Sealing L.S. 1 $155,000.00 $155,000.00 $156,800.00 $156,800.00 $180,000.00 $180,000.00 $150,000.00 $150,000.00 $160,000.00 $160,000.00 $140,000.00 $140,000.00

25. Micro Surfacing (Black Aggregate) S.Y. 102,000 $2.70 $275,400.00 $2.80 $285,600.00 $3.50 $357,000.00 $2.75 $280,500.00 $2.70 $275,400.00 $3.00 $306,000.00

26. Pavement Marker and Striping Removal L.S. 1 $76,000.00 $76,000.00 $76,412.00 $76,412.00 $96,000.00 $96,000.00 $73,225.00 $73,225.00 $100,000.00 $100,000.00 $71,000.00 $71,000.0027. Detail 2 Striping-Thermoplastic L.F. 2,150 $2.00 $4,300.00 $1.96 $4,214.00 $2.00 $4,300.00 $2.00 $4,300.00 $2.00 $4,300.00 $1.82 $3,913.00

28. Detail 9 Striping-Thermoplastic L.F. 1,050 $2.00 $2,100.00 $1.96 $2,058.00 $2.00 $2,100.00 $2.00 $2,100.00 $2.00 $2,100.00 $1.82 $1,911.00

29. Detail 22 Striping-Thermoplastic L.F. 5,400 $4.70 $25,380.00 $4.76 $25,704.00 $5.00 $27,000.00 $4.50 $24,300.00 $4.00 $21,600.00 $4.42 $23,868.00

30. Detail 25 Striping-Thermoplastic L.F. 1,000 $2.50 $2,500.00 $2.52 $2,520.00 $2.50 $2,500.00 $2.75 $2,750.00 $3.00 $3,000.00 $2.34 $2,340.00

31. Detail 25A Striping-Thermoplastic L.F. 100 $3.00 $300.00 $2.58 $258.00 $2.50 $250.00 $4.30 $430.00 $3.00 $300.00 $2.39 $239.00

32. Detail 27B Striping-Thermoplastic L.F. 4,100 $2.20 $9,020.00 $2.24 $9,184.00 $2.25 $9,225.00 $2.25 $9,225.00 $2.00 $8,200.00 $2.08 $8,528.00

33. Detail 29 Striping-Thermoplastic L.F. 280 $10.00 $2,800.00 $9.24 $2,587.20 $9.00 $2,520.00 $10.25 $2,870.00 $8.00 $2,240.00 $8.59 $2,405.2034. Detail 38 Striping-Thermoplastic L.F. 240 $3.50 $840.00 $3.64 $873.60 $4.00 $960.00 $3.50 $840.00 $4.00 $960.00 $3.38 $811.20

35. Detail 38A Striping-Thermoplastic L.F. 240 $4.00 $960.00 $3.36 $806.40 $4.00 $960.00 $4.00 $960.00 $4.00 $960.00 $3.12 $748.80

36. Detail 39 Striping-Thermoplastic L.F. 850 $3.00 $2,550.00 $2.24 $1,904.00 $3.00 $2,550.00 $3.00 $2,550.00 $2.00 $1,700.00 $2.08 $1,768.00

37. Detail 39A Striping-Thermoplastic L.F. 220 $3.00 $660.00 $2.24 $492.80 $3.00 $660.00 $4.00 $880.00 $2.00 $440.00 $2.08 $457.60

38. 12" Limit Line (Stop Line) (White)- Thermoplastic L.F. 1,500 $13.00 $19,500.00 $13.44 $20,160.00 $13.00 $19,500.00 $12.50 $18,750.00 $12.00 $18,000.00 $12.49 $18,735.00

39. 12" Line (Yellow)-Thermoplastic L.F. 500 $13.00 $6,500.00 $13.44 $6,720.00 $13.00 $6,500.00 $13.00 $6,500.00 $12.00 $6,000.00 $12.49 $6,245.0040. Yield Line-TLG Std. TR-B-Thermoplastic L.F. 30 $13.00 $390.00 $13.44 $403.20 $13.00 $390.00 $15.00 $450.00 $12.00 $360.00 $12.49 $374.70

41. Crosswalk (White)-Thermoplastic L.F. 280 $30.00 $8,400.00 $26.88 $7,526.40 $27.00 $7,560.00 $27.00 $7,560.00 $24.00 $6,720.00 $24.98 $6,994.40

42. 4" Hatch (Yellow)-Thermoplastic L.F. 160 $5.00 $800.00 $4.48 $716.80 $5.00 $800.00 $7.00 $1,120.00 $4.00 $640.00 $4.16 $665.60

43. AHEAD Legend-Thermoplastic Ea. 1 $400.00 $400.00 $369.60 $369.60 $365.00 $365.00 $500.00 $500.00 $400.00 $400.00 $343.42 $343.42

44. STOP Legend-Thermoplastic Ea. 43 $300.00 $12,900.00 $280.00 $12,040.00 $275.00 $11,825.00 $255.00 $10,965.00 $300.00 $12,900.00 $260.16 $11,186.88

45. 20 Legend-Thermoplastic Ea. 4 $250.00 $1,000.00 $229.60 $918.40 $230.00 $920.00 $255.00 $1,020.00 $200.00 $800.00 $213.33 $853.32

46. 25 Legend-Thermoplastic Ea. 16 $220.00 $3,520.00 $224.00 $3,584.00 $230.00 $3,680.00 $225.00 $3,600.00 $200.00 $3,200.00 $208.13 $3,330.08

47. 35 Legend-Thermoplastic Ea. 2 $200.00 $400.00 $201.60 $403.20 $200.00 $400.00 $250.00 $500.00 $200.00 $400.00 $187.32 $374.64

ITEM NO. 8.

ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION

48. Speed Hump Marking-TLG Std. TR-J- Thermoplastic Ea. 7 $700.00 $4,900.00 $756.00 $5,292.00 $750.00 $5,250.00 $710.00 $4,970.00 $700.00 $4,900.00 $702.44 $4,917.0849. Type IV (L) Arrow-Thermoplastic Ea. 8 $200.00 $1,600.00 $179.20 $1,433.60 $175.00 $1,400.00 $210.00 $1,680.00 $160.00 $1,280.00 $166.51 $1,332.0850. Shared Roadway Bicycle Marking-TLG Std. TR-G-Thermoplastic (Revocable) Ea. 1 $200.00 $200.00 $179.20 $179.20 $175.00 $175.00 $220.00 $220.00 $160.00 $160.00 $166.50 $166.5051. On-Street Parking "T"-TLG Std. TR-L- Thermoplastic Ea. 11 $90.00 $990.00 $95.20 $1,047.20 $95.00 $1,045.00 $100.00 $1,100.00 $85.00 $935.00 $88.46 $973.06

52. Red Curb L.F. 3,000 $6.50 $19,500.00 $6.72 $20,160.00 $7.00 $21,000.00 $6.25 $18,750.00 $6.00 $18,000.00 $6.24 $18,720.00

53. Blue Reflective Pavement Marker Ea. 65 $30.00 $1,950.00 $28.00 $1,820.00 $28.00 $1,820.00 $35.00 $2,275.00 $25.00 $1,625.00 $26.02 $1,691.30

54. Green Back Bike Lane Symbol with Arrow Legend-TLG Std. TR-A-Thermoplastic Ea. 3 $1,200.00 $3,600.00 $1,204.00 $3,612.00 $1,200.00 $3,600.00 $1,175.00 $3,525.00 $1,000.00 $3,000.00 $1,118.70 $3,356.1055. Green Bike Lane-Thermoplastic L.F. 180 $100.00 $18,000.00 $95.20 $17,136.00 $95.00 $17,100.00 $105.00 $18,900.00 $85.00 $15,300.00 $88.46 $15,922.80

56. Dashed Green Bike Lane-Thermoplastic L.F. 200 $30.00 $6,000.00 $28.00 $5,600.00 $28.00 $5,600.00 $30.00 $6,000.00 $25.00 $5,000.00 $26.02 $5,204.0057. Install Flexible Post (Revocable) Ea. 10 $550.00 $5,500.00 $548.80 $5,488.00 $540.00 $5,400.00 $510.00 $5,100.00 $500.00 $5,000.00 $509.92 $5,099.20

58. Install New Sign and New Post (Revocable) Ea. 1 $600.00 $600.00 $560.00 $560.00 $555.00 $555.00 $600.00 $600.00 $500.00 $500.00 $520.33 $520.33

59. Install New Sign on Existing Post (Revocable) Ea. 1 $400.00 $400.00 $392.00 $392.00 $390.00 $390.00 $450.00 $450.00 $400.00 $400.00 $364.23 $364.2360. Salvage Sign From Roadside Post/Pole (Revocable) Ea. 1 $250.00 $250.00 $252.00 $252.00 $250.00 $250.00 $325.00 $325.00 $250.00 $250.00 $234.15 $234.1561. Remove Sign Post (Revocable) Ea. 1 $300.00 $300.00 $308.00 $308.00 $305.00 $305.00 $375.00 $375.00 $300.00 $300.00 $286.18 $286.18

BASE BID
TOTAL $2,864,810.00 BASE BID TOTAL $3,011,227.60 BASE BID TOTAL $3,222,985.00 BASE BID TOTAL $3,303,325.00 BASE BID TOTAL $3,656,656.00 BASE BID TOTAL $4,449,214.85 ADD. ALTERNATE 1:

ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION A1.1. Adjust Sanitary Sewer Manhole to Grade Ea. 48 $500.00 $24,000.00 $1,008.00 $48,384.00 $1,000.00 $48,000.00 $950.00 $45,600.00 $1,000.00 $48,000.00 $2,090.00 $100,320.00 A1.2. Adjust Storm Manhole to Grade Ea. 22 $500.00 $11,000.00 $1,344.00 $29,568.00 $1,000.00 $22,000.00 $950.00 $20,900.00 $1,000.00 $22,000.00 $2,090.00 $45,980.00 A1.3. Adjust Survey Monument Cover to Grade Ea. 45 $500.00 $22,500.00 $672.00 $30,240.00 $750.00 $33,750.00 $750.00 $33,750.00 $700.00 $31,500.00 $1,430.00 $64,350.00A1.4. Adjust Water Valve Cover to Grade Ea. 46 $500.00 $23,000.00 $784.00 $36,064.00 $750.00 $34,500.00 $750.00 $34,500.00 $700.00 $32,200.00 $1,460.00 $67,160.00 A1.5. Hot Mix Asphalt (HMA) Leveling Course Ton 500 $190.00 $95,000.00 $213.74 $106,870.00 $275.00 $137,500.00 $223.00 $111,500.00 $250.00 $125,000.00 $240.00 $120,000.00 A1.6. 4" Depth Digouts S.F. 4,000 $8.00 $32,000.00 $8.40 $33,600.00 $11.50 $46,000.00 $11.00 $44,000.00 $12.00 $48,000.00 $22.00 $88,000.00 A1.7. 2" Depth Digouts S.F. 6,000 $4.00 $24,000.00 $5.60 $33,600.00 $7.00 $42,000.00 $8.00 $48,000.00 $8.00 $48,000.00 $17.00 $102,000.00 A1.8. Slurry Seal (Black Aggregate) S.Y. 37,000 $3.50 $129,500.00 $3.64 $134,680.00 $3.50 $129,500.00 $3.75 $138,750.00 $5.00 $185,000.00 $4.00 $148,000.00 O’Grady Paving Radius Earthwork Joseph J. Albanese G. Bortolotto & Co. DeSilva Gates Construction Granite Construction

ITEM NO. 8.

ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION A1.9. Detail 9 Striping-Thermoplastic L.F. 570 $2.00 $1,140.00 $1.96 $1,117.20 $2.00 $1,140.00 $3.00 $1,710.00 $2.00 $1,140.00 $1.82 $1,037.40 A1.10. Detail 22 Striping-Thermoplastic L.F. 250 $4.50 $1,125.00 $4.76 $1,190.00 $5.00 $1,250.00 $6.00 $1,500.00 $5.00 $1,250.00 $4.42 $1,105.00 A1.11. 12" Limit Line (Stop Line) (White)- Thermoplastic L.F. 270 $13.00 $3,510.00 $13.44 $3,628.80 $13.00 $3,510.00 $14.00 $3,780.00 $12.00 $3,240.00 $12.49 $3,372.30A1.12. 12" Line (Yellow)-Thermoplastic L.F. 110 $13.00 $1,430.00 $13.44 $1,478.40 $13.00 $1,430.00 $14.00 $1,540.00 $12.00 $1,320.00 $12.49 $1,373.90A1.13. Crosswalk (White)-Thermoplastic L.F. 150 $30.00 $4,500.00 $26.88 $4,032.00 $27.00 $4,050.00 $28.00 $4,200.00 $25.00 $3,750.00 $24.98 $3,747.00 A1.14. Crosswalk-TLG Std. TR-I (Yellow)- Thermoplastic L.F. 130 $110.00 $14,300.00 $112.00 $14,560.00 $110.00 $14,300.00 $125.00 $16,250.00 $100.00 $13,000.00 $104.07 $13,529.10 A1.15. 4" Hatch (White)-Thermoplastic L.F. 34 $5.00 $170.00 $4.48 $152.32 $5.00 $170.00 $7.00 $238.00 $4.00 $136.00 $4.16 $141.44 A1.16. STOP Legend-Thermoplastic Ea. 13 $300.00 $3,900.00 $280.00 $3,640.00 $275.00 $3,575.00 $300.00 $3,900.00 $250.00 $3,250.00 $260.16 $3,382.08A1.17. 20 Legend-Thermoplastic Ea. 1 $240.00 $240.00 $229.60 $229.60 $250.00 $250.00 $255.00 $255.00 $200.00 $200.00 $213.33 $213.33 A1.18. International Symbol of Accessibility (ISA) Marking-Thermoplastic Ea. 2 $600.00 $1,200.00 $588.00 $1,176.00 $600.00 $1,200.00 $625.00 $1,250.00 $500.00 $1,000.00 $546.35 $1,092.70 A1.19. On-Street Parking "T"-TLG Std. TR-L- Thermoplastic Ea. 60 $110.00 $6,600.00 $112.00 $6,720.00 $110.00 $6,600.00 $150.00 $9,000.00 $100.00 $6,000.00 $104.07 $6,244.20 A1.20. Off-Street Parking Double Stripe-TLG St. ST- 264-Thermoplastic Ea. 22 $200.00 $4,400.00 $168.00 $3,696.00 $165.00 $3,630.00 $200.00 $4,400.00 $150.00 $3,300.00 $156.10 $3,434.20A1.21. Red Curb L.F. 870 $6.50 $5,655.00 $6.72 $5,846.40 $7.00 $6,090.00 $7.00 $6,090.00 $6.00 $5,220.00 $6.24 $5,428.80 A1.22. Blue Reflective Pavement Marker Ea. 15 $30.00 $450.00 $28.00 $420.00 $28.00 $420.00 $35.00 $525.00 $25.00 $375.00 $26.02 $390.30 ADD. ALT. 1
TOTAL $409,620.00 ADD. ALT. 1 TOTAL $500,892.72 ADD. ALT. 1 TOTAL $540,865.00 ADD. ALT. 1 TOTAL $531,638.00 ADD. ALT. 1 TOTAL $582,881.00 ADD. ALT. 1 TOTAL $780,301.75 GRAND
TOTAL $3,274,430.00 GRAND TOTAL $3,512,120.32 GRAND TOTAL $3,763,850.00 GRAND TOTAL $3,834,963.00 GRAND TOTAL $4,239,537.00 GRAND TOTAL $5,229,516.60 This certifies that all bids were received and opened on May 8, 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

ITEM NO. 8.

Agreement for Consultant Services ATTACHMENT 3
BKS Associates

AGREEMENT FOR CONSULTANT SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on this 4th day of June 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) BSK Associates (“Consultant”), identified as an () and whose address is 2510 Seaboard Avenue, San Jose, CA 95131. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to engage Consultant to provide materials testing for the 2024 Annual Street and Repair Resurfacing Project.

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

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Consultant acknowledges Town has relied upon these warranties to retain Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal sent to the Town on May 20, 2024, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect upon execution to December 31, 2024. Consultant shall perform the services described in this agreement as described in Exhibit A.

2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant 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. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's

ITEM NO. 8.

Agreement for Consultant Services ATTACHMENT 2
BKS Associates
services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant 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 Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

2.6 Compensation. Compensation for Consultant's professional services shall not exceed $48,356, inclusive of all costs. 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
Email (preferred): [email protected]

2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's 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 Consultant. 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 Consultant, 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

ITEM NO. 8.

Agreement for Consultant Services ATTACHMENT 2
BKS Associates
obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant 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. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant 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 Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant 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, Consultant 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. Consultant 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, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant 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. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Consultant 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. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to

ITEM NO. 8.

Agreement for Consultant Services ATTACHMENT 2
BKS Associates
an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

General Liability:
i. The Town, its elected and appointed officials, employees, and, agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant'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, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence

ITEM NO. 8.

Agreement for Consultant Services ATTACHMENT 2
BKS Associates
of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, 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 Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.

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 Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

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

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

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

ITEM NO. 8.

Agreement for Consultant Services ATTACHMENT 2
BKS Associates
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
BKS Associates
2510 Seaboard Avenue
San Jose, CA 95131
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

4.7 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.

4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. 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.

ITEM NO. 8.

Agreement for Consultant Services ATTACHMENT 2
BKS Associates
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos by:

Laurel Prevetti, Town Manager

Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Consultant by:

Name, Title
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk

ITEM NO. 8.
2510 Seaboard Avenue
San Jose, CA 95131
925.315.3151
www.bskassociates.com
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company May 20, 2024 BSK Proposal C24000962
Ms. Janice Chin
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
SUBJECT: Materials Testing Services
Los Gatos 2024 Annual Street Repair and Resurfacing Project #811-9901 Various Locations
Los Gatos, CA 95030
Dear Ms. Chin:

BSK Associates is pleased to submit this proposal for Materials Testing Services required for the Los Gatos 2024 Annual Street Repair and Resurfacing Project #811-9901 in Los Gatos, CA. We have developed this proposal package specifically with your needs in mind and based on our review of the provide project plans and specifications, correspondence with you regarding the project, and our prior experience with projects of this size and nature. If any changes to the proposed scope of work / testing frequencies are required, we are happy to adjust based on the Town’s input.

For your approval, we have included our scope of services and fee estimate, and our basis for invoicing. Should a detailed project schedule become available, BSK would appreciate the opportunity to confirm our estimate fits the final requirements of the project. Rates not specifically quoted will be charged per our Town of Los Gatos On-Call Schedule of Fees, attached. The hourly rates/charges quoted are for the project duration. It is our understanding that there is no Project Labor Agreement in-place on this project, and that the project is subject to State of California prevailing wage requirements as determined by the Department of Industrial Relations.

We appreciate the opportunity to submit this proposal. If you should have further questions or comments, please give us a call. We appreciate the opportunity to work with you. We will schedule the work upon issuance of a contract for this project.

Respectfully submitted,
BSK Associates
Michael Kibbey Tim Rodriguez
CSD Group Manager COO
Enclosure
Scope of Services and Fee Estimate
Basis for Invoicing

EXHIBIT A

ITEM NO. 8.

Materials Testing Services BSK Proposal C24000962
Los Gatos 2024 Annual Street Repair and Resurfacing Project #811-9901 May 20, 2024 Los Gatos, CA Page 2

SCOPE OF SERVICES AND FEE ESTIMATE
Los Gatos 2024 Annual Street Repair and Resurfacing Project #811-9901 Various Locations, Los Gatos, CA

BASE BID

DAYS HRS/DAY HOURS RATE EXTENSION
Earthwork Construction
Micro Surfacing - Group 3 Engineering Techncian 4 8 32 $146.00 $4,672.00 Digout Repairs - Group 3 Engineering Techncian 3 8 24 $146.00 $3,504.00 Hot Mix Asphalt (HMA) - Group 3 Engineering Techncian 6 8 48 $146.00 $7,008.00 Nuclear Gauge Equipment Fee 9 $70.00 $630.00
Trip Charge (Mileage) 13 $30.00 $390.00
FIELD SERVICES ESTIMATE $16,204.00

SETS/UNITS RATE EXTENSION
Micro Surfacing
Viscosity - Emulsion (AASHTO T59) 1 $120.00 $120.00
Sieve Test - Emulsion (AASHTO T59) 1 $100.00 $100.00
Particle Charge - Emulsion (AASHTO T59) 1 $100.00 $100.00 Storage Stability - Emulsion (AASHTO T59) 1 $195.00 $195.00 Residue by Distillation - Emulsion (ASTM D244) 1 $185.00 $185.00 Penetration - Residue (AASHTO T51) 1 $100.00 $100.00
Softening Point - Residue (AASHTO T53) 1 $135.00 $135.00 Durability Index (CTM 229) 1 $315.00 $315.00
Abrasion Resistance (ASTM C131) 1 $296.00 $296.00
Sieve Analysis of Fine & Coarse Aggregate (C136) 4 $215.00 $860.00 Sand Equivalent (ASTM D2419) 4 $159.00 $636.00
Digout Repairs
AC Max Density Rice Method (AASHTO T209) 1 $315.00 $315.00 Compaction Curves - Base Rock (6" Mold) 1 $320.00 $320.00 Compaction Curves - Site Soils (4" Mold) 1 $320.00 $320.00 Hot Mix Asphalt
Asphalt Binder Content (AASHTO T308) 9 $282.00 $2,538.00 AC Max Density Rice Method (AASHTO T209) 6 $315.00 $1,890.00 Ignition Oven Correction Factor (AASHTO T308) 2 $656.00 $1,312.00 Gyratory Compaction (AASHTO T312) 2 $421.00 $842.00
Sand Equivalent (AASHTO T176) 9 $159.00 $1,431.00
Sieve Analysis, Coarse and Fine (AASHTO T27) 9 $210.00 $1,890.00 Percent of Crushed Particles (AASHTO T335) 2 $208.00 $416.00 Los Angeles Rattler (AASHTO T96) 2 $360.00 $720.00
Fine Aggregate Angularity (AASHTO T304) 2 $93.00 $186.00 Flat and Elongated Particles (ASTM D4791) 2 $159.00 $318.00 Volumetric Calculations (VMA, VFA, DP, AV, Eff.Calcs) 2 $67.00 $134.00 LABORATORY TESTING ESTIMATE $15,674.00
1 per material
1 per mix
1 per mix
1 per mix
1 per mix
1 per project
1 per 750 tons
1 per 750 tons
1 per mix
1 per 750 tons
1 per day
1 per mix
1 per day
1 per project/material
1 per project/material
1 per project/material
1 per project/material
1 per project/material
1 per day

FIELD SERVICES

LABORATORY TESTING FREQUENCY
1 per mix
1 per material
1 per project/material
1 per project/material
1 per project/material
1 per project/material
Invoice and Report Distribution
On-Call Schedule of Fees

ITEM NO. 8.

