Los Gatos City Council
June 17, 2025

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
91 pollution control practices. Installing, inspecting, and maintaining water pollution control practices on areas outside the project limits not specifically arranged and provided for by the Town for the execution of this contract, will not be paid for.

The Contractor shall be responsible for penalties assessed or levied on the Contractor or the Town as a result of the Contractor's failure to comply with the provisions in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Manuals, and Federal, State and local regulations and requirements as set forth therein.

Penalties as used in this section shall include fines, penalties, and damages, whether proposed, assessed, or levied against the Town or the Contractor, including those levied under the Federal Clean Water Act and the State Porter-Cologne Water Quality Control Act, by governmental agencies or as a result of citizen suits. Penalties shall also include payments made or costs incurred in settlement for alleged violations of the Manuals, or applicable laws, regulations, or requirements. Costs incurred could include sums spent instead of penalties, in mitigation or to remediate or correct violations.

Retention of Funds
Notwithstanding any other remedies authorized by law, the Town may retain money due the Contractor under the contract, in an amount determined by the Town, up to and including the entire amount of penalties proposed, assessed, or levied as a result of the Contractor's violation of the Manuals, or Federal or State law, regulations or requirements. Funds may be retained by the Town until final disposition has been made as to the penalties. The Contractor shall remain liable for the full amount of penalties until such time as they are finally resolved with the entity seeking the penalties.

Retention of funds for failure to conform to the provisions in this section, "Water Pollution Control", shall be in addition to the other retention amounts required by the contract. The amounts retained for the Contractor's failure to conform to provisions in this section will be released for payment on the next monthly estimate for partial payment following the date when an approved WPCP has been implemented and maintained, and when water pollution has been adequately controlled, as determined by the Engineer.

When a regulatory agency identifies a failure to comply with the Manuals, or other Federal, State or local requirements, the Town may retain money due the Contractor, subject to the following:

A. The Town will give the Contractor seventy-two (72) hours’ notice of the Town’s intention to retain funds from partial payments which may become due to the Contractor prior to acceptance of the contract. Retention of funds from payments made after acceptance of the contract may be made without prior notice to the Contractor.

During the first progress payment period after that the Contractor fails to conform to the provisions in this section, "Water Pollution Control", the Town may retain an amount equal to twenty-five percent (25%) of the estimated value of all contract work performed on the entire contract.

The Contractor shall notify the Engineer immediately upon request from the regulatory agencies to enter, inspect, sample, monitor, or otherwise access the project site or the Contractor's records pertaining to water pollution control work. The Contractor and the Town shall provide copies of

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
92 correspondence, notices of violations, enforcement actions or proposed fines by regulatory agencies to the requesting regulatory agency.

Water Pollution Control Program Preparation, Approval, and Amendments As part of the water pollution control work, a Water Pollution Control Program (WPCP) is required for this contract. The WPCP shall conform to the provisions in Section 13, “Water Pollution Control”, of the Standard Specifications, the requirements in the Manuals, and these Technical Specifications. Upon the Engineer's approval of the WPCP, the WPCP shall be considered to fulfill the provisions in Section 13, “Water Pollution Control”, of the Standard Specifications for development and submittal of a Water Pollution Control Plan.

No work having potential to cause water pollution shall be performed until the WPCP has been approved by the Engineer. Approval shall not constitute a finding that the WPCP complies with applicable requirements of the Manuals and applicable Federal, State and local laws, regulations, and requirements.

The Contractor shall designate a Water Pollution Control Manager. The Water Pollution Control Manager shall be responsible for the preparation of the WPCP and required modifications or amendments and shall be responsible for the implementation and adequate functioning of the various water pollution control practices employed. The Contractor may designate different Water Pollution Control Managers to prepare the WPCP and to implement the water pollution control practices. The Water Pollution Control Managers shall serve as the primary contact for issues related to the WPCP or its implementation. The Contractor shall assure that the Water Pollution Control Manager(s) have adequate training and qualifications necessary to prepare the WPCP, implement and maintain water pollution control practices, as described in Section 13, “Water Pollution Control”, of the Standard Specifications.

Within five (5) working days after the execution of the contract, the Contractor shall submit two (2) copies of the draft WPCP to the Engineer. The Engineer will have five (5) working days to review the WPCP. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the WPCP within five (5) working days of receipt of the Engineer's comments. The Engineer will have five (5) working days to review the revisions. Upon the Engineer's approval of the WPCP, one (1) approved copy of the WPCP, incorporating the required changes, shall be submitted to the Engineer. To allow construction activities to proceed, the Engineer may conditionally approve the WPCP while minor revisions are being completed. In the event the Engineer fails to complete the review within the time allowed, and if, in the opinion of the Engineer, completion of the work is delayed or interfered with by reason of the Engineer's delay in completing the review, the Contractor will be compensated for resulting losses, and an extension of time will be granted, in the same manner as provided for in Section 8-1.07, "Delays", of the Standard Specifications.

The WPCP shall incorporate water pollution control practices in the following categories:

A. Soil stabilization.

B. Sediment control.

C. Wind erosion control.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
93 D. Tracking control.

E. Non-storm water management.

F. Waste management and materials pollution control.

The Contractor shall develop a Water Pollution Control Schedule that describes the timing of grading or other work activities that could affect water pollution. The Water Pollution Control Schedule shall be updated by the Contractor to reflect changes in the Contractor's operations that would affect the necessary implementation of water pollution control practices.

The Contractor shall prepare an amendment to the WPCP when there is a change in construction activities or operations which may affect the discharge of pollutants to surface waters, ground waters, municipal storm drain systems, or when the Contractor's activities or operations violate Federal, State or local regulations, or when directed by the Engineer. Amendments shall identify additional water pollution control practices or revised operations, including those areas or operations not identified in the initially approved WPCP. Amendments to the WPCP shall be prepared and submitted for review and approval within a time approved by the Engineer, but in no case longer than the time specified for the initial submittal and review of the WPCP.

The Contractor shall keep one copy of the approved WPCP and approved amendments at the project site. The WPCP shall be made available upon request by a representative of the Regional Water Quality Control Board, State Water Resources Control Board, United States Environmental Protection Agency, or the local storm water management agency. Requests by the public shall be directed to the Engineer.

No adjustment in compensation will be made for ordered changes to correct WPCP work resulting from the Contractor's own operations or from the Contractor's negligence.

If requested by the Contractor and approved by the Engineer, changes to the water pollution control program, including addition of new water pollution control practices, will be allowed. Changes shall be included in the approved amendment of the WPCP. If the requested changes result in a net cost increase to the lump sum price for water pollution control, an adjustment in compensation will be made without change to the water pollution control item. The net cost increase to the water pollution control item will be paid for as extra work as provided in Section 4-1.05, "Changes and Extra Work", of the Standard Specifications.

WPCP Implementation
Unless otherwise specified, upon approval of the WPCP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, maintaining, removing, and disposing of the water pollution control practices specified in the WPCP and in the amendments. Unless otherwise directed by the Engineer, the Contractor's responsibility for WPCP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section 8-1.06, "Suspensions", of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal, and disposal of water pollution control practices shall conform to the requirements in the Manuals and these Technical Specifications.

If the Contractor or the Engineer identifies a deficiency in the implementation of the approved WPCP or amendments, the deficiency shall be corrected immediately. The deficiency may be corrected at a later

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
94 date and time if requested by the Contractor and approved by the Engineer in writing but shall be corrected prior to the onset of precipitation. If the Contractor fails to correct the identified deficiency by the date agreed or prior to the onset of precipitation, the project shall be in nonconformance with this section. Attention is directed to Section 5-1.03, "Engineer’s Authority", of the Standard Specifications, and to "Retention of Funds" of this section for possible nonconformance penalties.

If the Contractor fails to conform to the provisions of this section, "Water Pollution Control", the Engineer may order the suspension of construction operations until the project complies with the requirements of this section.

Implementation of water pollution control practices may vary by season. The Construction Site BMPs Manual and these Technical Specifications shall be followed for control practice selection of year-round, rainy season and non-rainy season water pollution control practices.

Year-Round Implementation Requirements
The Contractor shall have a year-round program for implementing, inspecting and maintaining water pollution control practices for wind erosion control, tracking control, non-storm water management, and waste management and materials pollution control.

The National Weather Service weather forecast shall be monitored and used by the Contractor on a daily basis. An alternative weather forecast proposed by the Contractor may be used if approved by the Engineer. If precipitation is predicted, the necessary water pollution control practices shall be deployed prior to the onset of the precipitation.

Disturbed soil areas shall be considered active whenever the soil disturbing activities have occurred, continue to occur or will occur during the ensuing fifteen (15) working days. Non-active areas shall be protected as prescribed in the Construction Site BMPs Manual within ten (10) working days of cessation of soil disturbing activities or prior to the onset of precipitation, whichever occurs first.

Rainy Season Implementation Requirements
Soil stabilization and sediment control practices conforming to the requirements of these Technical Specifications shall be provided throughout the rainy season, defined as between October 15th and April 15th.

An implementation schedule of required soil stabilization and sediment control practices for disturbed soil areas shall be completed no later than fifteen (15) working days prior to the beginning of each rainy season. The implementation schedule shall identify the soil stabilization and sediment control practices and the dates when the implementation will be twenty-five percent (25%), fifty percent (50%) and one hundred percent (100%) complete, respectively. For construction activities beginning during the rainy season, the Contractor shall implement applicable soil stabilization and sediment control practices.

Non-Rainy Season Implementation Requirements
The non-rainy season shall be defined as days outside the defined rainy season. The Contractor's attention is directed to the Construction Site BMPs Manual for soil stabilization and sediment control implementation requirements on disturbed soil areas during the non-rainy season. Disturbed soil areas

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
95 within the project shall be protected in conformance with the requirements in the Construction Site BMPs Manual with an effective combination of soil stabilization and sediment control.

Maintenance
To ensure the proper implementation and functioning of water pollution control practices, the Contractor shall regularly inspect and maintain the construction site for the water pollution control practices identified in the WPCP. The construction site shall be inspected by the Contractor as follows:

A. Prior to a forecast storm.

B. After a precipitation event which causes site runoff.

C. At twenty-four (24) hour intervals during extended precipitation events.

D. Routinely, a minimum of once every two (2) weeks outside of the defined rainy season.

E. Routinely, a minimum of once every week during the defined rainy season.

The Contractor shall use the Caltrans Stormwater Site Inspection Report Form CEM-2030 provided at http://www.dot.ca.gov/hq/construc/forms.htm. One copy of each site inspection record shall be submitted to the Engineer within twenty-four (24) hours of completing the inspection.

Reporting Requirements
If the Contractor identifies discharges into surface waters or drainage systems in a manner causing, or potentially causing, a condition of pollution, or if the project receives a written notice or order from a regulatory agency, the Contractor shall immediately inform the Engineer. The Contractor shall submit a written report to the Engineer within five (5) working days of the discharge event, notice or order. The report shall include the following information:

A. The date, time, location, nature of the operation, and type of discharge, including the cause or nature of the notice or order.

B. The water pollution control practices deployed before the discharge event, or prior to receiving the notice or order.

C. The date of deployment and type of water pollution control practices deployed after the discharge event, or after receiving the notice or order, including additional measures installed or planned to reduce or prevent reoccurrence.

D. An implementation and maintenance schedule for affected water pollution control practices.

8.2. Clearing and Grubbing
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work involved in compliance with the Plans, Specifications, and “Clearing and Grubbing” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #5 Clearing and Grubbing LS

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
96 Bid Item #6 Tree Removal (DBH ≤ 12") EA
Bid Item #7 Tree Removal (12"< DBH ≤ 24") EA
Bid Item #8 Tree Removal (24"< DBH ≤ 36") EA
General
Clearing and Grubbing shall conform to the provisions of Section 17-2 “Clearing and Grubbing” of the Standard Specifications and these Technical Specifications. Clearing and Grubbing shall consist of tree trimming and to complete all necessary construction including removal and disposal of such, removal and disposal of any debris, vegetation, and other deleterious or objectionable material to receive work including but not limited to debris, soil and plant material along the edge of pavement, clearing of vegetation in front of the proposed retaining wall in the area where structure excavation occurs, and other areas necessary to construct and complete all project improvements, and removal of thermoplastic, traffic markers, delineators, signs and signposts as indicated on the plans. Depressions or voids created by the removal of existing pavements, or utilities should be excavated to expose firm soil and backfilled as described later in this section.

Contractor shall be prepared to sweep surfaces immediately at the request of the Engineer should the Engineer deem it is necessary for public safety and to avoid damage to properties. Sediment control measures and other BMPs shall be installed to protect drain inlets and locations where runoff may leave the construction area according to the Construction Site Best Management Practices (BMP) Manual (latest edition) and in accordance with the Water Pollution Control Program.

This project includes work on roadways and roadway embankments with mature trees within and adjacent to the work area. In some locations, the tree canopy extends over the work area. It is the responsibility of the Contractor to conduct operations around said tree canopy such that the work is accomplished without damage to trees. The Contractor shall inspect and determine required clearance for all equipment and vehicles and perform pruning as necessary prior to the start of work as described in Bid Item “Clearing and Grubbing”. The Contractor may, with the Engineer’s approval, prune additional trees to better facilitate construction operations. No pruning or trimming of trees beyond what is specified in these Technical Specifications is allowed without specific written permission from the Engineer. Any pruning or trimming that may be required must be approved at least ten (10) working days in advance.

Tree Removal
Prior to the removal of any tree, existing utilities that may be in the vicinity of the root ball shall be potholed prior to removal to verify utility depth and location.

Trees, shrubs, and bushes designated for removal shall be clearly identified by the contractor before removal operations begin. Only trees shown on the plans or so designated by the engineer, shall be removed. Trees, shrubs, and bushes will be removed in a manner consistent with the health and safety of the tree climbing crew, the general public and private property. Felled trees, shrubs, and bushes may be cut into sections and removed from the site. All branches, leaves, and vegetative debris shall be reduced to chips. All trees, shrubs, and bush rounds, branches, chips, debris, and the like shall be completely removed and disposed of in accordance with State Standard Specifications. Wood debris

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
97 shall not be stored onsite. All wood debris shall be removed as it is generated. Under no circumstances may chips or other combustible materials be disposed of onsite.