Materials Testing Services BSK Proposal C24000962
Los Gatos 2024 Annual Street Repair and Resurfacing Project #811-9901 May 20, 2024 Los Gatos, CA Page 3
Alternative 1

DAYS HRS/DAY HOURS RATE EXTENSION
Earthwork Construction
Slurry Seal - Group 3 Engineering Techncian 2 8 16 $146.00 $2,336.00 Digout Repairs - Group 3 Engineering Techncian 3 8 24 $146.00 $3,504.00 Hot Mix Asphalt (HMA) - Group 3 Engineering Techncian 1 8 8 $146.00 $1,168.00 Nuclear Gauge Equipment Fee 4 $70.00 $280.00
Trip Charge (Mileage) 6 $30.00 $180.00
FIELD SERVICES ESTIMATE $7,468.00

SETS/UNITS RATE EXTENSION
Slurry Seal/Microsurfacing
Viscosity - Emulsion (AASHTO T59) 1 $120.00 $120.00
Sieve Test - Emulsion (AASHTO T59) 1 $100.00 $100.00
Particle Charge - Emulsion (AASHTO T59) 1 $100.00 $100.00 Storage Stability - Emulsion (AASHTO T59) 1 $195.00 $195.00 Residue by Distillation - Emulsion (ASTM D244) 1 $185.00 $185.00 Penetration - Residue (AASHTO T51) 1 $100.00 $100.00
Softening Point - Residue (AASHTO T53) 1 $135.00 $135.00 Durability Index (CTM 229) 1 $315.00 $315.00
Abrasion Resistance (ASTM C131) 1 $296.00 $296.00
Sieve Analysis of Fine & Coarse Aggregate (C136) 2 $215.00 $430.00 Sand Equivalent (ASTM D2419) 2 $159.00 $318.00
Digout Repairs
AC Max Density Rice Method (AASHTO T209) 1 $315.00 $315.00 Compaction Curves - Base Rock (6" Mold) 1 $320.00 $320.00 Compaction Curves - Site Soils (4" Mold) 1 $320.00 $320.00 Hot Mix Asphalt
Asphalt Binder Content (AASHTO T308) 1 $282.00 $282.00
AC Max Density Rice Method (AASHTO T209) 1 $315.00 $315.00 Sand Equivalent (AASHTO T176) 1 $159.00 $159.00
Sieve Analysis, Coarse and Fine (AASHTO T27) 1 $210.00 $210.00 LABORATORY TESTING ESTIMATE $4,215.00

HOURS RATE EXTENSION
Principal (Contract / Performance Oversight) 1 $285.00 $285.00 Registered Engineer (Review, support and reporting) 1 $250.00 $250.00 Project Manager (Field Oversight, Daily Report Review) 2 $250.00 $500.00 Administration (Data Processing, Report Prep., Field Coordination) 1 $100.00 $100.00 ADMINISTRATION ESTIMATE $1,135.00
TOTAL BUDGET ESTIMATE $12,818.00

BSK SERVICES ADMINISTRATION
1 per 750 tons
1 per 750 tons
1 per material
1 per 750 tons
1 per day
1 per material
1 per project/material
1 per project/material
1 per project/material
1 per project/material
1 per project/material
1 per project/material
1 per project/material
1 per day
1 per day
1 per mix
1 per project/material

FIELD SERVICES

LABORATORY TESTING FREQUENCY
1 per project/material

BSK SERVICES ADMINISTRATION HOURS RATE
$285.00

EXTENSION
Registered Engineer (Review, support and reporting)
4 4
1 $250.00
Project Manager (Field Oversight, Daily Report Review) $250.00 Principal (Contract / Performance Oversight)
$1,000.00
$1,000.00
$285.00
Administration (Data Processing, Report Prep., Field Coordination)

ADMINISTRATION ESTIMATE
$100.00
Reports
4 1 Per Permit 1 $375.00
Monthly
$3,660.00
Certified Payroll / DIR Upload $300.00
TOTAL BUDGET ESTIMATE $35,538.00
Final Affidavit $375.00
$400.00
2 $600.00

ITEM NO. 8.

Materials Testing Services BSK Proposal C24000962
Los Gatos 2024 Annual Street Repair and Resurfacing Project #811-9901 May 20, 2024 Los Gatos, CA Page 4

BASIS FOR INVOICING
Los Gatos 2024 Annual Street Repair and Resurfacing Project #811-9901 Various Locations, Los Gatos, CA
BASIS OF CHARGES:

The charge schedule listed below will be our basis for invoicing.

Show-up (No site work performed) Bill R/T Travel Time + 1 Hour Work up to 4 Hrs. Bill 4 Hours
Work from 4 to 8 Hrs. Bill 8 Hours
Work from 8 to 12 Hrs. and Saturdays Time and One Half
Work Over 12 Hrs., Sundays and Holidays Double Time
Travel (Portal-to-Portal) Hourly
Parking and Toll Charges (if applicable) Daily Rate
FEES:

Our services will be performed on a time and material basis at unit rates herein listed. Portal-to-portal charge is based from our Livermore office. Rates/charges not specifically quoted will be charged per our published Schedule of Fees. We estimate our fees for this project at $35,538.00 (Base Bid), and $12,818.00 (Alternative 1). This estimate is based upon our years of experience in this profession, but it is an estimate only. We endeavor to limit our charges to this estimate; however, events beyond our control may affect total cost. For example; if the work progresses quicker than anticipated, fees could be considerably less; or, if the work progresses slower than anticipated, our fees may exceed this estimate.

To account for such uncertainties, we suggest that a contingency budget of at least 20 percent of the above estimated fee for construction be set aside for our services.

It is our practice to notify you if it appears our fees will exceed our estimate, but due to the timing and nature of our services and to ensure that your project is not delayed, this may not always be possible. Our invoices however will serve as an update of our progress as well as fees charged versus our estimate.

Invoices are payable upon receipt and deemed delinquent if not paid within 30 days. Delinquent invoices may be subject to interest/service charges, and collection expenses including attorney’s fees, at our election. As necessary to accommodate the construction schedule, BSK may use contract special inspectors to augment our staff. Inspections performed by contract providers will be billed as specified for BSK employees, herein, and at the rates included in the Fee Estimate.

LIMITATIONS:

BSK Associates provides special inspection services to assist you in verifying that the work is in substantial conformance to the project documents and as required by the California Building Code. These services shall not be construed as acceptance of the work or relieve the contractor in any way from his/her obligations and responsibilities as outlined in the applicable construction documents. BSK assumes no responsibility for the safety of others on the jobsite or the methods and means of construction. BSK will make every effort to respond to the emergent needs of your project, to assure better service we ask that you schedule inspection/testing activities at least 24 hours in advance. To avoid show-up charges, cancel such requests at least four hours in advance of our arrival time. Section 1701 of the CBC requires the special inspection agency to file a final report for the project. The report will be issued upon complete reconciliation of your account. This proposal for construction services shall be valid for not more than sixty (60) days from the date of presentation.

ITEM NO. 8.

Materials Testing Services BSK Proposal C24000962
Los Gatos 2024 Annual Street Repair and Resurfacing Project #811-9901 May 20, 2024 Los Gatos, CA Page 5

INVOICE AND REPORT DISTRIBUTION
BSK Associates will issue our invoice to the following firm/contact. Please provide a separate accounts payable (AP) contact as appropriate:

Company: Town of Los Gatos
Address: 41 Miles Avenue
City, State, Zip: Los Gatos, CA 95030
Contact Name: Ms. Janice Chin
Contact Phone: 408.395.3460
E-Mail: [email protected]
AP Contact: ____________________________
AP Phone: _____________________________
AP E-Mail: _____________________________
BSK will issue special inspection and materials testing reports by electronic delivery to the following recipients. If additional recipients are desired, please complete and return this form accordingly:

Client:

Company: Town of Los Gatos
Address: 41 Miles Avenue
City, State, Zip: Los Gatos, CA, 95030
Contact Name: Ms. Janice Chin
Contact Phone: 408.395.3460
E-Mail: [email protected]
Building Department:

Agency Name: __________________________
Address: _______________________________
City, State, Zip: _________________________
Contact Name: __________________________
Contact Phone: _________________________
Contact E-Mail: _________________________
Other:

Company: ______________________________
Address: _______________________________
City, State, Zip: __________________________
Contact Name: __________________________
Contact Phone: _________________________
Contact E-Mail: _________________________
Other:

Company: ______________________________
Address: _______________________________
City, State, Zip: __________________________
Contact Name: __________________________
Contact Phone: _________________________
Contact E-Mail:__________________________

ITEM NO. 8.