Tree removal shall include grinding out of stump and root ball to a depth of 2 feet or complete removal of the root ball whichever is less so that it does not interfere with the new work. The area shall be backfilled with native soil and compacted to 90% relative compaction unless described otherwise on the Plans. Contractor shall contact the Engineer for inspection of completed stump removal prior to backfilling.

Pruning
Tree, roots, and bush pruning shall be performed under the direction a certified arborist registered by the International Society of Arboriculture (ISA) and in accordance with “Pruning Standards,” published by the Western Chapter of the International Society of Arboriculture. The Contractor shall submit Arborist’s credentials for review by the Town 14 calendar days prior to the pre-construction meeting. A Certified Arborist shall be supplied at the expense of the Contractor.

Any damage to existing tree trunks, limbs or roots over 2 inches in diameter shall be immediately reported in writing to the Town and, at the direction of the Town, repaired immediately at the Contractor's expense by the approved Certified Arborist.

The Certified Arborist shall direct repair of trees damaged by construction operations. Repairs shall be made promptly after damage occurs to prevent progressive deterioration of damaged trees.

All material resulting from pruning operations shall be disposed of outside the street right-of way as required in Section 16, “Temporary Facilities,” of the Standard Specifications.

Protection
Contractor shall make all personnel on site aware of the tree protection requirements. Failure of any worker to observe these requirements or to operate equipment with sufficient care to avoid damaging trees is grounds for removal of said worker from the project by the Engineer.

The Contractor shall use extreme care when excavation operations occur in the proximity of trees. At no time shall the Contractor strike trees with excavation equipment. Trees less than six (6) inches in diameter that are damaged by the Contractor shall be mitigated by the replacement of said tree in kind with regard to size and species. Trees greater than six (6) inches in diameter shall be examined by a Certified Arborist and a report provided to the Engineer indicating measures that can be taken to mitigate the damage to the tree at the Contractor’s expense. In the event the tree must be removed the Contractor shall replace the tree at a three (3) to one (1) ratio. The trees shall be planted in locations determined by the Engineer. All associated reports, removals and mitigation work shall be performed at no cost to the Town.

Biological Resource Protection
All resources and requirements specified in the Notice of Categorical Exemption (including the Biological Resources Survey Report), Appendix D, shall be adhered to and complied with by the Contractor during the completion of this project. Trees within the project area provide low quality potential roosting habitat for Townsend’s big-eared bat, a CDFW Species of Special Concern. Removal or pruning of large

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
98 trees could result in the destruction of roosts, and disturbance from construction activities in the vicinity of maternity roosts could result in roost abandonment and mortality of young. The following measures should be implemented to ensure that no unanticipated effects on Townsend’s big-eared bat will occur during project construction:
• No more than 14 days prior to the initiation of tree and vegetation removal or ground disturbing activities, the Town will provide a qualified biologist to conduct a survey of the project site and vicinity to determine if Townsend’s big-eared bat roosts are present. The Contractor shall provide at least 2 weeks notification to the Town to provide survey of bats. • If active Townsend’s big-eared bat roosts are found on or in the immediate vicinity of the project site where construction activities are planned, consultation with CDFW is recommended to establish acceptable avoidance or minimization measures to avoid impacts to Townsend’s big-eared bat. Avoidance measures could include the establishment of a suitable activity-free buffer around active roosting sites. The size of the buffer, duration of buffer, acceptable activities, and other details will be established through consultation with the CDFW. The avoidance or minimization plan shall be submitted to the Town and CDFW for review and approval prior to the start of construction activities. • Alternatively, if occupied trees need to be removed, then the Town shall prepare a Bat Management Plan. The plan shall recognize that both maternity and winter roosting seasons are vulnerable times for bats and require exclusion outside of these times, generally between March 1 to April 15 or September 1 to October 15 when temperatures are sufficiently warm. The plan will identify suitable areas for excluded bats to disperse to or require the installation of artificial bat houses as necessary. The Town shall monitor the removal of trees with suitable bat habitat or identified as occupied by bats during the Project. Trees may be removed only if: a) presence of bats is presumed, or documented during the surveys, in trees with suitable bat habitat, and removal using the two-step removal process detailed below occurs only during seasonal periods of bat activity from approximately March 1 through April 15 and September 1 through October 15, or b) after a CDFW Qualified Biologist, under prior written approval of the proposed survey methods by the CDFW, conducts night emergence surveys or a complete visual examination of roost features that establish absence of roosting bats. Two-step tree removal will be conducted over two consecutive days, as follows: 1) the first day (in the afternoon), under direct supervision and instruction by a qualified bat biologist limbs and branches will be removed by a tree cutter using chainsaws only. Limbs with cavities, crevices, or deep bark fissures will be avoided, and 2) the second day the entire tree will be removed.

Trees within the project area provide potential nesting habitat for migratory birds and raptors. If a migratory bird or raptor were to nest in the project area prior to or during proposed construction activities, such activities could result in the abandonment of active nests or direct mortality to the bird.

Construction activities that adversely affect the nesting success of any migratory birds, including treenesting raptors, or result in the mortality individual birds constitute a violation of the Federal Migratory

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
99 Bird Treaty Act (16 U.S.C., scc. 703, Supp. I, 1989) which prohibits killing, possessing, or trading in migratory birds, except in accordance with regulations prescribed by the Secretary of the Interior.

Below are 2 construction requirements to ensure that no unanticipated effects on nesting migratory birds and raptors will occur during project construction:
• Standard CDFW Requirement 1: If project work must occur during the nesting season (February 1 – September 1), the Town shall utilize a qualified biologist to survey nesting birds within the project area, no more than 14 days prior to the beginning of tree and vegetation removal or ground disturbing activities. A copy of the survey shall be submitted to the Town prior to the start of construction activities. The Contractor shall provide at least 2 weeks notification to the Town to provide survey of nesting birds and raptors.
• Standard CDFW Requirement 2: If nesting birds are detected within the project area during the survey, consultation with CDFW and USFWS is recommended to establish acceptable avoidance or minimization measures to avoid impacts to migratory birds and raptors. Avoidance measures could include the establishment of a suitable activity-free buffer around active nests/roosting sites. The size of the buffer, duration of buffer, acceptable activities, and other details will be established through consultation with the CDFW and USFWS. The avoidance or minimization plan shall be submitted to the Town, CDFW, and USFWS for review and approval prior to the start of construction activities. These measures will ensure that no nesting birds are impacted by construction activities.

Native and protected tree species were noted during the biological resources survey and are indicated SSS and Environmental Feasibility Memo. Chapter 29, Article I, Division 2 of the Town Code addresses tree removal regulations including permit requirements for projects that will require removal or pruning of trees. This division protects all trees which have a four-inch or greater diameter of any trunk and are located on property other than developed residential property or are publicly owned trees growing on Town lands, public places, or in a public right-of-way easement. The division also protects heritage trees and large protected trees. Heritage trees are specifically designated by action of the Town Council as such, and large protected trees are defined as any oak (Quercus spp.), California buckeye (Aesculus californica), or Pacific madrone (Arbutus menziesii) which has a 24-inch or greater diameter; or any other species of tree with a 48-inch or greater diameter. Damage to live oak trees and or other native trees not specified for removal or trimming/pruning in the project plans and specifications including all costs and mitigation measures for this damage shall be the responsibility of the Contractor.

Additional general construction measures shall be implemented by the Contractor to protect wildlife species and habitats:
• The use or storage of petroleum-powered equipment shall be accomplished in a manner to prevent the potential release of petroleum materials into adjacent habitat areas, including waters of the State and U.S.,
• Areas for fuel storage, refueling and servicing of construction equipment must be located in an upland location outside of sensitive habitat,

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
100
• Wash sites must be located in upland locations to ensure wash water does not flow into stream channels or wetlands.
• All construction equipment must be in good working condition, showing no signs of fuel or oil leaks.

All questionable motor oil, coolant, transmission fluid, and hydraulic fluid hoses, fittings and seals shall be replaced. The mechanical equipment shall be inspected on a daily basis to ensure no leaks. All leaks shall be repaired in the equipment staging area or other suitable location prior to resumption of construction activity.
• Oil absorbent and spill containment materials shall be located on site when mechanical equipment is in operation within 100 feet of wetland or other habitat areas. If a spill occurs, no additional work shall occur until, 1) the mechanical equipment is inspected by the Contractor and the leak has been repaired, 2) the spill has been contained, and 3) the appropriate regulatory agencies have been contacted and have evaluated the impacts of the spill.
• To avoid debris contamination into drainages and other sensitive wildlife habitats, silt fence or other sediment control devices shall be placed around construction sites in these areas to contain spoils from construction excavation activities.
• Surveys for identified special-status species shall be conducted by qualified biologists at the appropriate times before construction starts to determine occupancy at the site. If no special-status species are found, no further action other than the Best Management Practices identified above are required. If individuals are found, including nesting birds, a buffer zone around the species or nest will be required at a sufficient distance to prevent take of individual species. • Environmental Awareness Training shall be presented to all Contractor personnel working in the field on the proposed project area. Training shall consist of a brief presentation in which biologists knowledgeable of endangered species biology and legislative protection shall explain endangered species concerns. Training shall include a discussion of sensitive wildlife species (Townsend’s big-eared bat, nesting birds). Species biology, habitat needs, identification, status under the California and Federal Endangered Species Acts, and measures being incorporated for the protection of these species and their habitats shall also be discussed. As part of the training, an environmental awareness handout will be provided to all personnel that describes the special-status species, includes photographs of the species, and lists applicable permit conditions identified by local, state, and federal agencies to protect these resources. If any project personnel are added to the proposed project, they must receive the mandatory training before starting work.
• Project site boundaries shall be clearly delineated by stakes and/or flagging by the Contractor to minimize inadvertent degradation or loss of adjacent habitat areas during project operations. Contractor shall post signs and/or place fence around the project site to restrict access of vehicles and equipment unrelated to project operations.

Full compensation for complying with the above provisions shall be considered as included in the contract price for “Clearing and Grubbing” and no separate payment will be made.

8.3. Existing Facilities
Measurement and Payment

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
101
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Existing Facilities,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #9 Adjust Water Valve (Revocable) EA
Bid Item #10 Protect Air Release Valve (ARV) and Remove and Replace ARV Support Structure EA
Bid Item #41 Remove and Replace Survey Monument (Revocable) EA General
Existing Facilities shall conform to Section 15, “Existing Facilities,” of the Standard Specifications, the Plans, and these Contract Documents.

Protect Existing Facilities to Remain
The Contractor shall work around and protect all existing improvements to remain, including but not limited to existing utilities, monumentation, benchmarks, storm drainage facilities, utility vaults, traffic detector loops, home runs and handholes, concrete and hot mix asphalt pavement, pavement markings, landscaping, irrigation facilities, and appurtenances that are within or adjacent to the construction areas.

The Contractor shall notify Underground Service Alert (USA) prior to beginning any work. Notification shall be in full compliance with USA. At the conclusion of the project, the Contractor must remove all USA markings from all paved and concrete surfaces throughout the job site without damaging said surfaces. The method of removing the USA markings is at the Contractor’s discretion.

Existing utility lines are not shown on plans. The Contractor is responsible for locating and field verifying the locations of all existing utilities prior to all construction activities and protecting all facilities during construction. The Contractor shall protect existing electroliers when placing construction signs.

The Contractor shall immediately repair or remove and replace any item damaged or injured by his operations at his sole expense and to the satisfaction of the Engineer. The Contractor shall immediately notify the appropriate owner of the improvement or facility and the Engineer of any damage as a result of his operations to existing improvements or facilities. If the improvement belongs to a private residence and the property owner or occupant is not at home, such notification shall be attached to the front door of the property. Contractor must share an image of the notification attached to the door with the town. All underground facilities that are damaged by the Contractor during construction shall be restored by the Contractor within two (2) hours after the damage is done.

All existing improvements, including but not limited to, irrigation systems, brick work, stone work, concrete work, fences, mailboxes, turf and landscaping, on public right-of-way which are obstacles to forming operations may be removed as necessary for this type of work. The Contractor shall notify the adjacent property owner and the Engineer prior to removal of any existing improvements. After removing the forms, all the existing improvements shall be restored to their original condition at no additional cost to the Town. If the Contractor fails to comply in providing the necessary restoration work as defined, the Engineer may elect to have the Town or other contract forces perform all these duties,

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
102
deducting all the expenses incurred from any moneys that are due, or to become due, to the Contractor.

By exercising this option, the Contractor is in no way relieved of the responsibilities to perform these duties.

Adjust Facilities to Grade
All existing manholes, traffic signal boxes, handholes, utility valve covers, utility frames, utility valve boxes, water meter boxes, cable boxes, vault covers, and monuments within the project limit of work area shall be adjusted to grade in accordance with Section 15, “Existing Facilities,” of the Standard Specifications, the Plans, and these Contract Documents. Where existing facilities to be adjusted are located in traffic areas, said facilities shall be modified to handle traffic loads and retrofitted with traffic covers. Exact locations of survey monuments, etc. shall be field verified by the Contractor at the start of construction and field verified by the Engineer prior to the start of work The Town shall be notified seven (7) working days prior to adjusting any facilities to grade. All work shall be done without any interruption to services provided by the facility.

Frames and covers shall be removed, transported, and stored without damage. Any items damaged shall be replaced at the Contractor's expense. Pre-existing damage must be brought to the Engineer’s attention prior to commencement of any work. All facilities shall be adjusted to grade within fourteen (14) working days after the final hot mix asphalt overlay has been placed on each street. The covers shall be raised by excavating the frame and cover in a neat concentric circle with a diameter not greater than necessary to loosen and adjust the frame with the cover and the concrete collar.

At the direction of the Engineer, the Contractor shall use quick set concrete for all collars. Class A concrete mix (590 pounds cement per cubic yard concrete) shall be used to fill the void to an elevation 1” to 1.5” below finish grade. After three (3) days of concrete set, a tack coat of undiluted SS1h asphalt emulsion shall be applied to all concrete and vertical surfaces. The hot mix asphalt (HMA) surface course to be applied shall be 1/2", Type A, compacted to a minimum of 95 percent. Asphalt binder shall be PG 64-10. Any facilities that are adjusted to grade, but are not to the satisfaction of the Engineer, shall be removed and re-adjusted within four (4) working days of being notified to do so by the Engineer. All required hot mix asphalt, tack coat and concrete required for raising facilities to grade shall be paid for under this contract item.