BSK Associates - Schedule of Fees - July 1, 2023 to June 30, 2024 BSK Fee Schedule 2023-2 Page 1 of 3
Principal $ 285.00 Seismic GIS $ 220.00
Senior Professional $ 250.00 GIS Specialist $ 190.00
Project Professional II $ 235.00 Information Specialist II $ 180.00 Project Professional I $ 200.00 Information Specialist I $ 160.00 Staff Professional II $ 175.00 CAD $ 120.00
Staff Professional I $ 155.00 Litigation support 1.5x standard rate Project Administrator $ 110.00 Deposition / Trial 2.0x standard rate Administrative Assistant / Clerical $ 100.00
Non-Destructive Inspection/Testing $ 165.00 BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES Special Inspector $ 140.00 Field Work from 0 to 4 hours Bill 4 hours Engineering Technician $ 135.00 Field Work from 4 to 8 hours Bill 8 hours Technician $ 130.00 Field Work over 8 hours / Saturdays Bill time and a half Ground Penetrating Radar Scanning Technician $ 315.00 Sundays, holidays and over 12 hours Bill double time Core Drilling Technician $ 245.00 Night Shift (Shift commencing after 2pm / before 4am) Base Rate x 12.5% Floor Flatness Testing Technician $ 210.00 Show-up time (no work performed) Bill 2 hours Sample Pickup / Transportation / Delivery $ 170.00 Sampling or cylinder pickup, minimum charge Bill 2 hours Laboratory Technician $ 130.00
Group 1 - Special inspector $ 170.00 BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES Group 2 - Special Inspector $ 165.00 Field Work from 0 to 4 hours Bill 4 hours Group 3 - Engineering Technician $ 146.00 Field Work from 4 to 8 hours Bill 8 hours Group 3 - Geotechnical Professional $ 185.00 Field Work over 8 hours / Saturdays Bill time and a half Group 3 - Environmental Professional $ 185.00 Sundays, holidays and over 12 hours Bill double time Group 4 - Technician $ 130.00 Night Shift (Shift commencing after 2pm / before 4am) Base Rate x 12.5% Show-up time (no work performed) Bill 2 hours
Sampling or cylinder pickup, minimum charge Bill 2 hours Group 1 - Geotechnical Professional $ 185.00 BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES Group 1 - Environmental Professional $ 185.00 Field Work from 0 to 4 hours Bill 4 hours Group 1 - Technician $ 165.00 Field Work from 4 to 8 hours Bill 8 hours Group 2 - Special Inspector $ 170.00 Field Work over 8 hours / Saturdays Bill time and a half Group 3 - Non-Destuctive Testing (NDT) $ 180.00 Sundays, holidays and over 12 hours Bill double time Premium Shift (Weekday work before 6am / after 5pm) Bill time and a half Show-up time (no work performed) Bill 2 hours
Sampling or cylinder pickup, minimum charge Bill 2 hours Project Administration Fees 7% of Invoice DIR Administration Fees 3% of Invoice Mileage - 2x4 (Portal to Portal) $ 1.00 Certified Payroll / DIR Upload (Monthly) $ 300.00 Mileage - 4x4 (Portal to Portal) $ 2.00 Non-Performance Certified Payroll / DIR Upload (Monthly) $ 100.00 Bridge Toll Cost + 15% Subcontractor Management / Compliance Forms (Monthly) $ 100.00 Parking Fees Cost + 15% Additional LCP Tracker or Other Compliance Software (Monthly) $ 200.00 Per Diem (as required) Quote / $250 min. Additional Special Forms, as required (Monthly) $ 150.00 Subconsultant Services Cost + 15% Project Setup (Project) $ 525.00

REIMBURSABLES

NORTHERN CA PREVAILING WAGE LABOR RATES

SOUTHERN CA PREVAILING WAGE LABOR RATES

PERSONNEL RATES
Escalation: The prices noted below are subject to an increase of 5% annually, effective July 1 of each year following the initiation of a services agreement.

PROFESSIONAL STAFF

TECHNICAL STAFF - FIELD AND LABORATORY (NON-PREVAILING WAGE) The rates noted herein are subject to an annual increase of 3% or the Consumer Price Index (CPI) for the San Francisco Bay Area, whichever is higher, effective July 1st of each year following the initiation of a service agreement. Escalation:

ITEM NO. 8.

BSK Associates - Schedule of Fees - July 1, 2023 to June 30, 2024 BSK Fee Schedule 2023-2 Page 2 of 3
gINT (software) $ 65.00 Slide (software) $ 127.00
LPile (software) $ 65.00 Settle3D (software) $ 127.00
APile (software) $ 65.00 Cpet-IT (software) $ 65.00
SHAFT (software) $ 65.00 LiqSVs (software) $ 65.00
GROUP (software) $ 127.00 ArcGIS (software) $ 65.00
Cliq (software) $ 65.00 Surfer (software) $ 65.00
LiquefyPro (software) $ 65.00 Seep/W (software) $ 127.00 LiqIT (software) $ 65.00
Nuclear Gauge (Day) $ 70.00 10' PVC Blank - 2"(Each) $ 27.00 Skidmore Wilhelm Calibrator (Day) $ 70.00 10' PVC Blank - 4: (Each) $ 62.00 NDT Weld Testing Equipment - UT/MT/PT (Day) $ 70.00 10' PVC Screen - 2" (Each) $ 42.00 Proof Load Testing Equipment (Day) $ 70.00 10' PVC Screen - 4" (Each) $ 84.00 Torque Wrench (Day) $ 70.00 5' PVC Blank - 2" (Each) $ 18.00 GPR Scanning Equipment (Day) $ 325.00 5' PVC Blank - 4" (Each) $ 53.00 Rebar Locator/Pachometer (Day) $ 128.00 5' PVC Screen - 2" (Each) $ 27.00 Coring Equipment (day) $ 240.00 5' PVC Screen - 4" (Each) $ 69.00 Relative Humidity Meter (Day) $ 70.00 55 Gallon Drum (Each) $ 125.00 Moisture Emission Test Kit (Each) $ 48.00 6 "x 5' Steel Monument Cover (Each) $ 295.00 Wood Moisture Meter (Day) $ 70.00 Air Indicators (Each) $ 53.00 Air Meter (Concrete) $ 70.00 Combustible Gas Indicator (Day) $ 79.00 Laptop (Day) $ 75.00 Disposable Bailer (Each) $ 14.00
Document Scanner (Day) $ 32.00 HydroPunch Tip (Each) $ 25.00 Vehicle/Truck Charge (Day) $ 137.00 Lantec GEM 500 (Day) $ 258.00 Hand Auger (Day) $ 150.00 Locking Cap - 2" (Each) $ 25.00 Seismograph (Day) $ 317.00 Locking Cap - 4" (Each) $ 50.00 Hand-held GPS (Day) $ 97.00 Silicone Tubing (Foot) $ 9.00 Slope Inclinometer Probe (Each) $ 500.00 Tedlar Vapor Bags (Each) $ 30.00 Double Ring Infiltrometer (Day) $ 150.00 Bottom Cap (Each) $ 10.00 Drilling Kit - Paint/Stakes/Lath (Each) $ 34.00 Disposable Purge Pump Tubing (Foot) $ 2.00 Drilling Supplies (Tubes / Caps) $ 350.00 Bison Resistivity Meter (Day) $ 203.00 Sample Sleeve w/ Caps/Teflon 6" (Each) $ 13.00 Chem Grout Pump (Day) $ 132.00 Manometer (Day) $ 247.00 DC Purge Pump (Day) $ 67.00
Generator $ 105.00 Development Pump and Controller (Day) $ 92.00 Power Auger $ 105.00 Dissolved Oxygen Meter (Day) $ 80.00 AC Cold Patch (Each) $ 19.00 Grundfos Converter (Day) $ 89.00 Bentonite Grout (Bag) $ 27.00 HydroPunch II (Each) $ 317.00 Bentonite Medium Chips (Bag) $ 25.00 Interface Meter (Each) $ 119.00 Bentonite Pellets (Bucket / Bag) $ 189.00 Kemmer Sampler (Day) $ 46.00 Bentonite Powder (Bag) $ 15.00 ORP Meter (Each) $ 85.00 Filter Sand (Bag) $ 14.00 Sample Pump (Day) $ 127.00
Portland Cement (Bag) $ 19.00 Scanning Equipment (Day) $ 128.00 Ready Mix (Bag) $ 18.00 Water Level Data Logger (Day) $ 98.00 Padlocks (Each) $ 27.00 Telescopic Wastewater Sampler (Day) $ 67.00 pH/EC/Temperature Meter (Day) $ 75.00 SVE System (Month) $1,400.00 PID/OVA (Day) $ 150.00 Combustible Gas Meter (Day) $ 240.00 Steam Cleaner (Day) $ 139.00 Water Meter (Day) $ 65.00
Turbidity Kit (Day) $ 85.00 Flow Monitoring Equipment (Day) $ 389.00 Water Sample Filters (Each) $ 28.00 Liquid Proportional Sampling Equipment (Day) $ 394.00 Well Sounder (Day) $ 60.00 Gas Detector Pump (Each) $ 46.00 Well Vault Traffic Rated Box (Each) $ 139.00 Landfill Gas Chromatograph (Day) $ 260.00 Bollards (Each) $ 119.00 Support Truck (Day) $ 260.00
Air Compressor (Day) $ 70.00 Sound Level Meter (Each) $ 41.00 Continuous Core Sampler (Day) $ 325.00 Water Level Transducers (Each) $ 15.00 4" Disposable Bailers (Each) $ 25.00
Escalation: The prices noted below are subject to an increase of 5% annually, effective July 1 of each year following the initiation of a services agreement.

SOFTWARE AND EQUIPMENT

ANALYSIS SOFTWARE USAGE FEES

EQUIPMENT
The rates noted herein are subject to an annual increase of 3% or the Consumer Price Index (CPI) for the San Francisco Bay Area, whichever is higher, effective July 1st of each year following the initiation of a service agreement. Escalation:

ITEM NO. 8.