Monument boxes in work areas shall be raised or adjusted to the new grade without disturbing the existing monument, or the Contractor shall be responsible for obtaining services of a registered Surveyor to tie out the existing monument, remark, and reset the monument following the raising of the box. The Contractor shall be responsible for filing the appropriate Corner Records as necessary for relocation of the monument and shall provide a copy of all recorded documentation to the Town prior to project acceptance.

New monument boxes, including frames and covers shall be installed to grade around those monuments that do not have existing boxes. Any new monument boxes, frames, and covers needed shall be provided by the Town. All covers shall be stable under traffic.

The Contractor shall clean all concrete, HMA debris. and tack oil off of utility covers caused by the Contractor’s operation.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
103

8.4. Earthwork
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Earthwork,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #11 Structure Excavation for Wall (F) CY
Bid Item #12 Structure Backfill for Wall (F) CY
Bid Item #13 Embankment Fill (F) CY
Bid Item #14 Offhaul and Disposal (Revocable) LCY
General
Earthwork shall conform to the provisions of Section 19, “Earthwork,” of the Standard Specifications and these Technical Specifications.

Structure excavation work shall include, but not be limited to, structure excavation, offhaul, and disposal for construction of the retaining wall shown on the Plans and as directed by the Engineer.

Structure backfill work shall include, but not be limited to, transporting stockpiled drilling spoils, or importing borrow and placing, grading, moisture conditioning, and compacting structure backfill as shown on the Plans and as directed by the Engineer.

Embankment fill work shall include but not be limited to segregating, stockpiling asphalt concrete pavement millings, pulverizing and processing onsite asphalt concrete roadway materials (means and methods by Contractor to achieve project plans and specifications) to meet structure backfill requirements, grading, placing, moisture conditioning, and compacting as shown on and in accordance with the project plans and specifications.

Embankment fill shall be placed behind the retaining wall as shown in the typical cross sections on the Plans. Embankment fill shall be placed after completion of the retaining wall and prior to the road reconstruction.

Definitions
Structure excavation for wall – all excavation at the airside of the retaining wall Structure backfill for wall - all backfill at the airside of the retaining wall and one foot behind retaining wall below the existing grade
Embankment fill - all backfill at the landside of the retaining wall Materials
Structure backfill shall conform to the provisions of Section 19-3.02C, “Structure Backfill,” of the Standard Specifications.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
104
Drilling spoils may be used as structure backfill if they are obtained from the drilled hole below the bottom of lagging elevation. Drilling spoils above the bottom of the lagging elevation shall not be used.

The embankment fill may consist of import borrow material, onsite asphalt concrete roadway materials (pulverized/processed AC) providing that these are properly stockpiled and segregated from on-site soils, uniformly blended and conform to the provisions of Section 19-3.02C, “Structure Backfill,” of the Standard Specifications.

Excavated excess material shall be disposed of in accordance with these Technical Specifications.

Execution
Structural backfill shall be compacted to at least 95 percent of the maximum dry density in accordance with ASTM D-1557, “Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort.”
Offhaul
Offhaul and disposal of road structure material (e.g., AC grindings, aggregate base, subgrade soil) is anticipated due to lowering the roadway section as indicated on the plans. It is the intent of the project to use suitable road structure materials as specified herein to construct the structure backfill, embankment fill and be used in the FDR process. The nominal in-situ volume or bank cubic yards (BCY) for materials to be offhauled is about 1,150 BCY. For bidding, measurement, and payment purposes offhaul will be measured in loose cubic yards (LCY) and is estimated to be 1,450 LCY. Material to be offhauled shall be placed in a neat stockpile for measuring/surveying purposes. Stockpiles shall be covered.

8.5. Cast-In-Drilled-Hole (CIDH) Concrete Piles
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Cast-In-Drilled-Hole (CIDH) Concrete Piles,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #15 24-Inch Cast In Drilled Hole (CIDH) Concrete Piling LF General
CIDH concrete pile work shall conform to the provisions of Section 49, “Piling,” Section 19-3.02I, “Lean Concrete Backfill,” and Section 19-3.03B(2), “Soldier Pile Walls,” of the Standard Specifications and these Technical Specifications.

Work shall include, but not be limited to, drilling holes, stockpiling of drilling spoils for reuse as structure backfill, removing and disposing of excess material, and placement of Portland cement lean concrete backfill.

Materials
Lean concrete backfill shall have a minimum compressive strength of 150 psi at 28 days.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
105
Lean concrete backfill shall be excavatable to facilitate placement of lagging between soldier pile flanges.

Execution
Drilled holes for the CIDH piles shall be of the diameter shown on the Plans and shall be straight and plumb such that the required minimum clearance between the steel beams and the sides of the hole is achieved for the length of the pile.

The bottom of the drilled hole shall be cleaned of loose material and free of water before placing steel and the backfill. The Contractor shall provide temporary casing as necessary to prevent caving of the drilled holes. The Contractor shall provide pumping equipment to remove water from holes before placement of the backfill.

The top elevations of lean concrete backfill shall be no more than 2 inches above or 2 inches below the top of lean concrete backfill elevations shown on the Plans.

The Contractor shall provide all necessary spacers and rigging to position the steel soldier pile.

8.6. Steel Soldier Pile
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Steel Soldier Pile,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #16 Steel Soldier Pile (W 14x53) LF
General
Steel soldier pile work shall conform to the provisions of Section 49, “Piling,” of the Standard Specifications and these Technical Specifications.

Work shall include, but not be limited to, furnishing and placement of soldier piles as shown on the Plans and as directed by the Engineer.

Execution
The steel soldier piles shall be installed plumb. The top elevations of the steel soldier piles shall be at most 1/2-inch above or 1/2-inch below the top of steel soldier pile elevations shown on the Plans. The Contractor shall provide survey control during steel soldier pile placement to demonstrate that specified elevations are maintained.

Materials
Steel shall conform to the provisions of Section 55-1.02D(3), “Structural Steel,” of the Standard Specifications and these Technical Specifications.

Concrete anchors shall be of the type, diameter, and length as shown on the Plans.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
106
Surfaces of the steel soldier piles exposed to the ground or air shall be painted in conformance with Section 59-2, “Painting Structural Steel,” of the Standard Specifications. Paint shall be rust inhibiting paint for steel applications and shall be approved by the Engineer.

Paint color shall be black.

8.7. Lagging
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Lagging,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #17 Structural Concrete (Lagging) CY
General
Lagging work shall conform to the provisions of Section 51, “Concrete Structures,” and Section 57, “Wood and Plastic Lumber Structures” of the Standard Specifications and these Technical Specifications.

Lagging work shall include, but not be limited to, furnishing, and installing pre-cast concrete and timber lagging between soldier piles as shown on the Plans and as directed by the Engineer.

Materials
Pre-cast concrete lagging shall have a minimum compressive strength of 4,000 psi at 28 days.

Timber lagging shall be preservative-treated Douglas Fir No. 2, or better.

Execution
Prior to placing the first course of lagging, the tops of the concrete backfill shall be adjusted by chipping or casting additional concrete between flanges of structural steel to create a uniform level footing for the lagging. Lagging shall be installed level and plumb.

8.8. Ground Anchors
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Ground Anchors,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #18 Ground Anchor (Subhorizontal) EA
General
Ground anchor work shall conform to the provisions of Section 46, “Ground Anchors and Soil Nails,” of the Standard Specifications and these Technical Provisions.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
107
Work shall include but not be limited to designing ground anchor and connection to steel beam, submittals, drilled holes in soil and rock material, grouted steel bars or strands, anchorage assemblies, and testing of installed ground anchors as shown on the plans and as directed by the Engineer.

Materials
Structural steel for the ground anchorage assembly and enclosure shall conform to provisions in Section 55, "Steel Structures," of the Standard Specifications. Structural steel shall consist of the anchorage assembly (steel sleeve, bearing plate, etc.) and the enclosure (grout cap, etc.). The anchorage assembly and the anchorage enclosure shall be galvanized. The ground anchor system shall be double corrosion protected.

Submittals
Shop drawings and test data for the ground anchor system shall be prepared and submitted in conformance with Section 46-1.01C(2), “Shop Drawings,” and Section 46-1.01C(3), “Test Data,” of the Standard Specifications. A civil engineer registered in the State of California shall prepare shop drawings for the ground anchor system. The Contractor shall submit all technical data relative to the design of the ground anchors at the pre-construction conference.

The Contractor shall submit their testing protocol including which anchor(s) are to receive performance tests and which anchors are to receive proof testing. According to the approved schedule, the Contractor shall provide a table to the Engineer with load cell readings versus applied force from testing equipment.

Execution
The Contractor is responsible for all aspects of installation to achieve the designed ground anchor load and load-carrying capacity as defined in the Plans. This includes, but is not limited to, acquiring all necessary construction materials, excavation to achieve desired ground anchor head elevation, drilling, installation of the strand tendons, grouting, load testing and providing load test documentation, and installation of corrosion-resistant anchor covers filled with corrosion inhibiting compound and clean up.

Vibratory or high-impact equipment shall not be permitted.

Testing shall be carried out by the Contractor and observed by the Engineer.

The Contractor shall provide as-built documentation showing the location, elevation, bearing, and inclination of the installed ground anchors.

Ground anchors shall not extend outside the town’s right-of-way.

8.9. Subsurface Drains
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Subsurface Drains,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #19 Geocomposite Drain SF

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
108
General
Subsurface drain work shall conform to Section 68, “Subsurface Drains,” of the Standard Specifications and these Technical Provisions.

Work shall include, but not be limited to, furnishing and placing geocomposite drain material behind the retaining wall lagging as shown on the Plans and as directed by the Engineer.

Materials
Geocomposite material shall conform to the provisions of Section 68-7.02B, “Geocomposite Drain,” and Section 96-1.02C “Geocomposite Wall Drain” of the Standard Specifications and these Technical Specifications.

8.10. Cable Railing
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Cable Railing,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #20 Cable Railing LF
General
Cable railing work shall conform to the provisions of Section 83, “Railings and Barriers,” of the Standard Specifications and these Technical Specifications. Work shall include furnishing and installing cable railing as shown on the Plans and as directed by the Engineer.

8.11. Storm Drain System
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Storm Drain System,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #21 18" HDPE Storm Drain Pipe LF
Bid Item #22 Precast Drop Inlet EA
Bid Item #23 Armored Swale LF
Bid Item #24 Splash Pad SF
General
The work in this section includes the furnishing of all labor, equipment, materials, tools, and incidentals and performing all operations in connection with the removal of an existing 18-inch diameter CMP storm drain pipe and the construction of the storm drain system as shown on the Plans. The storm drain system covered under this section is located at Station 18+21 and collects runoff from the road along the southern edge of pavement in a permeable cobble swale connecting to a drop inlet, and further into

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
109
an 18-inch diameter HDPE pipe. The HDPE pipe discharges to a riprap stilling basin at the toe of the northern embankment slope.

This work shall consist of furnishing and installing armored swale, storm drain drop inlet, HDPE trenching and storm drain pipe, and rock armored splash pad as shown on the plans or as directed by the Engineer and as specified in these specifications, the Special Provisions, and Sections 61, 64, and 65 of the Caltrans Standard Specifications.

Construction
Excavation, backfill, shaped bedding, and laying pipe shall conform to the provisions in Section 65-2.03 of the Caltrans Standard Specifications. The existing storm drain system shall be removed and disposed of. The pipe shall be laid in a trench excavated to the lines and grades as shown on the plans. The bottom of the trench shall be graded and prepared to provide a firm and uniform bearing throughout the entire length of the pipe and then backfilled in accordance with backfill requirements in the Caltrans Standard Specifications.

Existing Utilities
The Contractor shall locate existing utilities before any excavation to ensure that the proposed storm drain layout can be constructed.

Storm Drain Pipe and Fittings
Storm drain pipe and fittings shall be HDPE and shall be Type S and conform to Section 64-2.02C of the Standard Specifications.

Drainage Inlet
Drainage inlets shall be a ditch box, 18” x 36” curb inlet with fabricated frame and cover as manufactured by Jensen Precast or approved equivalent.

Splash Pad/Stilling Basin
Splash pad shall be excavated as shown on the project plans, non-woven geotextile Mirafi 140N or approved equivalent placed in the bottom of the excavation in accordance with manufacturer installation requirements and anchored as shown on project plans, and then Caltrans Class I RSP (D100=12”) rock fill placed to at least the minimum thickness shown on the project plans.

Armored Swale
Drainage Swale shall be of cellular concrete blocks Armorflex (open cell) or approved equivalent underlain by non-woven geotextile Mirafi 140N or approved equivalent and aggregate base as shown on project plans.

8.12. Hot Mix Asphalt
Measurement and Payment

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
110
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Hot Mix Asphalt,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #26 Hot Mix Asphalt Pavement (6-Inch) TON
General
This work includes producing and placing hot mix asphalt (HMA) Type A according to Caltrans Standard Specifications, latest edition. The work includes the construction of Hot Mix Asphalt pavement to the depth shown on the Plans.

Comply with Section 39, “Hot Mix Asphalt,” of the Standard Specifications. According to Section 39-

2.02B(2), for Type A HMA mixtures using RAP, the maximum allowed binder replacement is 25% in the upper 2.5 inches. According to Section 39-2.02B(5), RAP may be substituted for part of virgin aggregate in a quantity up to a 25 percent of the aggregate blend.

The grade of asphalt binder mixed with aggregate for HMA Type A must be PG 64-10.

The aggregate for HMA Type A must comply with the ½” grading for the wearing course, ¾” grading for the base course. Maximum compacted lift thickness shall be as shown on the plans. Maximum time allowed between paving lifts on any given street included in this project shall be seven (7) calendar days.

Apply SS-1h tack coat to existing pavement and adjacent concrete surfaces prior to overlay and between lifts of new pavement.

Do not leave a vertical joint more than 0.15-foot-high between adjacent lanes open to public traffic.

Place W8-11 “UNEVEN LANES” signs adjacent to the outside edge of the traveled way. Place the first W8-11 sign where the vertical joint begins in the direction of travel on that lane. Place the W8-11 signs at 1,000-foot maximum intervals and at ramps and public roads entering the traffic lane.

Place additional HMA along the pavement’s edge to conform to road connections, storm drain inlet structures, and private drives. Hand rake, if necessary, and compact the additional HMA to form a smooth conform taper.

HMA shall be placed in accordance with the grades and details shown on the plans and maintain positive drainage to storm drain features located in the shoulder as shown on the plans. The final grade at the edge of the new HMA pavement shall be nominally 1/2" above the regraded and compacted shoulder.

Contractor shall provide quality control testing and Town will perform acceptance testing. The reduced payment factors as outlined in Section 39-2.01A(4)(i)(ii) of the Standard Specifications apply. Contractor shall propose method of filling core holes taken during QC testing.

8.13. Full Depth Reclamation
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Full Depth Reclamation,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
111
Bid Item #25 Roadway Reconstruction with 18" FDR LS
General
All of Caltrans Standard Specifications Section 30-4, “Full-Depth Recycling-Cement,” applies and as modified in these Contract Specifications. Work involved with furnishing and constructing Full Depth Reclamation with Portland Cement (18-Inch Depth), Portland Cement for FDR, Microcracking Cement Treated Base (CTB) shall conform to these Technical Specifications.

Full-depth reclamation (FDR) consists of reconstructing the existing distressed pavement section by inplace recycling of the pavement materials and treating with portland cement to enhance the structural properties of the recycled materials. This work shall consist of:
• Milling and removing the upper 8 inches (minimum) of existing AC and/or AB. If this material is used for embankment fill, the asphalt concrete millings shall be segregated, stockpiled, and processed (means and methods by Contractor), to meet embankment fill requirements as defined in Section 10-6, “Earthwork” and will be paid for under the EMBANKMENT FILL (F) pay item.
• Performing additional deeper milling/grinding of thicker asphalt concrete sections (means and methods by Contractor) for onsite use and use for FDR section. • Grading entire roadway to rough finish grade (minus 6 inches to allow for placement of HMA paving to finish grades).
• Removal, offhaul, and disposal of excess roadway materials that is paid for under the OFFHAUL AND DISPOSAL pay item.
• Pulverizing existing millings of asphalt concrete pavement/aggregate base and underlying materials to specified depth, uniformly mixing with portland cement, water, and if specified, supplementary aggregate. The mixture shall then be compacted, graded, and cured in such a manner that the in-place cement treated mixture forms a dense, uniform mass conforming to the lines, grades, and cross sections shown on the plans.

The Contractor shall review the geotechnical report and the boring logs prepared for this project indicating the various thicknesses of the pavement structural section in the project area. Asphalt concrete thicknesses in the westbound lane are significantly thicker and different from the thicknesses in the eastbound lane. Refer also to the core summary included in the Plans.

A 4.5% cement dosage was assumed for the cement additive quantity calculation in the Bid Schedule.

The Contractor shall prepare their own mix design based on the plans and the materials to be encountered because of incorporating on-site AC pavement, aggregate base, and subgrade soil into the FDR mixture, which shall include a minimum of three separate % cement mix designs as the basis for the final mix design % cement that shall be reviewed and approved by the Engineer. In general, the following materials will likely be pulverized and mixed:
• AC pavement from the westbound and eastbound lanes (various thicknesses)

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
112
• Aggregate base from the westbound lanes and eastbound lanes (various thicknesses) • On-site subgrade soil
Materials
A. Recycled Materials

1. Material to be (pulverized) treated with portland cement shall consist of all pulverized asphalt concrete, existing aggregate base, and on-site soil material. Existing materials shall be pulverized so that 100 percent (100%) will pass a two (2)-inch (50-mm) sieve and a minimum of 85 percent (85%) will pass a one (1)-inch (25-mm) sieve. If underlying soil conditions are unstable due to high moisture content, Contractor shall notify Engineer for additional direction.

B. Portland cement – All cement to be used or furnished shall conform to ASTM C150. The cement shall be protected from moisture until used and be sufficiently dry to flow freely when handled.

Cement shall be furnished in bulk and not exposed until applied to prepared grade.

C. Water – Water shall be free from oils, acids, organic matter, or other substances deleterious to the cement treatment of materials. The water shall not contain more than 1,000 parts per million of chlorides nor more than 1,000 parts per million of sulfates as SO4. Water shall be clean and potable and shall be added as needed during mixing, compacting, and finishing operations and during the curing period, as required.

D. Cement Application Rate – For bidding purposes, Contractor shall use a portland cement application rate of four and a half percent (4.5%) by weight of the proposed blend of recycled pulverized asphalt pavement, aggregate base, and on-site soil. Contractor shall also submit an add/deduct price per ton for portland cement that may exceed or reduce the four and a half percent (4.5%) base application rate. The actual target cement application rate for construction shall be determined by laboratory testing as part of this contract and shall be based on the completion of at least three separate % cement mix designs.

E. FDR-Cement Mixture – A laboratory mix design shall be submitted to the Town prior to construction that identifies the proportions of recycled pulverized asphalt pavement, aggregate base, and on-site soil, used and the resulting gradation, and the recommended target contents of water and cement as percentages by weight of the blend of recycled materials. The mix design shall also include results of compressive strength testing of corresponding mixture specimens per ASTM D4832* after seven (7) days of curing, for which the minimum requirement shall be 300 psi. The maximum 7-days strength shall be 500 psi. *If ≥ 70% passes the ¾” sieve size, use ASTM D1633 instead.

Contractor’s Qualification

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
113
The Contractor performing FDR cement stabilization shall document a minimum of five (5) years of experience performing similar cement stabilization work. The Contractor shall submit a list of equipment to be utilized in the performance of the cement stabilization work. The Contractor shall submit a detailed description of work procedures for approval by the Engineer prior to beginning FDR cement stabilization work.

The Contractor performing FDR cement stabilization shall have a representative on site with a minimum of five (5) years’ experience in cement stabilization. Their function should include coordinating with other Contractors and site representatives. All personnel should be properly trained in the FDR treatment process, including quality control and safety procedures.

Protection of Existing Utilities
Where existing underground utilities or utility services lie within the FDR section, the Contractor shall verify, by potholing or other means acceptable to and approved by the Engineer, that there is sufficient cover over the utilities to provide clearance for the FDR mixing process without damage to the existing utility facilities. This verification shall be carried out where each utility crosses the boundary of the FDR section, and at a minimum of one location in between. This paragraph shall not relieve the Contractor of conforming to all utility protection requirements contained elsewhere in these Contract Specifications.

The Contractor shall be responsible for the protection of existing pipelines, catch basins, utility boxes and other utility structures that are to remain within the FDR work area. Any such utility facilities that are damaged from roadway excavation work performed by the Contractor shall be either repaired or replaced to the satisfaction of the Engineer at no cost to the Town, in accordance with Section 5-1.36, “Property and Facility Preservation,” of the Standard Specifications.

Equipment
The FDR section shall be constructed utilizing a combination of equipment that will produce results that meet all the requirements herein. The Engineer prior to use shall approve such machines.

A. AC Miller – The milling machine shall be capable of breaking down the existing AC and/or AB to the depths specified. Following subsequent processing (if needed) material shall conform to sizes indicated under Recycled Materials.

B. Cement Spreader – The cement spreader shall be equipped with such instrumentation and control equipment to control spread rates over variable travel speeds. The operator shall demonstrate that the instrumentation and control equipment is calibrated and capable of controlling the spread rates within specifications.

C. Mixer/Reclaimer – The mixing equipment shall be capable of mixing the full-specified depth of cement treatment, leaving a relatively smooth plane at the bottom of the FDR section. Mixing equipment shall be equipped with a visible depth indicator showing the mixing depth, and an odometer or foot-meter to indicate travel speed, and a controllable water additive system for regulating water added to the mixture.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
114
D. Compactors – When compacting cement treated sections greater than eight (8) inches, a sheepsfoot, padfoot, or segmented wheel type compactor capable of compacting the entire section to the project specification shall be used.

Construction Methods
A. Preparation of Existing Roadway – The existing asphalt concrete (AC) surface and the underlying base material and the on-site soil material shall be pulverized to a depth as indicated on the plans. Note that asphalt concrete millings used as embankment fill shall be segregated, stockpiled, and processed (means and methods by Contractor) to meet embankment fill requirements as defined in Section 10-6, “Earthwork”. When the thickness of the existing AC and base section is less than the depth specified on the plans, the pulverized depth may be reduced per Engineer’s approval. FDR depth shall be measured from the finished grade minus the HMA pavement layer ensuring that existing asphalt pavement is recycled in the process.

The pulverized materials shall be graded to conform to the final road grades and cross slopes as shown on the plans minus the depth specified for the HMA pavement prior to application of the cement. Where existing grades need to be matched (e.g., beginning and end of project) the pulverized materials shall be graded to allow for construction of the HMA pavement of the thickness as specified on the plans. Grading operations will require movement of material along the grade and offhaul to conform to the proposed road grades and cross slopes minus the depth specified for the HMA pavement to allow for the new asphalt concrete section to be installed.

B. Portland Cement Application – The portland cement shall be applied in one operation to the required width, grade, and cross section depth. Cement shall be evenly spread at the designated rate and the spread rate shall not vary more than ten percent (10%) in any area. Only a calibrated spreader able to provide a uniform distribution of the cement throughout the treatment area shall spread cement. The cement shall be added in a dry state and every precaution shall be taken to prevent dusting.

The spreader truck shall demonstrate the ability to maintain a consistent spread rate over variable travel speeds. The Contractor will demonstrate the consistency of the spread rate by conducting multiple pan tests. The pan test consists of placing a three (3) square foot pan on the grade in front of the spreader truck. After cement has been spread, the cement is weighed to determine the rate of spread in pounds per square foot.

Truck tags will be used to verify amount of cement delivered to project.

No traffic other than the mixing equipment or other related construction equipment will be allowed to pass over the exposed cement until after completion of mixing.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
115
Cement shall not be spread or mixed/hydrated while the atmospheric temperature is below 40 °F (4.44 °C). At the Engineers discretion, processing will be allowed if temperature is rising.

C. Mixing and Hydrating – The depth of treatment shall be the depth designated on the plans or as determined by the Engineer. In areas where mixer cannot access, such as around manholes or curbs, Contractor shall process the same day by pulling the material away from obstacles immediately after cement application. Material and cement shall be relayed to an area accessible to mixing equipment.

Cement treatment can be conducted in one lift provided the Contractor can demonstrate that the spread rate, particle size, and compaction can be achieved. The mixer shall be capable of automatically adjusting itself to maintain a constant depth. On the initial mix, the water truck must have a solid connection to the mixer. The water shall be injected directly into the mixing chamber and shall produce a homogenous blend free from streaks or pockets of dry cement.

Leakage of water from equipment will not be permitted. Care shall be exercised to avoid the addition of any excessive water.

When mixed material, exclusive of one (1) inch or larger clods, is sprayed with phenolphthalein alcohol indicator solution, areas showing no color reaction will be considered evidence of inadequate mixing.

Contractor is required to complete mixing and initial compaction of the FDR-cement section within two (2) hours of initial hydration of cement.

D. Compaction – Maintain moisture above the optimum moisture content, but within allowable range as determined by the moisture/density relationship of the compaction curve. The FDRcement section shall be compacted to 97 percent (97%) of the maximum density as determined by ASTM D1557.

The maximum compacted thickness of a single layer may be any thickness the Contractor can demonstrate to the Engineer that his equipment and method of operation will provide the required compacted density throughout the treated layer.

E. Initial compaction – Contractor shall achieve the project’s minimum compaction requirement during initial compaction operation. Lift thickness of four (4) to eight (8) inches shall be by means of a steel-tired or pneumatic-tired roller. Lift thickness of eight (8) to 12 inches shall be compacted by means of a sheepsfoot or padfoot compactor. Lift thickness greater than 12 inches shall be compacted by a sheepsfoot or padfoot compactor with an open ring design to prevent bridging of the lower half of the FDR section. Areas inaccessible to rollers shall be

ITEM NO. 12.

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compacted to the required compaction by other means satisfactory to the Engineer.

Surface compaction – Surface compaction is defined as the upper three (3) inches of the FDR section. Surface compaction shall be by means of steel-tired or pneumatic-tired roller. Areas inaccessible to rollers shall be compacted to the required compaction requirement by other means satisfactory to the Engineer.

F. Final Grading – Surface compaction and finish grading shall proceed in such a manner as to produce, in not more than two (2) hours from initial compaction, a smooth, closely knit surface conforming to the crown, grade and line indicated and will be free of cracks, ridges or loose material.

Maintain moisture content on surface within allowable range during all grading procedures.

All excess material above the grade tolerance specified by the plans should be removed from the grade prior to final surface compaction of the FDR section. This excess material can be used in areas inaccessible to treatment equipment, provided the cement base material is used within the allotted time constraints.

The trimmed and completed surface shall be rolled with steel or pneumatic tired rollers. Minor indentations may remain in the surface of the finished material as long as no loose material remains in the indentations.

Routine Inspection and Testing
For every 1,000 square yards of FDR or as determined necessary by the Project Manager, an inspection will be undertaken by the Project Manager that includes sampling and testing to determine whether the quality of the FDR material and workmanship provided complies with the requirements set forth in these Technical Provisions. Samples of the cement treated FDR blend will be obtained, cured for three (3) days as appropriate to simulate field curing methods, and tested for compressive strength.

A. Traffic Loading – Once the FDR section is finished; Contractor may be allowed to place subsequent structural layers over the FDR section provided that the following criteria are met:

1. The FDR section is stable and non-yielding under a minimum 15-ton proof-roll.

2. The FDR section has no evidence of shrinkage cracking.

3. The FDR section criteria have been met, including the FDR section thickness, percentage of cement placed, compressive strength, and quantity or volume of FDR treatment confirmed.

B. Repair – If the FDR-cement section is damaged, it shall be repaired by removing and replacing the entire depth of affected layers in the damaged area. Feathering will not be permitted for repair of low areas. The Contractor shall use the same roller employed for compaction and apply

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
117
three (3) passes over the section with the roller vibrating at maximum amplitude and traveling at approximately walking speed (approximately 2-3 mph) to apply the microcracking procedure making sure that surface damage does not occur. Although surface damage should not occur, the Contractor shall inspect the process for verification and alter the process to prevent surface damage.

C. Curing – After placement and compaction of the FDR-cement section is completed, it shall be protected against drying and traffic for three (3) days. The Engineer may reduce the three (3)- day cure period, based on factors such as degree of traffic, temperature, and stability. Curing shall be moist (water fogging), bituminous fog seal, or other method approved by the Engineer.