BSK Associates - Schedule of Fees - July 1, 2023 to June 30, 2024 BSK Fee Schedule 2023-2 Page 3 of 3
Modified or Standard Proctor - 4" or 6" Mold (ASTM / AASHTO) $ 320.00 % Crushed Particles / Fractured Particles (CT 205/AASHTO T335) $ 208.00 Proctor with Oversize Material (ASTM / AASHTO) $ 400.00 % Flat & Elongated (ASTM D4791) $ 159.00 Proctor Check Point (All Methods) $ 171.00 Minus 200 Wash/Aggregate (ASTM C117) $ 105.00 Caltrans Maximum Wet Density (CT 216) $ 270.00 Sieve Analysis w/ Wash (ASTM C136 / CT 202 / AASHTO T27) $ 215.00 Minus 200 Wash Soil (ASTM D1140) $ 105.00 Sieve Analysis - Coarse Only (ASTM C136 / CT 202 / AASHTO T27) $ 105.00 Moisture Content of Soils (ASTM D2216) $ 45.00 Coarse Specific Gravity / Absorption (ASTM C127/CT 206/AASHTO T85) $ 200.00 Plasticity Index (ASTM D4318) $ 276.00 Fine Specific Gravity / Absorption (ASTM C128/CT 207/AASHTO T84) $ 200.00 Expansion Index of Soils (UBC No. 29) $ 296.00 Sand Equivalent (ASTM D2419 / CT 217 / AASHTO T176) $ 159.00 Collapse Potential of Soils (ASTM D2435) $ 257.00 Durability Index (CT 229) $ 315.00 Organic Impurities (ASTM C40 / CT 213) $ 105.00 Abrasion by LA Rattler, Large Size (ASTM C131/CT 211/AASHTO T96) $ 360.00 Tube Density & Moisture Content of Soil (ASTM D2216, D2937)$ 54.00 Abrasion by LA Rattler, Small Size (ASTM C131/CT 211/AASHTO T96) $ 296.00 Visual Classification (ASTM D2488) $ 54.00 Cleanness Value of Aggregate (CT 227) $ 227.00 Hydrometer (ASTM D422 / CT 203) $ 300.00 Aggregate Wt pcf Compacted (ASTM C 29) $ 111.00 Double Hydrometer (ASTM D4221) $ 394.00 Gradation-Rip Rap - Per Sieve (D5519-Method A) $ 284.00 Uncompacted Void Content (CT 234 / AASHTO T304) $ 140.00 Sodium Sulfate Soundness-Min. Charge (ASTM C88/CT 214/AASHTO T104) $ 440.00 Sand Density Calibration (ASTM D1566) $ 220.00 Sodium Sulfate Soundness-Per Sieve (ASTM C88/CT 214/AASHTO T104) $ 140.00 Minimum Resistivity of Soils (CT 643) $ 177.00 R-Value of Soils (CT 301) $ 450.00 Consolidation (ASTM D2435) w/ 2 Time Rates $ 527.00 Soil Cement Compression - Set (ASTM D1633) $ 300.00 Consolidation (ASTM D2435) w/ No Time Rates $ 350.00 CIR / FDR Compressive Strength Testing - Set $ 300.00 Unconfined Compressive Strength, Soil (ASTM D2166) $ 140.00 CIR / FDR Sample Preparation / Compaction $ 275.00 Remolded Consolidation (ASTM D2435) $ 446.00 CBR (ASTM D1883/AASHTO T-180) $1,250.00 Minimum Index Density Soils (ASTM D4254) $ 87.00 Preparation of Soil-Cement Samples $ 947.00 Direct Shear Remolded (ASTM D3080) $ 330.00 Soluble Sulfate Chloride & Sulfide $ 164.00 Direct Shear (ASTM D3080) $ 276.00 pH Sulfate & Chloride $ 83.00 Remolded Direct Shear (ASTM D3080) $ 330.00 % Lumps/Friable Particles (ASTM C142) $ 102.00 Remolded Flexwall Perm (ASTM D5084) $ 704.00 % Organics in Soil (ASTM D2974) $ 172.00 JMF Mix Design, Superpave / Caltrans $11,274.00 Bitumen Content - Ignition (ASTM D6307 / CT382 / AASHTO T308) $ 282.00 JMF Verification - HMA - Superpave / Caltrans $6,533.00 Oil Content Correction Factor (ASTM D6307 / CT 382 / AASHTO T308) $ 656.00 JMF Production Startup - Superpave / Caltrans $6,078.00 Gradation from Extraction (ASTM D5444 / AASHTO T30) $ 171.00 RAP Material Testing - Additional Fee $ 790.00 Bulk Specific Gravity (CT308 / AASHTO T275 / ASTM D2726) $ 80.00 Rubberized RHMA Material - Additional Fee $1,824.00 HMA Theo. Max Density Rice Method (ASTM D2041 / CT 309 / AASHTO T209)$ 315.00 JMF Mix Design, HVEEM $3,900.00 Volumetric Calculations (VMA, VFA, DP, AV, Eff. Calcs) $ 67.00 JMF Mix Design, Marshall $4,627.00 Moisture Content of Asphalt (CT 370 / AASHTO T329) $ 83.00 Open Graded Asphalt Optimum Bitumen Content (CT 368) $2,785.00 Film Stripping $ 111.00 Gyratory Compaction - Set of 3 (AASHTO T312) $ 421.00 Compaction/Preparation of HMA Briquette (CT 304) $ 276.00 Hamburg Wheel Track (AASHTO T324) $2,500.00 Stabilometer Value - Set of 3 (CT366) $ 350.00 Tensile Strength Ratio (CT 371 / AASHTO T283) $1,380.00 Lab Mixed TSR - Moisture Induced Damage (AASHTO T283 / CT 371) $1,850.00 Marshall Maximum Density (ASTM D6926) $ 368.00 Calculated AC Maximum Density (CT 367) $ 125.00 Marshall Stability & Flow (ASTM D6927) $ 315.00 Thickness Determination of AC Cores $ 27.00 Compression Test Concrete - Per Cylinder (ASTM C39) $ 35.00 Flexural Test per Beam (ASTM C78 / CT 523) $ 112.00 Compression Test Concrete - Set of 4/5 (ASTM C39) $ 171.00 Linear Shrinkage - Set of 3 (ASTM C157) $ 500.00 Compression Test of Core (ASTM C42) $ 76.00 Unit Weight Lt Wt Concrete (ASTM C567) $ 70.00 Compressive Strength of Shotcrete Panel $ 400.00 Splitting Tensile Strength of Concrete (ASTM C496) $ 150.00 Compression Test Composite CMU Prism (1) $ 208.00 Compressive Strength CMU Block (ASTM C140) $ 240.00 Compression Test Grout (Set of 4) $ 151.00 Comp. Strength, SG, & Abs. of CMU - Per Block (ASTM C140) $ 276.00 Compression Test Mortar (Set of 3) $ 138.00 Masonry Linear Shrinkage (ASTM C426) $ 507.00 Tensile & Bend of Rebar #3-11 $ 186.00 Brinell Hardness of Steel (ASTM E10) $ 125.00 Slip and Tensile Rebar Couplers (CT 670) $ 270.00 Rockwell Hardness of Steel (ASTM E18) $ 125.00 Bolt Proof & Ultimate Load $ 178.00 Face Bend of Steel Coupon $ 76.00 Bolt Hardness - Set of 3 $ 125.00 Root Bend of Weld Coupon $ 76.00 Nut Proof Load - Set of 3 $ 178.00 Side Bend of Weld Coupon $ 76.00 Nut Hardness - Set of 3 $ 125.00 Tensile Test of Steel Coupon $ 105.00 Washer Hardness - Set of 3 $ 125.00 Bend Test of Steel Coupon $ 90.00 Dry Density Fireproofing (ASTM E605) $ 119.00 Adhesion / Cohesion Fireproofing Materials $ 159.00

METALS & FIREPROOFING
Escalation: The prices noted below are subject to an increase of 5% annually, effective July 1 of each year following the initiation of a services agreement.

MATERIALS LABORATORY TESTS
Standard Rate Applies to Normal Testing Schedule. Rush Order Turnaround Time Charged at 1.5 x Standard Unit Rates.

HOT MIX ASPHALT

CONCRETE & MASONRY

SOILS & AGGREGATES
The rates noted herein are subject to an annual increase of 3% or the Consumer Price Index (CPI) for the San Francisco Bay Area, whichever is higher, effective July 1st of each year following the initiation of a service agreement. Escalation:

ITEM NO. 8.

PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
DATE: May 28, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Establishing the Fiscal Year 2024/25 Gann Appropriation Limit for the Town of Los Gatos
RECOMMENDATION:

Adopt a resolution establishing the Fiscal Year (FY) 2024/25 Gann Appropriation Limit for the Town of Los Gatos.

BACKGROUND:

On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann Spending Limitation Initiative, establishing Article XIIIB of the California State Constitution. This Proposition, which became effective in FY 1980/81, mandated an appropriation (spending) limit on the amount of tax proceeds that the State and most local government jurisdictions may appropriate within a fiscal year. Charges for services, fees, grants, loans, donations, and other non-tax proceeds are excluded from the spending limitation. Exemptions are also made for voter-approved debt prior to January 1, 1979 and the cost of court-related or Federal government mandates.

The Initiative was later modified by two propositions: Proposition 98 in 1988 and Proposition 111 in 1990. Proposition 98 established the return of tax revenues exceeding appropriation limit levels to the State or citizens through a process of refunds, rebates, or other means.

Proposition 111 allowed more flexibility in the appropriation calculation factors.

DISCUSSION:

Attachment 1 for Council consideration is a resolution establishing an appropriation limit for FY 2024/25. The appropriation limit is based on population and per capita income data provided by the State of California Department of Finance. In alignment with State guidelines, the

ITEM NO. 9.

PAGE 2 OF 2
SUBJECT: Adopt a Resolution Establishing the FY 2024/25 Gann Appropriations Limit for the Town of Los Gatos
DATE: May 28, 2024
DISCUSSION (continued):
appropriation limit for FY 2024/25 was calculated using inflation and population factors comprised of the change in County or Town population (whichever is higher) and the change in California per capita personal income.

The calculation of the FY 2024/25 Gann Appropriation Limit is as follows:

The appropriation limit is the total amount of tax money that can be appropriated by the Town in FY 2024/25. The proposed FY 2024/25 budget anticipates $39,523,911 in taxes, which is $16,241,252 less than the appropriation limit of $55,765,163.

FISCAL IMPACT:

There is not a fiscal impact from this action.

ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. Resolution establishing the Gann Appropriation Limit for FY 2024/25 County Per Capita 2023/24 2024/25
Population Income Appropriation Appropriation Appropriation Factor Factor Factor Limit Limit

1.0002 X 1.0362 = 1.036407240 X $ 53,806,227 = $ 55,765,163 FY 2024/25 Calculation

ITEM NO. 9.
1 of 3
Resolution 2024- June 04, 2024
DRAFT RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING THE FY 2024/25 APPROPRIATIONS LIMIT

FOR THE TOWN OF LOS GATOS
WHEREAS, Article XIIIB of the California Constitution (Limitation of Government Appropriations) was passed by the California electorate on November 6, 1979, and became effective on July 1, 1980; and
WHEREAS, Chapter 1205, Statute of 1980, Section 7900 of the California Government Code formally implements methods for governmental entities to establish and define annual appropriations limits; and
WHEREAS, the growth factors used to calculate the Annual Appropriations Limit are County or Town population change and the increase in the California per capita income; WHEREAS, in addition to the annual inflation and population adjustments, state law requires the Appropriations Limit to be adjusted in the event that the financial responsibility for providing services is transferred in whole or in part from one entity of government to another; and
THEREFORE, BE IT RESOLVED: that the Annual Appropriations Limit for the Town of Los Gatos for FY 2024/25 is $55,765,163 as reflected in Exhibit A.

ATTACHMENT 1

ITEM NO. 9.
2 of 3
Resolution 2024- June 04, 2024
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4
th day of June 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. 9.
3 of 3
Resolution 2024- June 04, 2024

EXHIBIT A
For Beginning County Town Per Capita Ending %
YE Population Population Income Limit
Limit Factor Factor Factor Limit Increase
2010 28,426,367 1.0156 1.0108 1.0062 29,048,811 2.19%
2011 29,048,811 1.0126 1.0101 0.9746 28,667,689 -1.31%
2012 28,667,689 1.0089 1.0096 1.0251 29,669,366 3.49%
2013 29,669,366 1.0124 1.0081 1.0377 31,169,671 5.06%
2014 31,169,671 1.0157 1.0147 1.0512 33,279,977 6.77%
2015 33,279,977 1.0150 1.0102 0.9977 33,701,485 1.27%
2016 33,701,485 1.0113 1.0020 1.0382 35,384,256 4.99%
2017 35,384,256 1.0126 1.0070 1.0537 37,754,174 6.70%
2018 37,754,174 1.0081 1.0040 1.0369 39,464,396 4.53%
2019 39,464,396 1.0099 1.0050 1.0367 41,317,775 4.70%
2020 41,317,775 1.0033 0.9998 1.0385 43,050,108 4.19%
2021 43,050,108 1.0037 1.0234 1.0373 45,831,327 * 6.46% 2022 45,831,327 0.9944 0.9919 1.0573 48,186,101 ** 5.14% 2023 48,186,101 0.9931 0.9961 1.0755 51,622,037 7.13%
2024 51,622,037 0.9975 0.9980 1.0444 53,806,227 4.23%
2025 53,806,227 1.0002 0.9959 1.0362 55,765,163 3.64%
County Per Capita 2023/24 2024/25
Population Income Appropriation Appropriation Appropriation Factor Factor Factor Limit Limit

1.0002 X 1.0362 = 1.036407240 X $ 53,806,227 = $ 55,765,163 2024/25 2024/25 Percentage
Tax Appropriation of
Revenues Limit Limit
39,523,911 / $ 55,765,163 = 71%

APPROPRIATION LIMIT FACTORS
Appropriation Appropriation
June 30
FY 2024/25 Calculation
Percentage of Appropriation
*FY 2020/21 ending and FY 2021/22 beginning Appropriation Limit includes an adjustment of $130,503 to address the annexed parcels from Santa Clara County. The Town of Los Gatos increased its base by $130,503 while the County of Santa Clara decreased its base with the same amount.
**The State issued a list in December 2022 per State Subventions Pursuant to Government Code Section 7903(AN) that listed the Town of Los Gatos needing to report $7 million State Subvention pass through grant. The Town is still under the Gann Appropriation Limit with the additional $7 million pass through grant from FY 2021/22.