If moist curing is used, exposed surfaces of the FDR section shall be kept continuously moist with a fog spray for three (3) days. If a bituminous curing is used, it shall consist of liquid asphalt or emulsified asphalt meeting the requirements of Section 94 “Asphaltic Emulsions,” of the Standard Specifications. The bituminous curing seal shall be applied in sufficient quantity to provide a continuous membrane over the soil at a rate of between 0.45 L/m2 and 0.90 L/m2 (0.10 and 0.20 gallon per square yard) of surface with the exact rate determined by the Engineer. It shall be applied as soon as possible after the completion of final rolling. The surface shall be kept moist while the seal is applied. At the time the bituminous material is applied, the soil surface shall be dense, shall be free of all loose and extraneous material, and shall contain enough moisture to prevent excessive penetration of the bituminous material.

8.14. Midwest Guardrail System
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Midwest Guardrail System,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #27 Remove & Dispose/Recycle Existing Guardrail & Posts LF Bid Item #28 Midwest Guardrail System LF
General
Midwest Guardrail System shall conform to the provisions of Section 83-2.02 “Midwest Guardrail Systems” of the Standard Specifications, the Plans, and these Technical Specifications.

Hardware shall be hot-dip galvanized to weight required by ASTM A 153/A 153M. Install rails and posts and accessories in accordance with manufacturer's instructions. Set top of rail 31 inches +/- 1 inch above finish grade. Space posts at intervals not exceeding 6'-3". Drive posts plumb to correct elevations. Attach rails securely to posts with anchoring hardware.

The bid item “Midwest Guardrail System” includes all work as shown on the Plans and described in these Specifications including strengthened Midwest Guardrail System section at a power pole.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
118
Contractor shall field verify clearance of guard rail at the power pole at Station 10+50 +/-. A 4’-0” minimum clearance is required between the face of the railing and the face of the power pole located directly behind MGS sections with post spacing at 6'-3". Construct MGS as shown in the detail "Strengthened Midwest Guardrail System Sections for Fixed Objects" on this Standard Plan A77R6, where the clearance between the back of post and the face of a fixed object is less than 3'-0", but not less than 1'-0". Where the clearance is less than 1'-0", a concrete wall or barrier shall be constructed to shield the power pole.

Tolerances:

Posts - Maximum Variation from Plumb: 1/2 inch.

Rail - Maximum Offset from True Position: 1 inch.

Rail - Maximum Variation from True Height: 1/2 inch.

Components shall not infringe adjacent property lines.

The existing guardrail system shall be removed and disposed of. Recyclable materials of the guardrail system shall be recycled.

8.15. TRAFFIC STRIPING, PAVEMENT MARKINGS, AND MARKERS
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Traffic Stripes, Pavement Markings, and Markers,” of the Technical Specifications, shall be measured and paid for in the appropriate bid item price.

Bid Item #29 Thermoplastic Traffic Striping - Caltrans Detail 22 LF Bid Item #30 Thermoplastic Traffic Striping - Caltrans Detail 27B LF Bid Item #31 Thermoplastic Traffic Striping - Caltrans Detail 29 LF Bid Item #32 Thermoplastic Traffic Striping - Caltrans Detail 38A LF Bid Item #33 Thermoplastic Traffic Striping - Caltrans Detail 39 LF Bid Item #34 Thermoplastic Traffic Striping - Caltrans Detail 39A LF Bid Item #35 Thermoplastic Markings SF
Bid Item #36 6-inch White Stripe LF
Bid Item #37 Limit Line LF
Bid Item #38 Blue Fire Hydrant Pavement Marker EA
General
Painting traffic stripes (traffic lines) and pavement markings (legends) shall conform to the CA MUTCD, Section 84 of the Standard Specifications, the striping tie out plans as generated by the Contractor and

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
119
approved by the Engineer under the Plans, detail drawings as shown in Attachment B, and “Pavement Marker, Thermoplastic Marking and Striping Removal,” of these Contract Documents. Traffic Stripes and marking shall be installed as shown on the approved striping tie-out plans or as directed by the Engineer.

All traffic stripes and pavement markings shall be laid out in the field by the Contractor and reviewed and approved by the Engineer five (5) working days prior to any final installation. Any striping and/or marking installed by the Contractor that the Engineer has not pre-approved, and that the Engineer determines are installed improperly or in the wrong locations, shall be removed and replaced to the satisfaction of the Engineer at the Contractor’s sole expense.

Paint for Traffic Stripes
Paint for the traffic stripes, curb painting, and pavement markings shall be Rapid Dry Water Borne paint in accordance with Sections 84, “Markings,” of the Standard Specifications and shall be applied in two coats.

Curbs shall be painted at locations shown on the Plans and as directed by the Engineer. Application shall consist of two coats of traffic paint of the appropriate color applied to the face and top of the curb.

Pavement markings shall be installed with stencils belonging to the Contractor that are determined to be identical to the Town’s stencils.

The Contractor shall install the first coat of the paint within seven (7) calendar days of the final resurfacing. After fourteen (14) calendar days, the second coat of paint shall be applied after the final resurfacing.

Raised Pavement Markers
Pavement markers shall conform to the CA MUTCD, Section 81, “Miscellaneous Traffic Control Devices,” of the Standard Specifications, and these Contract Documents. All non-reflective pavement markers shall be ceramic. Plastic pavement markers shall not be allowed.

Adhesive shall be hot melt bituminous adhesive conforming Section 81, “Miscellaneous Traffic Control Devices,” of the Standard Specifications and these Contract Documents.

Markers shall not be placed on new hot mix asphalt surface until the surface has been open to public traffic for a period of not less than seven days when hot melt bituminous adhesive is used, and not less than 14 days when epoxy adhesive is used. Placement of pavement markers shall be completed within three weeks of application of the new resurfacing of the respective roadway.

All pavement markers in place (outside the limits of the work) shall be protected from damage and shall be clean and undamaged after completion of the project. Any damage to the newly placed or existing markers due to the failure of the Contractor to protect the work, and correction of errors, shall be repaired by the Contractor at no additional cost.

Blue reflective (Caltrans Type BB) fire hydrant pavement markers shall be installed conforming to the provisions of the CA MUTCD Section 3B.11, “Raised Pavement Markers,” and Figure 3B-102 (CA).

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
120
A Certificate of Compliance shall be furnished as specified in Section 6-2.03C, “Certificates of Compliance,” of the Standard Specifications for reflective pavement markers. Said certificate shall also certify that the reflective pavement markers conform to the prequalified testing and approval of Caltrans, division of Traffic Operations, and where manufactured in accordance with the approved quality control program.

Thermoplastic Traffic Stripe and Pavement Marking
Thermoplastic traffic stripes (traffic lines) and pavement markings shall be applied in conformance with Section 84, " Markings," of the Standard Specifications and these Contract Documents.

Thermoplastic material shall be free of lead and chromium and shall conform to the requirements in State Specification PTH-02ALKYD or PTH-02SPRAY of the Standard Specifications.

Retroreflectivity of the thermoplastic traffic stripes and pavement markings shall conform to the requirements in ASTM D6359-99. White thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 250 mcd/m2/lux. Yellow thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 175 mcd/m2/lux.

The color for green back symbols shall meet FHWA specifications for “green.” Where striping joins existing striping, as shown on the Plans, the Contractor shall begin and end the transition from the existing striping pattern into or from the new striping pattern a sufficient distance to ensure continuity of the striping pattern.

Payment for crosswalks shall be measured from the edge of curb or edge of gutter, whichever is less, in linear feet, and shall include the ladder striping and no additional compensation shall be allowed therefore.

Thermoplastic traffic stripes and pavement markings shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris. Thermoplastic shall be extruded and placed in one coat and shall be placed five days after the final surfacing. Sprayable thermoplastic is not allowed after the installation of surface treatments (slurry seal, chip seal, or micro surfacing). Longitudinal limit line shall be white and 12 inches in width. All pavement striping and markings shall be white unless otherwise indicated.

Application
Use preheaters with mixers having 360-degree rotation to preheat the thermoplastic material. Apply the thermoplastic in a single uniform layer by extrusion method. Completely coat and fill voids in the pavement surface with the thermoplastic.

Extruded Thermoplastic
Apply extruded thermoplastic at a temperature from 400°F to 425°F unless a different temperature is instructed by the manufacturer. Apply extruded thermoplastic for a traffic stripe at a rate of at least 0.20 lbs./ft. of 4-inch wide solid stripe. The applied thermoplastic traffic stripe must be at least 0.060 inch thick. An applied thermoplastic pavement marking must be from 0.100 to 0.150 inches thick. Apply glass beads to the surface of the molten thermoplastic at a rate of at least 8 lbs./100 sq. ft.

ITEM NO. 12.

Invitation For Bid #20-811-0008
Title: Shannon Road Repair
121

8.16. SIGNAGE
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all the work involved in compliance with the Plans, Specifications, and “Signage,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #39 Sign(s) and Post EA
General
Work shall conform to Section 56, “Overhead Sign Structures, Standards, And Poles,” of the Standard Specifications, the Plans, the CA MUTCD, and these Contract Documents except as noted herein.

The Contractor shall inventory existing sign locations prior to removal. Signs to be salvaged shall be removed, cleaned, and stored by the Contractor unless another location is specified. For locations where the Contractor is to remove and/or relocate existing signposts as shown on the Plans, the Contractor shall also remove the existing foundation and/or footing. Voids created by the removal shall be backfilled with cement slurry (2-sack mix) where concrete pavement is to be installed. Voids created by the removal of the signposts not in the concrete pavement area shall be backfilled with soil and compacted to at least 90% relative compaction or as specified by the Engineer.

The street signs that are obstructing the construction work shall be removed and signs shall be installed by the Contractor. New signs shall be placed on a new signpost. Prior to installation, the Engineer shall approve the location of the signs. The Contractor shall call Underground Service Alert (USA) at 1-800- 227-2600 prior to digging for the sign pole installation. The Contractor shall neatly core the existing sidewalk, concrete pavement, etc. and shall install the signposts per the Town Standard Plans. The Contractor shall provide all fasteners required to install all signs as indicated on the Plans and as directed by the Engineer.

The Contractor, at the Contractor’s sole expense, shall repair materials to be salvaged that are damaged as a result of the Contractor’s operations or install a new sign per the Town of Los Gatos Standard Plans to the satisfaction of the Engineer.

8.17. Hydroseeding and Erosion Control Blanket
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Hydroseeding and Erosion Control Blanket,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #40 Hydroseeding & Erosion Control Blanket SF
General
Hydroseeding
Hydroseed work shall conform to Section 21-2.03D, “Hydromulch and Hydroseed,” of the Standard Specifications and these Special Provisions.

ITEM NO. 12.

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Title: Shannon Road Repair
122
Work shall include, but not be limited to, providing, mixing, and applying seed mix as shown on the Plans and as directed by the Engineer.

Seed mix shall contain the following:
42% Vulpia Myuros “Zorro”
20% Lotus Scoparius
15% Samucus Mexicana
10% Lupinus Succulentus
5% Eschscholzia Californica
5% Heteromeles Arbutifolia
3% Nemopila Menziesi
Hydroseed slurry shall contain the following:

Seed: 60 lbs per acre
Fertilizer: 800 lbs per acre
Wood fiber: 2000 lbs per acre
Stabilizing emulsion: —binder or approved equivalent
Fertilizer shall have a guaranteed chemical analysis of 6% nitrogen, 20% phosphoric acid, and 20% soluble potash. Fertilizer shall be a pelleted form slow release (9 month) type. Fertilizer shall conform to the California Food and Agricultural Code.

Wood fiber shall conform to Section 21-2.02D, “Fiber,” of the Standard Specifications.

Hydroseed shall be applied to areas where existing vegetation has been disturbed by the Contractor’s operations and as directed by the Engineer.

Erosion Control Blanket
Erosion control shall conform to the provisions of Section 21, “Erosion Control,” of the Standard Specifications and these Special Provisions.

Work shall include, but not be limited to, furnishing and installing erosion control blanket as shown on the Plans and as directed by the Engineer.

Erosion control blanket shall conform to the provisions of Section 21-2.02O, “Rolled Erosion Control Products,” of the Standard Specifications and these Special Provisions.

Erosion control blankets shall be installed in conformance with Section 21-2.03O, “Rolled Erosion Control Products,” of the Standard Specifications and these Special Provisions.

ITEM NO. 12.

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Title: Shannon Road Repair
123

8.18. Supplemental Work
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work in compliance with the Plans, Specifications, and “Supplemental Work,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #42 Supplemental Work LS
General
The Engineer will determine the scope for supplemental work. This item has been included in the contract to cover modifications to the work necessitated by field conditions. The Contractor must perform supplemental work under the direction of the Engineer to receive compensation. At the end of each workday where “Supplemental Work” is performed, the Contractor is to submit to the Engineer a report detailing the work completed.

The Contractor shall be required to submit a Labor and Equipment Rate Schedule with the Proposal.

Schedule shall contain a list of all construction equipment, hourly rates of said equipment, and hourly rates of all personnel proposed to be utilized on this Contract. At the discretion of the Engineer, the schedule may be used for supplemental work during the project.

ITEM NO. 12.
85 17
G1 TITLE SHEET 1 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 SHANNON ROAD REPAIR WITH RETAINING WALL

BETWEEN DIDUCA WAY AND SANTA ROSA DRIVE

TOWN OF LOS GATOS, CALIFORNIA

LOCATION MAP
NTS

ENGINEER
OWNER
Town of Los Gatos
41 Miles Ave.

Los Gatos, Ca. 95030
1003 W. Cutting Boulevard, Suite 110
Pt. Richmond, CA 94804
(510) 215-3620 * Fax (510) 215-2898
Ph: (408) 399-5770

VICINITY MAP
SCALE 1" = 500'
CIP NO. 811-0008

PROJECT

LOCATION

ITEM NO. 12.

G2NOTES, LEGENDS, AND ABBREVIATIONS 2 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 590

ITEM NO. 12.

G3 HORIZONTAL CONTROL, CORE SUMMARY, & KEY MAP 3 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 Page 210
ITEM NO. 12.

X X X X X X X X X X X X X X X X X X X X W W W W W W W W W W W

OHU OHU OHU OHU OHU OHU OHU OHU OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU 70" 72" 72" 72" 72" 72" (60' PRIVATE ROAD EASEMENT) DIDUCA WAY 640
660 650 670 680
690

SHANNON ROAD
C1 MATCHLINE "S" 15+00 SEE SHEET 5 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY A

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE S 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 PLAN AND PROFILE ''S'' 10+00 TO ''S'' 15+00 4
PLAN
"S" LINE PROFILE
VERTICAL:

HORIZONTAL:

SCALE:
1" = 10'
1" = 20'

ITEM NO. 12.

X X X X X X X X X X X X X X X X X X W W W W W W W W W W W W W W OHU OHU OHU

OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU
OHU
OHU
OHU OHU 80" 72" 72" 72" 72" 80" 80" 80" 80" 80" 80" OHU 590600 610 620 630 640 650

SHANNON ROAD
MATCHLINE "S" 15+00 SEE SHEET 4 MATCHLINE "S" 20+00 SEE SHEET 6 C2 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY A

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE S 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 PLAN AND PROFILE ''S'' 15+00 TO ''S'' 20+00 5
PLAN
"S" LINE PROFILE
VERTICAL:

HORIZONTAL:

SCALE:
1" = 10'
1" = 20'

ITEM NO. 12.

X X X W W W W W W W W W W E OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU 80" 80" 80" 80" 60" 60" 60" 72" 72" 72" 72" 72" 72" 72"70" 70" 72" 72" 570 560 560 570 580 590 SHANNON ROAD SANTA ROSA DRIVE MATCHLINE "S" 20+00 SEE SHEET 5 C3 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY A

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE S 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 PLAN AND PROFILE ''S'' 20+00 TO ''S'' 24+50 6
PLAN
"S" LINE PROFILE
VERTICAL:

HORIZONTAL:

SCALE:
1" = 10'
1" = 20'

ITEM NO. 12.

C4 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY A

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE S 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 CROSS SECTIONS ''S'' 10+50 TO ''S' 13+00 7
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'

ITEM NO. 12.

CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY A

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE S 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE:

ISSUED
FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 CROSS SECTIONS ''S'' 13+50 TO ''S' 16+00
8 C5
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'

ITEM NO. 12.

CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY A

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE S 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE:

ISSUED
FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 CROSS SECTIONS ''S'' 16+50 TO ''S' 19+00
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
9 C6
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'

ITEM NO. 12.

CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY A

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE S 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE:

ISSUED
FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 CROSS SECTIONS ''S'' 19+50 TO ''S' 22+00
10 C7
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'

ITEM NO. 12.

CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY A

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE S 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE:

ISSUED
FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 CROSS SECTIONS ''S'' 22+50 TO ''S' 23+00 & TYPICAL ROAD SECTION 11 C8
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'
VERTICAL:

HORIZONTAL:

SCALE:
1" = 5'
1" = 10'

ITEM NO. 12.

X X X X X X X X X X W W W W W W W W
OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU Δ CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 C9DRAINAGE PLAN
12 VERTICAL:

HORIZONTAL:

SCALE:
1" = 4'
1" = 20'

ITEM NO. 12.

X X X X X X X X X X X X X X X X X X X X

SHANNON ROAD
(60' PRIVATE ROAD EASEMENT) DIDUCA WAY X X X X X X X X X X X X X X X X X X SHANNON ROAD CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 MATCHLINE "S" 15+00 SEE BELOW
MATCHLINE "S" 15+00 SEE ABOVE
MATCHLINE "S" 20+00 SEE SHEET 14
C10 STRIPING ''S'' 10+00 TO ''S'' 20+00
13 Page 220
ITEM NO. 12.

X X X E OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU SHANNON ROAD SANTA ROSA DRIVE CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 MATCHLINE "S" 14+00 SEE SHEET 13
C11 STRIPING ''S'' 20+00 TO ''S'' 24+50
14 Page 221
ITEM NO. 12.

CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE:

ISSUED
FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 D1DRAINAGE DETAILS
15 Page 222
ITEM NO. 12.

D2 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 CIVIL DETAILS 1
16 Page 223
ITEM NO. 12.

D3 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE 1003 W. Cutting Boulevard, Suite 110 Point Richmond, CA 94804 (510) 215-3620 * Fax (510) 215-2898 DATE: ISSUED FOR BIDS 4-16-2025 SHANNON ROAD REPAIR WITH RETAINING WALL LOS GATOS, CALIFORNIA CIP NO. 811-0008 22 CIVIL DETAILS 2
17 Page 224
ITEM NO. 12.

X X X X X X X X X X X X X X X X X X X X W W W W W W W W W W W 655 660 670 665 675 680 685 690 685 680 675 670 665 660 665 655 650 645 640 675 670 675
660
655 650

OHU OHU OHU OHU OHU OHU OHU OHU OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU 70" 72" 72" 72" 72" 72" 72"

SHANNON ROAD
S1 MATCHLINE "S" 15+00 SEE SHEET S2 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AN

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SO SHANNON ROAD REPAIR LOS GATOS, CALIFORNIA PROJECT NO.: 58.20.55 22CAL ENGINEERING & GEOLOGY 785 Ygnacio Valley Road Walnut Creek, CA 94596 Phone: (925) 935-9771 DATE: ISSUED FOR BIDS 4-16-2025 RETAINING WALL PLAN (1 OF 3) 18

ITEM NO. 12.

X X X X X X X X X X X X X X X X X X W W W W W W W W W W W W W W 615 620 635 630 625 640 645 650 655 645 640 635 630 625 620 615 610 605 600 595 590 585
650
645 640
630635 640
620625630
610615620625
600605610615620
590595600605610615
OHU
OHU
OHU

OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU
OHU
OHU
OHU
OHU OHU 80" 72" 72" 72" 72" 80" 80" 80" 80" 80" 80" OHU

SHANNON ROAD
MATCHLINE "S" 15+00 SEE SHEET S1
MATCHLINE "S" 20+00 SEE SHEET S3
S2 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AN

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SO SHANNON ROAD REPAIR LOS GATOS, CALIFORNIA PROJECT NO.: 58.20.55 22CAL ENGINEERING & GEOLOGY 785 Ygnacio Valley Road Walnut Creek, CA 94596 Phone: (925) 935-9771 DATE: ISSUED FOR BIDS 4-16-2025 19RETAINING WALL PLAN (2 OF 3)

ITEM NO. 12.

X X X W W W W W W W W W W E 565 570 575 570 570
565 575 580585 600 595 590 610 605 615 620
585
590
595
600
605
610615 580585 590595600
575
580
585 590
560
565570 575580
585
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU
OHU OHU 80" 80" 80" 80" 60" 60" 60" 72" 72" 72" 72" 72" 72" 72"70" 70" 72" 72" SHANNON ROAD SANTA ROSA DRIVE MATCHLINE "S" 20+00 SEESHEET S2 S3 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AN

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SO SHANNON ROAD REPAIR LOS GATOS, CALIFORNIA PROJECT NO.: 58.20.55 22CAL ENGINEERING & GEOLOGY 785 Ygnacio Valley Road Walnut Creek, CA 94596 Phone: (925) 935-9771 DATE: ISSUED FOR BIDS 4-16-2025 20RETAINING WALL PLAN (3 OF 3)

ITEM NO. 12.

S4 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AN

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SO SHANNON ROAD REPAIR LOS GATOS, CALIFORNIA PROJECT NO.: 58.20.55 22CAL ENGINEERING & GEOLOGY 785 Ygnacio Valley Road Walnut Creek, CA 94596 Phone: (925) 935-9771 DATE: ISSUED FOR BIDS 4-16-2025 21RETAINING WALL PLAN TYPICAL SECTION
NOTES

2. AT GROUND ANCHOR LOCATIONS, THE LAGGING LENGTH SHALL BE ADJUSTED TO AVOID CONFLICT WITH THE CONTRACTOR-DESIGNED GROUND ANCHORS. A MINIMUM BEARING DISTANCE OF 2-1/2 INCHES SHALL BE PROVIDED BEHIND THE SOLDIER PILE FLANGES.

WELDING ADDITIONAL PLATE STEEL TO THE SIDES OF THE SOLDIER PILE FLANGES MAY BE

REQUIRED TO SATISFY THE BEARING DISTANCE REQUIREMENT, DEPENDING ON THE CONTRACTOR'S GROUND ANCHOR DESIGN.

GROUND ANCHOR REQUIREMENTS
ANCHOR TYPE: STRAND TENDONS, ASTM A416, GRADE 270, DOUBLE

CORROSION PROTECTED,
POST GROUTED (FHWA GEOTECHNICAL CIRCULAR NO. 4)
GROUT STRENGTH: 5 KSI MIN., ASTM C150
DESIGN LOAD: 96 KIPS
MAX TEST LOAD: 115 KIPS
LOCK OFF LOAD: 50 KIPS
MIN UNBONDED LENGTH: 20 FT
MIN BONDED LENGTH: 10 FT
MAX TOTAL ANCHOR LENGTH: 35 FT (CONTROLLED BY RIGHT-OF-WAY LIMITATIONS)

ITEM NO. 12.

ROAD
CLOSED
DETOUR
AHEAD
DETOUR CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NO

AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NE SHANNON ROAD AND RETAINING WALL REPAIR LOS GATOS, CALIFORNIA PROJECT NO.: 20-811-0008 ANIO S L EER IN NG E EFOR D P ETSI ER S OFI LA R LI AI N S FO A ET I C T VC GER63058 EXP. 6/30/26

ROAD CLOSED
1 MILE AHEAD

LOCAL TRAFFIC ONLY
END

DETOUR DETOUR DETOUR PLAN AHEAD CLOSED ROAD
22 22

ROAD CLOSED
AHEAD

LOCAL TRAFFIC ONLY
T1

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.

AGREEMENT FOR CONSULTANT SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on 17th day of June 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) Haley & Aldrich Inc., (“Consultant”), identified as an Incorporated and whose address is 2107 N. First St., Suite 380, 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 Construction Management services for the Shannon Road Repair Project (CIP No. 811-0008).

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 June 3, 2025, 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, 2026. 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 ATTACHMENT 4

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.
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 $280,311, inclusive of all costs. Payment shall be based upon Town approval of each task and fees for each task shall not be exceeded without written authorization from the Town.

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

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.
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 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.

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.
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 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.

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.

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. 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 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

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.

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 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)].

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.

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 Consultant.

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
Haley & Aldrich Inc.
2107 N First St., Suite 380
San Jose, CA 95131
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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

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

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.
unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

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

Town of Los Gatos by:

Chris Constantin, Town Manager

Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Haley & Aldrich Inc. by:

Phillip Gregory, Senior Principal
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk

ITEM NO. 12.

HALEY & ALDRICH, INC.
2107 N First St., Suite 380| San José | CA 95131
426 17th St., Suite 700 | Oakland | CA 94612
2190 Meridian Park Blvd, Suite A & B | Concord | CA 94520 785 Ygnacio Valley Rd. | Walnut Creek | CA 94596
3 June, 2025
Saurabh Nijhawan, PE
Town of Los Gatos Parks and Public Works
Construction and Design Engineering Section
41 Miles Ave
Los Gatos, California 95030
RE: Construction Management Proposal Letter
Shannon Road Repair Project
Los Gatos, California
Dear Mr. Nijhawan:

Haley & Aldrich is pleased to submit this scope of work and fee estimate for Construction Management Services for the Shannon Road Repair Project (CIP 20-811-0008), as requested by the Town of Los Gatos. We have developed this scope based on your project requirements, plans and specifications, and our experience providing similar services to public agencies.

PROJECT UNDERSTANDING
Our understanding is that the Town of Los Gatos intends to repair and improve Shannon Road, and is seeking construction management services for a project duration of approximately 90 working days, with pre-construction, construction, and postconstruction/closeout phases. To deliver a quality project to the Town, we will provide CM services for the following key details based on the project documents:
• Assessment of existing conditions and utility conflicts • Coordination between the County, Engineer, Contractor, and Others • Provide supporting recommendations for constructability • Observation and inspection of
• Initial site grading
• Solider pile drilling and installation

EXHIBIT A

ITEM NO. 12.

Task Order Scope and Fee Estimate Page 2
Shannon Road Roadway Restoration 25 May 2023
• Concrete inspection and sampling
• Concrete lagging installation
• Tie back installation
• Structural backfill
• Drainage improvements
• Guard rail and cable railing installation
• Full depth reclamation of subgrade
• Finish grading and paving
• Ongoing documentation control and project management

SCOPE OF SERVICES
The majority of the work will be completed by Gus Gregory, Construction Manager, and a qualified Geotechnical Construction Inspector/ACI Special Inspector. Based on our understanding of the project and the information that has been provided to us, the proposed scope of services will include the following tasks:

TASK 1 – PRE-CONSTRUCTION
a. Lead the pre-construction meeting with all stakeholders. b. Conduct on-site preconstruction walkthrough with the contractor, identifying site conditions, potential hazards, existing utilities, and staging and logistics. c. Review contractor work plans for permitting compliance and sequencing (2 reviews). d. Review contractor safety plan, USA ticket, and excavation permits. e. Review the project baseline schedule submitted by the contractor. f. Create an internal baseline schedule for progress tracking and delay analysis. g. Coordinate the submittal review process between the contractor and the design engineer.

ITEM NO. 12.

Task Order Scope and Fee Estimate Page 3
Shannon Road Roadway Restoration 25 May 2023
TASK 2 – DURING CONSTRUCTION
a. Provide daily observation, documentation, and project oversight. b. Lead weekly project meetings (assumed 16 meetings, 1 hour each, attended by two staff). • Provide weekly meeting minutes the following day
• Review three-week lookahead and potential roadblocks
c. Lead weekly project safety meetings (assumed 16 meetings, 30 minutes each). • Identify site conditions and update potential hazards d.Provide regular weekly and monthly updates to the Town. • Deliver weekly and monthly reports with progress summary, photos, and schedule and budget analysis
e. Coordinate review and processing of contractor submittals (estimate 12 submittals). f. Manage Requests for Information (RFIs) from the contractor (estimate 6 RFIs). • Support RFI review and analysis, as-needed
g. Review and respond to potential change order requests (PCOs). • Analyze and provide third-party estimations for PCOs and claims h.Track and review the contractor's project schedule, including three-week look-ahead schedules.
• Compare contractor schedule to baseline weekly
• Provide delay analysis reports, when necessary
i. Document project progress with aerial UAS imagery twice weekly. • On-site inspector with Part 107 UAS license can fly the site daily • Aerial images can be available to the project team within hours j. Observe and document daily construction activities throughout the 90-day period.