ITEM NO. 9.

PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, 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: 06/04/2024
DATE: May 20, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement with Los GatosMonte Sereno Safe Routes to School to Provide Education and Encouragement Programs and Crossing Guard Services for an Amount Not to Exceed $70,190
RECOMMENDATION:

Authorize the Town Manager to execute an agreement (Attachment 1) with Los Gatos-Monte Sereno Safe Routes to School to provide education and encouragement programs and crossing guard services for an amount not to exceed $70,190.

BACKGROUND:

Los Gatos-Monte Sereno Safe Routes to School (SRTS) is a non-profit organization that works with community members and eight local schools to provide educational and outreach programs. The mission of the organization is “…to be a catalyst for change in education programs, enforcement, and infrastructure projects that encourage increased use of alternative transportation methods, thereby reducing vehicular traffic and improving commute safety for bicyclists and pedestrians, and instilling lifelong healthy habits in students.” Since the passage of Santa Clara County’s Measure B, the Town of Los Gatos has used its share of the Education and Encouragement Measure B funding to support SRTS operations.

Specifically, the Town has included the salary of the Executive Director on its payroll and sought reimbursement for that expense through the Measure B Program. Monte Sereno uses its portion of the Measure B allocation to fund programs offered by SRTS.

At its June 15, 2021 meeting, Town Council authorized the Town Manager to enter into an agreement with SRTS through June 30, 2025 to provide education and encouragement

ITEM NO. 10.

PAGE 2 OF 3
SUBJECT: Authorize Town Manager to Execute an Agreement with Safe Routes to School DATE: May 20, 2024
BACKGROUND (continued):
programs using Measure B funds. The recommended action for this Council item would end that agreement one year early and replace it with the proposed agreement in Attachment 1.

Through the Los Gatos Monte Sereno Police Department (LGMSPD), the Town of Los Gatos has coordinated the contract services of crossing guards at schools in Los Gatos. The current crossing guard agreement is a four-party agreement between the Town, Los Gatos Union School District, Union School District, and the crossing guard vendor, All City Management, that expires on June 30, 2024. The Town’s portion of the crossing guard contract has been 20% of the total contract cost. The four-party agreement has created lack of clarity on who is responsible for managing the crossing guards – the LGMSPD or one of the school districts.

DISCUSSION:

If authorized by Town Council, the agreement in Attachment 1 would allow SRTS to continue providing services associated with Measure B Education and Encouragement programs. The arrangement would change slightly in that the Town would no longer pay a portion of the Executive Director’s salary through Town payroll. Under the new agreement, SRTS would fully fund the position and submit invoices for reimbursement to the Santa Clara Valley Transportation Authority (VTA). The cost of the education and encouragement programs would continue to be a net zero cost to the Town, with payment made under this agreement equal to the reimbursement received from VTA.

The proposed agreement would also allow for the Town’s fiscal contribution of $50,190 (in fiscal year 2024/25) to SRTS to be allocated toward the crossing guard program, and would relieve the Town’s administrative burden of managing the contractor and stakeholders. If authorized, the proposed agreement would provide SRTS with the Town’s portion of the funding and SRTS would work with the school districts to manage the crossing guard program.

CONCLUSION:

If approved, this action will provide ongoing support for SRTS education and encouragement programs while reducing the Town’s payroll; and it will allow for more effective and efficient management of the crossing guard program.

COORDINATION:

This memo has been coordinated with the LGMSPD, Finance Department, and the Town Attorney and Town Manager’s Offices.

ITEM NO. 10.

PAGE 3 OF 3
SUBJECT: Authorize Town Manager to Execute an Agreement with Safe Routes to School DATE: May 20, 2024
The proposed agreement was discussed at the May 17, 2024 Board meeting of SRTS. There was discussion about the need for SRTS to enter into an agreement with the crossing guard provider COORDINATION (continued):
and school districts to provide the crossing services. That agreement is in development and will be presented to the school boards in early June. The Board authorized the SRTS Executive Director to execute the agreement with the Town that is the subject of this requested Town Council action.

FISCAL IMPACT:

The Police Department Operating Budget has sufficient funds of $50,190 for crossing guard services (Account 4302- 63342).

The adopted Fiscal Year 2023/24 – 2027/28 Capital Improvement Program (CIP) Budget for this project has sufficient funds for the payment of $20,000 for education and encouragement services. Payments are subject to the appropriation of funds, and it is anticipated that future allocations of 2016 Measure B revenue received will allow for the future payments for the term of this agreement.

ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. Los Gatos-Monte Sereno Safe Routes to School Agreement for Services Budget Costs
2016 Measure B Funds $ 126,645
Total Budget $ 126,645
Costs
Misc. Project Costs (Including Encumbrances) $ 57,988
FY 2024/25 Education and Encouragement Services
(Requested with this Staff Report) $ 20,000
Total Expenditures $ 77,988
Available Balance $ 48,657
Measure B Education & Encouragement
CIP No. 812-0134

ITEM NO. 10.

Agreement for Consultant Services ATTACHMENT 1

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification on this 4th day of June 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Los Gatos-Monte Sereno Safe Route to School (SR2S) (“Consultant”), identified as a 501(c)(3) and whose address is 17010 Roberts Road, Los Gatos CA 95032. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to support access to safe walking and bicycling routes to schools located in the Town through the use of contracted crossing guards and by implementing education and encouragement programs.

1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement, by administering and operating the Town’s program consistent with the Town’s goals as set forth herein.

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Consultant acknowledges Town has relied upon these warranties to retain Consultant.

1.4 Parties agree that this Agreement supersedes all prior agreements between the Town and Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services consistent with their mission, consistent with the goals and objectives of the Valley Transportation Authority’s (VTA) Measure B Education and Encouragement Program, and the requirements of a crossing guard program for select schools. The services are further described in Exhibits A-1 and A-2.

2.2 Term and Time of Performance. This Agreement will remain in effect upon execution to June 30, 2029, subject to the appropriation of funds, notwithstanding any other provision of this agreement.

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

ITEM NO. 10.

Agreement for Consultant Services ATTACHMENT 1

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

2.5 Information/Report Handling. All reports and supportive data prepared for the Town by the Consultant under this Agreement shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. Unless otherwise agreed to by the Parties all reports, information, data, and exhibits prepared or assembled by Consultant for the Town in connection with the performance of its services pursuant to this Agreement and which are not generally known to the public, shall not be made available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release, or unless otherwise required to be released by law. The Town acknowledges that the reports to be prepared by the Consultant 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 Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

2.6 Compensation. Base compensation for Consultant's services shall not exceed $70,190 in Fiscal Year 2024/25, inclusive of all costs. Payment is based on $20,000 per year for education and encouragement services and $50,190 per year for crossing guard services.

Compensation will be subject to Budget Appropriations. Charges may be increased annually on the anniversary date of this Agreement, subject to prior written notice and with Town’s written approval, based on either: a) the San Francisco-Oakland-San José Metropolitan Area Consumer Price Index for all Urban Consumers for all items (CPI) of the preceding year ending on December 31; or b) cost increases from contracted services from the service provider for crossing guard services. If the CPI indicates a downward adjustment compensation would remain at the level of the preceding year. It is understood by both parties that this compensation is not intended to fully fund either of these programs and that the Consultant will seek funding sources outside of the Town for all costs.

Consultant’s ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. There are no reimbursable expenses permitted under this Agreement.

2.7 Billing. Billing shall be semi-annually by invoice on October 1 and March 1 and shall be accompanied by a detailed explanation of the work performed, including adequate information for the Town to secure reimbursement from the VTA for Education and Encouragement Measure B Programs.

ITEM NO. 10.

Agreement for Consultant Services ATTACHMENT 1

Payment shall be made within 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
e-mail: [email protected]

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

2.9 Assignability. This Agreement shall not be assigned without the written consent of the Town.

2.10 Independent Contractor. It is understood that the Consultant, including each of Consultant’s employees, agents, subcontractors, or others under Consultant’s supervision or control, 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 Consultant 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. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant 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 Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant 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, Consultant 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. Consultant 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, Consultant discovers it has employed a

ITEM NO. 10.

Agreement for Consultant Services ATTACHMENT 1
person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant 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. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance.
i. Consultant 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 and in the aggregate for bodily injury, personal injury and property damage.
ii. Consultant shall provide to the Town all certificates of insurance, with original endorsements affecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

3.2 General Liability.
i. The Town, its elected and appointed officers, officials, employees, and, volunteers are to be covered as additional insured as respects: the commercial general liability policy to cover liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects the Town with respect to this Agreement, its elected and appointed 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 Consultant's insurance and shall not contribute with it.

ITEM NO. 10.

Agreement for Consultant Services ATTACHMENT 1
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 Consultant'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.

3.3 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.

3.4 Workers’ Compensation. In addition to these policies, Consultant 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, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.

3.5 Indemnification.

Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the Town, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees.

Consultant’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

3.6 Subcontractors.
a. Consultant will require its subcontractors or agents who will perform any portion of the scope of services set forth in this Agreement, to maintain in force, during the term of this Agreement, a policy of general liability insurance, naming Town, its officers, officials, employees, and volunteers as additional insureds in the same amount and same terms as set forth in Sections 3.1(i) and 3.2(i) above. Coverage shall be evidenced by a certificate of insurance and an endorsement in a form satisfactory to the Town that shall be delivered to the Town with a copy of any contract between Consultant and its subcontractor/agents for provision of services related to this Agreement. Upon Consultant’s written request, Town may agree to waive or lower insurance policy limits including waiving the additional insurance requirement after consideration of the risk and special circumstances relevant to the subcontractor’s scope of work.

ITEM NO. 10.

Agreement for Consultant Services ATTACHMENT 1
b. Consultant will require its subcontractors or agents who will perform any portion of the scope of services set forth in this Agreement, to comply with the indemnification requirement set forth in Section 3.5 above. Consultant shall require such subcontractors or agents to defend, indemnify, and hold harmless the Town, its officers, officials, employees, and volunteers to the same extent and under the same terms and conditions as Consultant is required to defend, indemnify, and hold harmless the Town, its officers, officials, employees, and volunteers herein. Consultant shall provide Town with a copy of any contract between Consultant and its subcontractor/agents for provision of services related to this Agreement to verify compliance with this obligation.