Type text here

ITEM NO. 12.

Task Order Scope and Fee Estimate Page 4
Shannon Road Roadway Restoration 25 May 2023
k. Perform concrete inspection, sampling and lab testing of lean concrete backfill • Assume testing/sampling 25% of piles with approval of engineer l. Monitor installation of lagging (estimate 20 days).

TASK 3 – POST CONSTRUCTION/PROJECT CLOSEOUT
a. Coordinate project punch-list walkthrough and develop completion schedule. • Create punch-list with the Town, Contractor, and Design Engineer b. Verify completion of all punch-list items.
c. Support contractor with completion of redlines and record drawings. d. Provide a final construction and inspection summary letter to the Town. e. Assist with permit closeout as needed.

BASIC CHARGES AND LIMITATIONS
The estimated fee for the scope of work presented above and in Attachment A will be provided on a Time-and-Expense, Not-to-Exceed basis. Our proposed fee for CM and inspection services for the Shannon Rd Repair Project is based on the scheduled number of working days (90 days) and scope of work provided by the Town.

Based on the scope of work and assumptions outlined in this proposal and on the attached cost estimation spreadsheet, we estimate that the cost of our construction management services would be approximately $280,311. An approximate breakdown by task is presented below.

Scope Item Subtotals
Project Management and Admin $ 2,976
Task 1 – Pre-construction $ 8,000
Task 2 – During Construction $ 254,615
Task 3 – Post-Construction/Project Closeout $ 14,720
TOTAL: $ 280,311
A breakdown of our fee estimate for each Task is presented in the table in Attachment A.

ITEM NO. 12.

Task Order Scope and Fee Estimate Page 5
Shannon Road Roadway Restoration 25 May 2023
Keeping the Town’s budget in mind, we would minimize concrete sampling and testing to 25% of the piles. Due to the low strength requirement of the fill, our engineering team is able to approve limited testing if the concrete appears to be satisfactory based on field inspection and initial concrete break results. This savings is reflected in the cost estimate.

Haley & Aldrich is also submitting a separate proposal for Construction Management (CM) services for this Project. Should the Town select us for both the CM and Geotechnical scopes, significant added value can be realized through enhanced coordination, more efficient scheduling of field activities and meetings, and streamlined communication between teams. A key advantage of this integrated approach is our ability to assign the same qualified field personnel to perform both geotechnical observations/testing and the technical inspection requirements of the CM scope.

In recognition of the Town of Los Gatos awarding Haley & Aldrich, Inc. both the Geotechnical Engineering and Construction Management contracts for the Shannon Road Repair Project, we are pleased to apply a 20% discount to our previously proposed not-to-exceed fee for Geotechnical Engineering Services during construction. Accordingly, our construction phase geotechnical engineering services will be provided on a time-and-materials, not-to-exceed basis in accordance with our “Standard Terms and Conditions, 2020” and the attached “Standard Fee Schedule, 2025.” Our not-to-exceed (NTE) budget is $110,500 for the geotechnical engineering services and $280,311 for construction management services.

EXCLUSIONS
The proposed scope of work and level of effort will be limited to only those tasks described in the scope of work and to the extent indicated in the level of effort included on the attached spreadsheet. Any additional work beyond that indicated is to be considered excluded and will be undertaken and completed only after receipt of written authorization of additional work by the Town of Los Gatos.

It is our assumption that special permitting and coordination efforts will not be required.

The costs associated with these efforts have not been included in this proposal. If it is determined that special permitting and coordination efforts are required, these services will be completed upon request, on a time and expenses basis.

ITEM NO. 12.

Task Order Scope and Fee Estimate Page 6
Shannon Road Roadway Restoration 25 May 2023

LIMITATIONS
Our work will be completed in accordance with generally accepted geotechnical engineering practices and procedures. This standard is in lieu of all other warranties either expressed or implied.

ITEM NO. 12.

Task Order Scope and Fee Estimate Page 7
Shannon Road Roadway Restoration 25 May 2023

EXECUTION
We can execute the described scope of work upon receipt of an executed Task Order from the Town of Los Gatos.

Sincerely,
CAL ENGINEERING & GEOLOGY, INC.

A division of Haley & Aldrich
Gus Gregory, CMIT. Christopher R. Nardi, P.E., G.E.

Technical Specialist, Construction Senior Technical Expert, Geotechnical Engineer Attachments: A – Level of Effort and Fee Estimate

ITEM NO. 12.

Transmittal of Final Report and Lab Data
Lake Berryessa Area Pavement Evaluation 7 April 2023
ATTACHMENT A – Level of Effort and Fee Estimate

ITEM NO. 12.

Shannon Rd Stabilization CM Services Cost Estimate Senior Principal Phillip Gregory, PE, GE Principal Senior Project Manager Chris Hockett Project Manager Ronaldo Longoria, PE Construction Manager Gus Gregory CMIT Construction Inspector Project Controls Andrea Clark Subtotal Hours Subtotal Cost Field Vehicle Concrete Lab Testing (25% of piles, 4 samples/day) Subtotal Cost Total Cost $395 $360 $265 $225 $225 $225 $147 $95/day $45/sample
Project Management 8 8 16 $ 2,976 $ - $ 2,976.00
Task 1: Pre-construction
a. Pre-construction Meeting 1 1 1 3 $ 715 $ - $ 715.00
b. On-site walkthrough 4 4 8 $ 1,800 $ 190 $ 190 $ 1,990.00 c. Review contractor work plan 1 2 2 5 $ 1,165 $ - $ 1,165.00 d. Review safety plan, USA, permits 2 2 4 $ 900 $ - $ 900.00 e. Review contractor schedule 2 2 $ 450 $ - $ 450.00
f. Create internal baseline schedule 2 2 $ 450 $ - $ 450.00 g. Submittal coordination 2 8 10 $ 2,330 $ - $ 2,330.00 Task 2: During Construction
a. Project oversight 72 72 $ 16,200 $ 1,710 $ 1,710 $ 17,910.00 b. Weekly project meetings 18 18 36 $ 8,100 $ - $ 8,100.00 c. Weekly safety meetings $ - $ - $ -
d. Weekly and monthly updates 18 18 $ 4,050 $ - $ 4,050.00 e. Submittal processing 12 6 18 $ 4,050 $ - $ 4,050.00
f. RFI processing 6 3 9 $ 2,025 $ - $ 2,025.00
g. PCO processing 8 16 24 $ 5,720 $ - $ 5,720.00
h. Schedule tracking/updates 18 18 $ 4,050 $ - $ 4,050.00 i. UAS imagery 36 $ 8,100 $ - $ 8,100.00
j. Observe and document daily activities (90-days) 846 $ 190,350 $ 8,550 $ 8,550 $ 198,900.00 k. Concrete inspection and lab testing (38 days) $ - $ 1,710 $ 1,710 $ 1,710.00 l. Monitor lagging installation $ - $ - $ -
Task 3: Post Construction/Project Closeout
a. Punch-list walkthrough 4 4 4 12 $ 2,860 $ - $ 2,860.00 b. Punch-list verfication 4 4 8 $ 1,800 $ - $ 1,800.00
c. Redline support 2 8 8 18 $ 4,130 $ - $ 4,130.00
d. Final construction letter 2 16 8 26 $ 5,930 $ - $ 5,930.00 e. Permit closeout (as-needed) $ - $ - $ -
Subtotal Hours 16 192 933 259 - - - - -
Subtotal Cost $ - $ - $ 4,240 $ - $ 43,200 $ 209,925 $ - - $ 268,151 $ 10,260 $ 1,710 $ 12,160 $ 280,311

DESCRIPTION

STAFFING ODC'S
5/29/2025

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.

AGREEMENT FOR CONSULTANT SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on 17th day of June 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) Haley & Aldrich Inc., (“Consultant”), identified as an Incorporated and whose address is 2107 N. First St., Suite 380, 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 Geotechnical Engineering services for the Shannon Road Repair Project (CIP No. 811-0008).

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 June 3, 2025, 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, 2026. 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 ATTACHMENT 5

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.
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 $110,500, inclusive of all costs. Payment shall be based upon Town approval of each task and fees for each task shall not be exceeded without written authorization from the Town.

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

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.
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 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.

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.
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 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.

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.

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. 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 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

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.

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 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)].

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.

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 Consultant.

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
Haley & Aldrich Inc.
2107 N First St., Suite 380
San Jose, CA 95131
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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

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

ITEM NO. 12.

Agreement for Consultant Services
Haley & Aldrich Inc.
unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

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

Town of Los Gatos by:

Chris Constantin, Town Manager

Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Haley & Aldrich Inc. by:

Phillip Gregory, Senior Principal
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk

ITEM NO. 12.

HALEY & ALDRICH, INC.
785 Ygnacio Valley Road
Walnut Creek, CA 94596
925.935.9771
www.haleyaldrich.com
June 3, 2025
File No. 200301
Town of Los Gatos Parks and Public Works
Construction and Design Engineering Section
41 Miles Ave
Los Gatos, California 95030
Attention: Mr. Saurabh Nijhawan, PE
Senior Civil Engineer
Subject: Proposal for Geotechnical Engineering Services During Construction Shannon Road Repair Project
Los Gatos, California
Dear Mr. Nijhawan:

Haley & Aldrich, Inc. (Haley & Aldrich) is pleased to submit this scope of work and fee estimate for Geotechnical Engineering Services During Construction for the Shannon Road Repair Project (CIP 20-811- 0008), as requested by the Town of Los Gatos (Town). We developed this scope based on the Project’s requirements, plans, specifications, and our experience providing similar services to public agencies.

In recognition of the Town of Los Gatos awarding Haley & Aldrich, Inc. both the Geotechnical Engineering and Construction Management contracts for the Shannon Road Repair Project, we are pleased to apply a 20% discount to our previously proposed not-to-exceed fee for Geotechnical Engineering Services during construction.

PROJECT UNDERSTANDING
The Shannon Road Repair Project (Project) involves reconstruction of approximately 1,300 LF of road between Santa Rosa Drive and Diduca Way, including installation of a soldier pile and lagging retaining wall, embankment stabilization, full-depth reclamation of pavement, drainage improvements, guardrail, and associated work. Our firm prepared the original geotechnical design report (dated 7 December 2020), so we are very familiar with the subsurface conditions and the Project’s requirements. Based on this experience, we are uniquely qualified and prepared to serve as the Geotechnical Engineer of Record (GEOR) for the Project during the construction, if selected by the Town.

EXHIBIT A

ITEM NO. 12.

SCOPE OF SERVICES
Our proposed construction-phase geotechnical services include the following, with clarifying assumptions:

TASK 1 – Review and Comment on Contractor Questions, Submittals & RFIs Haley and Aldrich licensed engineers (Sarah Khosravani, PE, and Chris Hockett, GE) will provide professional oversight and consultation during the pre-construction and construction phases of the Project. We will provide ongoing geotechnical review and consultation services on an as-needed basis, including:
• Responding to up to eight (8) geotechnical-related questions during the bidding phase. • Reviewing and commenting on up to six (6) geotechnical-related submittals (e.g., retaining wall shoring plans, soldier pile and ground anchor submittals, backfill and drainage material submittals, etc.).
• Responding to up to four (4) geotechnical-related Requests for Information (RFIs).

Our scope for reviewing contractor questions, submittals and RFIs is limited to items directly related to the geotechnical aspects of the Project. Review of non-geotechnical submittals or RFIs is excluded.

Additionally, this scope does not include the preparation of design addenda or revisions to plans and specifications.

Task 2 – Onsite Geotechnical Observation and Testing During Construction We will provide geotechnical observation and testing services to: (1) document the contractor’s work complies with the contract documents and geotechnical design recommendations; (2) assess that the contractor’s means and methods are appropriate for site conditions; (3) assist in design modifications if geotechnical conditions differ from those anticipated; and (4) document the geotechnical aspects of construction. The Task 2 base scope includes:
• Observation of Retaining Wall and Soldier Pile Construction and Testing (assuming up to fortyfive (45) full days on site):
- Full-time geotechnical observation during pile drilling and installation. - Full-time observation during ground anchor installation and testing. - Intermittent observation during lagging installation. • General Earthwork and Pavement (assuming up to twenty-two (22) full days on site):
- Intermittent observation of earthwork, including excavation and backfill. - Subgrade approval for foundations and pavement.
- On-call compaction testing and approval of backfill placement and pavement subgrade preparation.
- Subgrade verification and compaction testing for full-depth reclamation of existing AC. • Laboratory Services:
- Laboratory compaction curves (proctor) of the fill materials (per ASTM D-1557). It is assumed that up to three (3) compaction curves will be performed.

The scope of services does not include concrete inspection, preparation of concrete test cylinders, or compression testing of cylinders. If additional laboratory compaction curves or other soil index testing for backfill, subgrade, or import material are required beyond what is included in the base scope, such

ITEM NO. 12.
services will be performed only upon receipt of written authorization and will be billed following the attached Standard Fee Schedule.

We will coordinate our site visits with the Construction Manager (CM) to minimize unproductive time onsite. The levels of effort assumed for geotechnical observation and testing are outlined above and reflected in the attached cost estimate spreadsheet. Any time required beyond the assumed effort, due to the Project schedule, contractor methods, or other factors, will be considered out of scope and provided on a time-and-expense basis in accordance with the attached Standard Fee Schedule.

Task 3 - Meetings, GEOR Letter, and Project Management
Our base scope for professional services under this task includes participation in project meetings, reporting, and overall construction-phase project management support. Specifically, we will:
• Attend pre-construction and weekly construction meetings on an as-needed basis (up to 16 onehour meetings with two team members). • Prepare a final Geotechnical Engineer of Record (GEOR) letter at the close of construction documenting field observations, testing results, and conformance with the geotechnical recommendations.
• Provide ongoing contract administration and management support for this scope of work throughout the Project.

The levels of effort assumed for this task are indicated on the attached cost estimate spreadsheet.

BASIC CHARGES & LIMITATIONS
Based on the scope of work and assumptions outlined in this proposal, together with the attached cost estimation spreadsheet, we initially estimated the cost of our geotechnical services to be approximately $137,587. However, in recognition of the Town of Los Gatos awarding Haley & Aldrich, Inc. both the Geotechnical Engineering and Construction Management contracts for the Shannon Road Repair Project, we are pleased to apply a 20% discount to our previously proposed fee for Geotechnical Engineering Services during construction.