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 Consultant shall have the right to terminate this agreement without cause by giving not less than ninety (90) days notice prior to the end of the Town's fiscal year. The Town and Consultant shall each have the right to terminate with cause (if the party in breach fails to cure the breach within a 30 day time period after notice of the breach) by giving not less than ninety (90) days written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

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

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

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

ITEM NO. 10.

Agreement for Consultant Services ATTACHMENT 1
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Los Gatos-Monte Sereno Safe Routes to
School
17010 Roberts Road
Los Gatos, CA 95032
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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

4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. 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.

4.9 Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.

4.10 Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

4.11 Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

4.12 Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]

ITEM NO. 10.

Agreement for Consultant Services ATTACHMENT 1
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos by:

Laurel Prevetti, Town Manager

Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Consultant by:

Wendy Riggs, Executive Director
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk

ITEM NO. 10.

EXHIBIT A
Agreement for Consultant Services
Exhibit A-1 – Scope of Services between the Town of Los Gatos and the Los Gatos-Monte Sereno Safe Routes to School Program
Town of Los Gatos
Task 1 - Measure B Bicycle & Pedestrian Education & Encouragement Program of Projects This schedule depicts the nature of the programs to be provided. Additions, deletions and changes may occur.

July 1, 2024 - June 30, 2025
Project Title Project Activities
Description
Project
Locations
Frequency Project Goals* Proposed Evaluation
Metrics*
Pre K Education 30 minutes of outdoor LGUSD Once a month ● To encourage children to learn to ride bikes.
● Encourage parents to
teach kids bike skills.
● 20 student participants
• Number of children
Opportunities: Learn on-bike training. elementary depending on participating to Ride Balance
Bikes Using classtime to introduce
schools. participation
rates.
• Number of locations we
offer the program
balance bike curriculum to Local preschools. • Number of sessions students. offered
Kindergarten Use a combination of a visual LGUSD 1 ● 2 schools = Present to 25% of kindergarteners.
• Number of students
Pedestrian Training presentation and outdoor elementary presentation participating crosswalk practice to teach schools. per • Number of schools kindergarteners how to be kindergarten participating
more aware as a pedestrian. class at each
LGUSD school
per year.

Grade 1 - Advanced To build on the Kindergarten LGUSD 1 ● 2 schools = Present to 25% of first graders.
• Number of students
Pedestrian Training Training by adding traffic flow elementary presentation participating and more advanced traffic schools. per first grade • Number of schools situations. In class visual class at each participating presentation and playground. LGUSD school
per year.

Grade 2 - Scooter To build on Pedestrian LGUSD 1 ● 1 school = Engage with • Number of students Training and Traffic training with focus on scooter elementary presentation 15% of second graders. participating Understanding safety and the schools. perschool at • Number of schools acknowledgment of traffic each LGUSD participating
flow.

Outdoor on-scooter training.
school per
year.

Grade 3 or 4-
Helmet Safety
Training
Middle school students present
the importance of
LGUSD
elementary
schools.
1 assembly
per LGUSD
school.
● 2 Schools = 50% of 3rd
or 4th graders.
• Number ofstudents
participating

ITEM NO. 10.

EXHIBIT A
Agreement for Consultant Services
wearing a helmet and how to
properly fit it.

Indoor assembly.
• Number ofschools
participating
Grade 4 - Practical outdoor on-bike
training for kids, showing them
varioustraffic situations and
how to best navigate them.

Develops a sense of
responsibility, confidence and
empowerment.

LGUSD 1 Bike Rodeo 4 Schools = 100% of 4th graders. •Number of students Bike Rodeo elementary perschool per that participate
schools. year. (maintain current
participation levels)
• Number ofschoolsthat
participate
Grade 5 & 6 - Practical outdoor on-bike Daves 4 week course 10 students who graduate the • Number of students Middle School training for kids. Elementary - 2 hours per program. that graduate the Cycling Proficiency School - Monte week. program.

Reviewing basic safety Sereno 1-2 courses offered.
manoeuvres and road riding. Neighborhood • Number of courses offered.

Develops a sense of
responsibility, confidence and
empowerment.

Grade 7 & 8 - Train
the Trainer: Helmet
Safety
Train Middle schoolstudents to
teach elementary school kids
about the importance of
wearing helmets.

Fisher Middle
School -
Leadership Class
1-2 times per
year.
1-2 training sessions completed. 15
student participants.
• Number ofstudents
that participate.
• Number oftraining
sessions completed.

Los Gatos High High school students learn Los Gatos High 1 class per Number ofstudents that • Number of students School - about key elements of riding School - Town of week - 90 participate - 20-30 that participate Implementation into on the roads. Los Gatos minutes. Total hours of education and • Total hours of Life Fitness Course practical road experience - goal education and practical On road experience on the
town roads navigating traffic.

Ongoing
class.
isto keep cycling in the HS
curriculum
road experience

ITEM NO. 10.

EXHIBIT A
Agreement for Consultant Services
LCI training Encourage Town members to
obtain their Licensed Cycling
Instructor License through the
American League of Cyclists to
help expand our programs
going forward.

Los Gatos
Location.
3 classes, 4
hour per class.
10 trained and licensed community
members.

Number of community
members trained and
licensed.

Educational Videos Online education on key areas
of concern in the community
regarding routes to school and
student transportation ( ie. key
intersections, helmets, bike
route mapping, key bike
manoeuvres.)
LGUSD
newsletters and
website, SR2S social
media and website.

Ongoing • 2 Videos.
• Develop a rollout procedure to
maximize views.
• Metricsto be developed along
with rollout procedure
Number of
students/familiesthat
see videos.

Safety Lessons in a Provide teachers/PE teachers LGUSD Schools Ongoing 1-2 schools using the curriculum. • Number of schools Set Curriculum / set curriculums to satisfy using the lesson plans Lesson Plan (rainy learning initiatives and target • Number of teachers day/substitute safety education using videos that use lesson plans teacher plans) & games- target elementary • Number of students school classes. that participate in
lessons

ITEM NO. 10.

EXHIBIT A
Agreement for Consultant Services
Task A-2 – Crossing Guard Services
Consultant shall provide Crossing Guard Services as defined below.

1. Manage and coordinate the Crossing Guard program to the satisfaction of the school districts served. Consultant to hire, train, and manage contractors, define the scope of work to be completed and oversee the contractor’s performance to provide adequate crossing guard services at schools within the Town’s school districts during the school year and summer sessions, provide payroll and worker’s compensation coverage for all guards with a waiver of subrogation in favor of the Town, and provide all necessary safety equipment.

2. Serve as liaison to the school districts with regard to the crossing guard program. Consultant to provide communication and other services as needed to meet the needs of school districts and coordinate payment of contract services as required for funding of the program. Town will provide annual funding as noted in Section 2.6 of the Agreement.

3. Consultant is responsible for conducting background checks, finger-printing, and hiring crossing guards who do not have any felony convictions, misdemeanor convictions involving crimes against children, or convictions involving any violent crime, or not be a registered sex offender or narcotics offender.

4. Consultant must comply with all applicable laws related to the operating and administering the Crossing Guard program.

ITEM NO. 10.

PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, 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: 06/04/2024
DATE: May 22, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Calling for the General Municipal Election to be Held on November 5, 2024 for the Election of Two Town Council Members to be Held in the Town of Los Gatos, Requesting the Consolidation of Election with the Statewide General Election, Requesting the Santa Clara County Board of Supervisors Render Specified Services to the Town Related to the Conduct of the General Municipal Election, Adopting Regulations for Candidates for Elective Office Pertaining to Filing Fees and Candidate Statements, and Providing for the Process in the Event of a Tie Vote
RECOMMENDATION:

Adopt a Resolution calling for the general municipal election to be held on November 5, 2024, in the Town of Los Gatos for the election of two Town Council Members to be held, requesting the consolidation of election with the Statewide General Election, requesting the Santa Clara County Board of Supervisors render specified services to the Town related to the conduct of the general municipal election, adopting regulations for candidates for elective office pertaining to filing fees and candidate statements, and providing for the process in the event of a tie vote.

DISCUSSION:

The General Municipal Election of the Town of Los Gatos will be held on Tuesday, November 5, 2024, for the purpose of filling two Council Member seats. To conduct the election, the Town Council must adopt a resolution calling for the General Municipal Election to fulfill certain legal requirements. The Resolution calls for the holding of the election, requests consolidation with the Statewide Election, establishes guidelines and costs associated with candidate statements, and provides the process to resolve a tie vote.

ITEM NO. 11.

PAGE 2 OF 2
SUBJECT: Adopt a Resolution Calling for the General Municipal Election to be Held on November 5, 2024 for the Election of Two Town Council Members to be held in the Town of Los Gatos, Requesting the Consolidation of Election with the Statewide General Election, Requesting the Santa Clara County Board of Supervisors Render Specified Services to the Town Related to the Conduct of the General Municipal Election, Adopting Regulations for Candidates for Elective Office Pertaining to Filing Fees and Candidate Statements, and Providing for the Process in the Event of a Tie Vote
DATE: May 22, 2024
DISCUSSION (continued):

The filing period for Town Council candidates in the November 5, 2024 General Election begins Monday, July 15, 2024 and ends at 5:00 p.m. on Friday, August 9, 2024. Pursuant to Elections Code Section 10225, if an incumbent for a specific office fails to file Nomination Papers by the close of the workday on August 9, 2024, the filing period will be extended five (5) calendar days for that specific office for non-incumbents only. The extended filing period would close on Wednesday, August 14, 2024, at 5:00 p.m. The Town Clerk will meet with potential candidates by appointment only during regular business hours during the filing period.

The Resolution calling for the General Municipal Election sets the maximum word count for candidate statements, which may be capped at either 200 or 400 words. Historically, the Town of Los Gatos has allowed for up to 200 words in candidate statements. The Santa Clara County Registrar of Voters (ROV) estimates the cost of publishing a 200-word candidate statement in the Voter Information Guide to be $3,100. This cost is paid by each candidate who voluntarily chooses to publish a candidate statement and represents the candidate’s pro rata share of the cost to print, produce, and mail the statement. As permitted by Elections Code 10228 and Town Code Section 2.30.011, the Town imposes a $25 filing fee. It is important to note, the $25 fee is a mandatory fee when filing Nomination Papers and the $3,100 is voluntary to publish a candidate statement.

FISCAL IMPACT:

The estimated cost from the ROV for the election of two (2) Council seats, not including the candidate statement fee, is approximately $87,311 and the funding is included in the Proposed Fiscal Year 2024/25 Operating Budget.

ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. Resolution Calling for the General Municipal Election

ITEM NO. 11.
1 of 4
Resolution 2024- June 4, 2024
RESOLUTION 2024-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 5, 2024 FOR THE ELECTION OF TWO TOWN COUNCIL

MEMBERS, REQUESTING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS

CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 AND RENDER SPECIFIED SERVICES TO THE TOWN

RELATED TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO FILING FEES AND CANDIDATE

STATEMENTS, AND PROVIDING FOR THE PROCESS IN THE EVENT OF A TIE VOTE WHEREAS, pursuant to Section 1001 of the Elections Code of the State of California, there is an established General Statewide election to be held on Tuesday, November 5, 2024; and
WHEREAS, pursuant to Part 3 “Consolidation of Elections,” and commencing with Section 10400 of the Elections Code of the State of California, the municipal election may be either completely or partially consolidated and held on the same day as a Statewide election, upon order of the Town of Los Gatos Council.

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos:

1. That pursuant to Section 10403 of the Elections Code of the State of California, the Town Council of the Town of Los Gatos calls a municipal election to be held on Tuesday, November 5, 2024; and requests the Board of Supervisors of the County of Santa Clara to completely consolidate the election with the General Statewide election. The consolidated municipal election will be held, regulated, and conducted in accordance with the provisions of the law.

2. The General Municipal Election is scheduled to be held in the Town of Los Gatos on November 5, 2024, to elect the offices listed below.

Title of Office Length of Term Number of Seats Election System Town Council Member 4-Year Full Term Two (2) Seats At-Large

3. That pursuant to Section 10002 of the Elections Code of the State of California, the Town of Los Gatos requests the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters of the County of Santa Clara to render such services to the Town as requested by the Town Clerk, and shall reimburse the County for the costs incurred by the County of Santa Clara Registrar of Voters in conducting the General Statewide election for the Town. The Town requests the County of Santa Clara Board of Supervisors to permit the County of Santa Clara Registrar of Voters to prepare

ITEM NO. 11.
2 of 4
Resolution 2024- June 4, 2024
the Town’s election materials. The election services to be performed shall include the preparation, printing and mailing of official ballots and County voter information guides; the establishment of precincts, election ballots, return mail envelopes, ballot drop boxes, vote centers, election officers, and producing such publications as are required by law in connection therewith; the furnishing of ballots, envelopes, and other necessary supplies and materials for voting places; the canvassing of the returns of the election; the furnishing of the results of such canvassing to the Town Clerk; and, the performance of other election services as may be requested by the Town Clerk.

4. Pursuant to Elections Code commencing with Section 10400, the Town of Los Gatos requests the Board of Supervisors of the County of Santa Clara to order the consolidation of the General Municipal Election to be conducted within the boundaries of the Town of Los Gatos on November 8, 2022, with respect to which the Board of Supervisors of the County of Santa Clara has the power to order a consolidation. The Town of Los Gatos further consents to and orders the consolidation of the General Municipal Election hereby called with the Statewide General Election and acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418, and to further provide that the Registrar of Voters canvass the returns of the municipal election. The County of Santa Clara is hereby authorized to certify the returns of the municipal election.

5. The polls for the election shall be open 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. on the same day when the polls shall be closed.

6. Pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election to be held in the Town of Los Gatos on November 5, 2024, may prepare a candidate statement. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate.

The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the Town Clerk at the same time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed during the period for filing nomination papers and until 4:00 p.m. of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate statement with the printed voter materials. The estimated cost per candidate for a 200- word statement is $3,100. The estimate is an approximation of the actual costs associated with printing, handling, translating, and mailing the candidate statement. The Town Clerk shall provide written notice to such effect with each set of nomination papers issued and shall require payment of the estimated cost at the time the candidate statement is filed. In the event of an underpayment, candidates will be required to pay the balance of the cost incurred. In the event of an overpayment, the Town Clerk will refund the excess amount paid.

7. Pursuant to Section 10228 of the Elections Code, and Town Code Section 2.30.011,

ITEM NO. 11.
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Resolution 2024- June 4, 2024
candidates are required to pay a filing fee in the amount of twenty-five dollars ($25.00), which amount the Town Council hereby determines to be the amount which is proportionate to the costs of processing a candidate's nomination papers by the Town of Los Gatos. The Town Clerk shall provide written notice to such effect with each set of nomination papers issued.

8. That pursuant to Section 15651 (a) of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote (two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Santa Clara Registrar of Voter, shall be by lot.

9. The Town Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a certified copy to the Board of Supervisors of the County of Santa Clara and to the Registrar of Voters of the County of Santa Clara.

10. The Town Clerk is hereby authorized and directed to publish a notice of the General Municipal Election within the time and in the manner specified in the Elections Code Section 12112. The Town Clerk is further authorized and directed to do all other things required by law to hold the General Municipal Election above provided.

11. In all particulars not recited in this resolution, the municipal election shall be held and conducted as provided by law for holding municipal elections.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 4
th day of June 2024 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________

ITEM NO. 11.
4 of 4
Resolution 2024- June 4, 2024
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

ITEM NO. 11.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
DATE: May 30, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to an Agreement for Services with JLP Building Maintenance LLC for Janitorial Services to Extend the Term through September 30, 2024 and Increase the Compensation by $66,551 for a Total Amount Not to Exceed $1,115,603.

RECOMMENDATION:

Authorize the Town Manager to execute a First Amendment to an Agreement for Services with JLP Building Maintenance LLC (Attachment 1) for Janitorial Services to extend the term through September 30, 2024 and increase the compensation by $66,501 for a total amount not to exceed $1,115,603.

BACKGROUND:

JLP Building Maintenance LLC (JLP) has provided the Town’s janitorial services since September 2019, with the contract expiring June 30, 2024. Staff conducted a Request for Proposals (RFP) for janitorial services to be effective on July 1, 2024. On May 14, 2024, 11 proposals were received and, given the volume of proposals received, award of the new contract will not be possible before July 1, 2024. Staff anticipates completing review of the submittals in June. The current vendor, JLP, did not submit a proposal to continue service to the Town.

DISCUSSION:

Even if staff completes its review and has a new vendor contract for Town Council consideration at its June 18, 2024 meeting, fingerprinting and background checks would then need to be completed for all of the vendor’s employees who will work in Town-owned

ITEM NO. 12.

PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a First Amendment to Agreement for Services with JLP Building Maintenance LLC for Janitorial Services to Increase the Compensation and Extend the Term
DATE: May 30, 2024
DISCUSSION (continued):
buildings. This can take up to one month. As such, a new vendor could not start work on July 1, 2024.

For this reason, staff recommends that the contract with JLP be extended through September 30, 2024. JLP Building Maintenance LLC has agreed to an extension of the agreement for services through September 30, 2024 to allow for the process of contracting and backgrounding a new vendor.

CONCLUSION:

Authorize the Town Manager to execute a First Amendment to an Agreement for Services with JLP Building Maintenance LLC (Attachment 1) to extend the term and increase the compensation.

FISCAL IMPACT:

The Proposed FY 2024/25 Parks and Public Works Facilities Program Operating Budget includes sufficient funds to cover the contract amendment amount of $66,501 for July through September.

ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15378(b)(5), approval of this amendment is not a project subject to CEQA because it is an administrative activity that will not impact the environment.

Attachment:

1. First Amendment to Agreement for Services with Exhibit A (Original Agreement) and Exhibit B (New Proposal)

ITEM NO. 12.

First Amendment to Agreement for Services ATTACHMENT 1
JLP Building Maintenance

AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT is dated for identification 4 th day of June 2024
and amends that certain Agreement for Services dated September 3, 2019, made by and between the Town of Los Gatos, ("Town,") and JLP Building Maintenance LLC (“Service Provider”) identified as a Partnership and whose address is 48834 Kato Road, Suite 109A Fremont, CA 94538.

RECITALS
A. Town and Consultant entered into an Agreement for Services on September 3, 2019, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

B. Town desires to amend the Agreement to provide to extend the term and to increase the compensation of the Agreement.

AMENDMENT

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

This contract will remain in effect from September 3, 2019, and extend to September 30, 2024.

2. 2.6 Compensation is amended to read:

Compensation for the supplies and materials delivered and for Services Provider’s professional services is as follows:

October 1, 2019 through June 30, 2024:
• Contract amount not to exceed $1,049,052.

July 1, 2024 through September 30, 2024:
• Routine Services shall not exceed $16,383.36 per month, for a total amount not to exceed $49,150.08.
• Window Services shall not exceed $17,400 for the term of the agreement.

For a total increased amount not to exceed $66,550.08 and total contract amount not to exceed $1,115,602.08.

Payment shall be based upon Town approval of each task based on Exhibit B.

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

ITEM NO. 12.

First Amendment to Agreement for Services ATTACHMENT 1
JLP Building Maintenance
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.

Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Stephanie Clivio, COO
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk

ITEM NO. 12.
48834 Kato Road suite 109A Fremont, CA 94538
' Phone :(510) 656-8300 Fax: (510) 656-8301

May 20, 2024

ADDENDUM
between
Town of Los Gatos
and
JLP Building Maintenance
This Addendum is made to the Agreement between Town of Los Gatos and JLP Building Maintenance executed May 20,2024 and now amended by mutual agreement by the parties as follows:

1. Contract Term Extension - The Contractor’s current contract with Town of Los Gatos shall extend until September 30,2024 at the discretion of the Town of Los Gatos. Contractor understands and accepts extension date may be amended in the future.

2. Contract Increase in Compensation - The Contractor’s current contract with Town of Los Gatos shall be increased by a total amount not to exceed $66,550.08 for a 3 month term extension (3 months at $16,383.36 per month) for Janitorial and ($17,400.00 for Windows) during term.

All other terms and conditions remain unchanged and in effect. This Addendum and any/all preceding amendments to the Agreement are hereby incorporated by reference into the original Agreement executed May 20, 2024, as if fully rewritten therein.

Executed on May 20, 2024.

JLP Building Maintenance
Stephanie Clivio, COO
Printed Name, Title
Town Of Los Gatos
________________________________________
Printed Name, Title
________________________________________
Printed Name, Title

EXHIBIT B

ITEM NO. 12.

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AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 3rd day of September 2019, and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (" Town") and JLP BUILDING MAINTENANCE (" Service Provider"), whose address is 48834 Kato Road, Suite 309A, Fremont, CA 94538. 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 professional janitorial services at Town facilities.

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 dated August 20, 2019 sent to the Town, 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 commence on October 1, 2019, expiring at midnight on June 30, 2024, 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.

AP Building Maintenance Page 1 of 7

EXHIBIT A

ITEM NO. 12.

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

2. 6 Compensation. Compensation for the supplies and materials delivered and for Service Provider' s professional services is as follows:

October 1, 2019 through June 30, 2020 ( FY 2019/ 20)
Routine services shall not exceed $ 157, 752, inclusive of all costs.

Unanticipated special cleanings shall not exceed $ 7, 888. Payment shall be based upon Town approval prior to each task being completed.

For a total amount not to exceed $ 165, 640.

July 1, 2020 through June 30, 2024
Routine services shall not exceed $ 210, 336, inclusive of all costs.

Unanticipated special cleanings shall not exceed $10,517. Payment shall be based upon Town approval prior to each task being completed.

For a total annual amount not to exceed $ 220, 853.

Total contract amount is not to exceed $1, 049,052.

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 bywhom 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. 1LP Building Maintenance Page 2 of 7