Accordingly, our construction phase geotechnical engineering services will be provided on a time-andmaterials, not-to-exceed basis in accordance with our “Standard Terms and Conditions, 2020” and the attached “Standard Fee Schedule, 2025.” Our not-to-exceed (NTE) budget is $110,500.

An approximate breakdown by task is presented below. All other terms, scope items, and conditions of our original proposal remain unchanged, except as modified herein.

Scope Item Subtotals
Task 1 – Review and Comment on Contractor Questions, Submittals & RFIs $ 4,395 Task 2 – Onsite Geotechnical Observation and Testing During Construction $ 110,802 Task 3 - Meetings, GEOR letter, and Project Management $ 13,125 Reimbursable Expenses $ 9,265
TOTAL: $ 137,587
NTE Budget for Geotechnical Engineering Services
(20% Discount Applied for Award of Both CM and Geo Contracts) $ 110,500

ITEM NO. 12.

The fee estimates provided above and in the attached spreadsheet are based on assumed levels of effort, which we developed assuming a 90-day construction duration and our experience with similar projects. The actual level of effort required for onsite observation and testing will depend on factors beyond our control, including the contractor’s schedule and efficiency, unforeseen subsurface conditions, design changes, retesting due to nonconforming work, and the frequency or duration of project meetings.

Out-of-scope geotechnical services will be performed on a time-and-expense basis in accordance with the attached Standard Fee Schedule. If the construction schedule, contractor methods, or project needs require additional time beyond what has been budgeted, or if consultation or meeting participation exceeds the assumptions outlined in this proposal, we will notify you and request a budget adjustment.

We will not exceed the authorized budget without prior written approval.

Please note that the attached fee estimates are provided for budgeting purposes. Haley & Aldrich reserves the right to assign personnel based on technical requirements, staff availability, and project needs, which may differ from those shown in the fee estimate.

Benefits of Combined Geotechnical and Construction Management Services Haley & Aldrich is also submitting a separate proposal for Construction Management (CM) services for the Project. Should the Town select us for both the CM and Geotechnical scopes, significant added value can be realized through enhanced coordination, more efficient scheduling of field activities and meetings, and streamlined communication between teams. A key advantage of this integrated approach is our ability to assign the same qualified field personnel to perform both geotechnical observations/testing and the technical inspection requirements of the CM scope.

CLOSURE AND AUTHORIZATION
All services provided by Haley & Aldrich represent professional opinions and recommendations based on generally accepted geotechnical engineering principles and practices. This warranty is exclusive and made in lieu of any other warranties, expressed or implied.

This proposal is valid for a period of 60 days from the date of this letter. Suppose acceptance and authorization to proceed are not received within that period. In that case, we reserve the right to renegotiate the estimated costs, schedule for completion, personnel commitments, and overall scope of services. We reserve the right to renegotiate fees for on-site monitoring services as well as those indicated on the “Fee Schedule” for services performed after January 1st, 2026.

We appreciate the opportunity to submit this proposal and look forward to continuing to work with you on this Project. If the scope and fee estimate outlined herein are acceptable, please sign and return a copy of this proposal. Should you have any questions or require further information, please contact us directly.

ITEM NO. 12.

Sincerely yours,
HALEY & ALDRICH, INC.

Sarah Khosravani
Technical Expert
Chris Hockett
Technical Expert
Attachments:

Standard Terms and Conditions, 2020
Standard Fee Schedule 2025
This proposal, and the attached "Standard Terms and
Conditions, 2020" and "Standard Fee Schedule,
2025", are understood and accepted:

TOWN OF LOS GATOS
By
(authorized signature)
By
(print or type name)
Title
Date

ITEM NO. 12.

Fee Proposal For
Geotechnical Engineering Services During Construction
Shannon Road Repair Project
Town of Los Gatos
Technical Expert
Project Manager
Sr. Technical Specialist
Staff Professional 2
Project Controls
Subtotal
Hours
Subtotal
Cost
Field Vehicle
Nuclear Density Gauge
Compaction Curve Testing
Direct
Cost
Total
Cost
$265 $225 $225 $177 $147 $95/day $100/day
TASK 1 – Review and Comment on Contractor Questions, Submittals & RFIsUp to 8 geotechnical-related questions (bidding phase) 1 4 5 $ 1,165 $ - $ 1,165 Up to 6 geotechnical-related submittals (construction phase) 1 6 7 $ 1,615 $ - $ 1,615 Up to 4 geotechnical-related RFIs (construction phase) 1 6 7 $ 1,615 $ - $ 1,615 Task 2 – Onsite Geotechnical Observation and Testing During ConstructionFull-time observation of Soldier Pile and Tieback installation and testing (45 days) 450 450 $ 79,650 $ 4,275 $ 4,275 $ 83,925 Intermittent observation of earthwork, excavation, and backfill compaction (20 days) 160 160 $ 28,320 $ 1,900 $ 2,000 $ 3,900 $ 32,220 Subgrade approval for foundations and pavement (2 days) 16 16 $ 2,832 $ 190 $ 190 $ 3,022 Laboratory compaction testing of fill materials (up to 3) $ - $ 900 $ 900 $ 900 Task 3 - Meetings, GEOR letter, and Project ManagementMeetings 16 16 32 $ 7,072 $ - $ 7,072 Project Management 6 3 9 $ 1,791 $ - $ 1,791 GEOR Letter 2 4 16 22 $ 4,262 $ - $ 4,262 Subtotal Hours 21 6 20 658 3 - - - - - - -
Subtotal Cost $ 5,565 $ 1,350 $ 4,500 $ 116,466 $ 441 - $ 128,322 $ 6,365 $ 2,000 $ 900 $ 9,265 $ 137,587 $ 110,070

DESCRIPTION

STAFFING ODC'S
Not-to-Exceed Budget for Geotechnical Engineering Services (20% Discount Applied for Award of Both CM and Geo Contracts) 6/3/2025 Page 260
ITEM NO. 12.

Standard Fee Schedule
2025 RS2

FEES FOR SERVICES
Fees for services will be based on the time worked on the project by staff personnel plus reimbursable expenses. The fee will be computed as follows.

1. Labor related fees will be computed based on personnel billing rates in effect at the time the services are performed. Personnel billing rates are subject to revision on, or about, 1 January and 1 July of each year. The hourly rates are fully inclusive of fringe benefits, burden, and fee. Current rates are provided in the table below.

Classification Hourly Rate
Project Support $122
Technician $125
Project Technician $135
Senior Technician $145
Project Controls $147
Staff Professional 1 $158
Staff Professional 2 $177
Project Professional $197
Technical Specialist $205
Project Manager / Senior Technical Specialist $225
Senior Project Manager / Technical Expert $265
Program Manager / Senior Technical Expert $339
Principal $360
Senior Principal $395

2. Pre-trial conferences, depositions, and expert testimony will be billed at one and one-half (1.5) times the rates quoted above.

3. Second and Third Shift, Weekend, and Holiday hours will be billed at $40/hour premium. Second and Third Shifts are those starting between 4 PM and 4 AM.

4. Field visits will be billed at 4-hour minimum; night shifts will be billed at 8-hour minimum. Cancellation of scheduled night shift within 24 hours will be charged the full 8 hours.

5. Direct non-salary expenses will be billed at our cost plus fifteen (15) percent, except for employee vehicle use which will be billed at IRS allowed mileage rates.

6. General project-related expenses such as mobile phone expenses (including mobile app fees); in-house reproduction; printing costs for reports, drawings, and other project records; mail and overnight document delivery; and long-term electronic and paper document storage will be billed as a general communication fee at a rate of four (4) percent of the labor charges.

7. Subcontractors will be billed at our cost plus fifteen (15) percent.

8. Equipment and laboratory testing will be billed at rates listed in the attached Equipment and Laboratory Rate Schedules, as applicable.

ITEM NO. 12.

Equipment Rate Schedule
2025 RS2

EQUIPMENT RATE SCHEDULE
AIR MONITORING EQUIPMENT Daily Weekly Monthly
Drager/Rae Sampling Kit (tubes not included) $10 $40 $120 Dust Monitor $100 $400 $1,200
Four-Gas Meter $43 $172 $516
Photoionization Detector - 10.6 or 11.7 eV $70 $280 $840 FIELD TESTING Daily Weekly Monthly
Double Ring Infiltrometer $250 --- ---
Field Supplies $28 $112 $448
Guelph Permeameter $150 --- ---
Inclinometer Readings $250 --- ---
Sand Cone Field Density Kit $75 $225 $725
pH Meter $15 $60 $180
Pile Load Testing (per test) $1,500 --- ---
Plate Load Tester (per day) $50 --- ---
Pit Box Test (per day) $400 --- ---
Slug Test Kit (per day) $350 --- ---
Wood Pile Load Testing (per test) $250 --- ---
SAMPLING EQUIPMENT Daily Weekly Monthly
Groundwater Sampling Bundle with Bladder Pump $315 $1,000 $3,000 Groundwater Sampling Bundle with Peristaltic Pump $250 $750 $2,100 Groundwater Sampling Bundle with Grundfos Pump $350 $1,100 $3,100 Rotohammer Drill $100 $400 ---
Soil Sampling or Tank Pull Equipment Bundle $150 $350 $1,050 Soil Vapor Sampling Bundle $400 $1,400 $2,600
Turbidity Meter $20 $80 $240
YSI Meter with Flow Cell $100 $400 $1,200
WATER LEVEL METERS AND INTERFACE PROBES Daily Weekly Monthly Barologger $10 $40 $120
Levelogger $25 $100 $300
Oil/Water Interface Probe $50 $200 $600
Water Level Indicator $20 $80 $240
GEOTECHNICAL INSTRUMENTATION Daily Weekly Monthly
Cone Penetrometer $15 $60 $180
Crack Monitors - Electronic Datalogger --- $120 $360
Dynamic Cone Penetrometer $150 --- ---
Electronic Readout Box $25 $100 $300
Geokon LC-2 Single Channel Logger --- $80 $240
Geokon - CR 800 Vibrating Wire Datalogger with Modem --- $100 $300 Geokon GK 401 Vibrating Wire Readout Box $50 $100 $300
In-Place Inclinometer Rental --- --- $1,250
Modem --- --- $250
Nuclear Density Gauge $100 $300 $900

ITEM NO. 12.

Equipment Rate Schedule
2025 RS2

EQUIPMENT RATE SCHEDULE (continued)
GEOTECHNICAL INSTRUMENTATION (continued) Daily Weekly Monthly Power System - Battery $5 $20 $60
Power System - Solar $15 $60 $180
Seismograph - Manual $75 $225 $725
Seismograph - Remote Units $100 $275 $825
Tiltmeter --- $150 $450
Vibration and Sound Monitoring Station $125 $325 $925
VDV Web Service --- --- $200
UAS DATA ACQUISITION & PROCESSING Daily Weekly Monthly
UAS Digital Imagery Equipment --- $200 $800
UAS Digital Imagery w/Ground Control Package
(UAS + GNSS) --- $300 $1,200
UAS Hyperspectral Equipment --- $300 $1,200
UAS Hyperspectral w/Ground Control Package
(UAS w/HS + GNSS) --- $400 $1,600
LiDAR SCANNING & PROCESSING Daily Weekly Monthly
LiDAR Scanning Equipment (Terrestrial & Aerial) $400 $1,600 --- LiDAR Equipment w/Ground Control Package
(LiDAR + GNSS) $500 $2,000 ---
MISCELLANEOUS Daily Weekly Monthly
Camera - Digital $10
Decontamination Kit (each) $50 --- ---
Field Truck (including fuel) $95 $380 $1,140
Generator $50 $200 $600
GeoTech Sample Jars 16 oz. (per box) $10 --- ---
GPS Unit $150 $600 $1,800
Harness with Restraint Lanyard $40 $160 $480
Motorola CP200d Radio (pair) --- $35 $140
Personal Protective Equipment - Level C (per person) $45 --- --- R/V Catalyst - 26 Ft Sampling Vessel $600 --- ---
Research Nets $60 --- ---
Sampling Tubing (roll) $20 --- ---
Saximeter II $35 $140 $420
Sound Level Meter $50 $200 $600
Tool Trailer $300 --- ---

ITEM NO. 12.

Laboratory Rate Schedule
2025 RS2

LABORATORY RATE SCHEDULE
SOIL CLASSIFICATION AND INDEX TESTS Unit Price
Atterberg Limits - 1 Point $125
Atterberg Limits - 3 Point $180
Grain Size - Hydrometer and Sieve Analysis $300
Grain Size - 200 Wash $100
Grain Size- Sieve Analysis (Standard Sample) $125
Grain Size - Sieve Analysis (Bulk Sample) $150
Grain Size - Hydrometer $175
Water Content $25
Organic Content $75
Specific Gravity $125
Visual Classification $15
SOIL MOISTURE-DENSITY TESTS Unit Price
Bulk Density $100
California Bearing Ratio (CBR) $650
Proctor - 1 Point $120
Proctor - 4 Point $250
Proctor - 4 Point (Cohesive Soil) $300
SOIL CONSOLIDATION AND STRENGTH TESTS Unit Price
Consolidation - Constant Rate of Strain (CRS) $650
Consolidation - Incremental $500
Unconfined Compression $100
Direct Simple Shear (DSS) $300
Cyclic Direct Simple Shear (CDSS) $650
Triaxial Compression - Isotropic Consolidation $500
Triaxial Compression - Ko/anisotropic Consolidation $800 Triaxial Compression - Unconsolidated $300
SURCHARGE RATES Unit Price
Atterberg Limits Dry Prep $15
Atterberg Limits Organic Classification $40
Sample Preparation $120
Triaxial High Pressure (over 100 psi) $100
Tube Cut (per cut) $25
Tube Extrusion $100
Additional H&A Laboratory analyses, pricing, and rush rates available upon request.

ITEM NO. 12.

Standard Terms and Conditions 2020
2020 Page 1 of 4

1. INTRODUCTION. These Standard Terms and Conditions, together with the accompanying proposal and any attachments thereto (“Proposal”), constitute the Agreement between Haley & Aldrich, Inc., including its affiliates and subsidiaries (“Haley & Aldrich”), and the entity or person to whom the proposal is addressed ("Client") for the project at the project site (“Site”) as may be referenced in the Proposal. Both parties agree that no third-party beneficiaries are intended by this Agreement, which is defined to include these Terms and Conditions and Haley & Aldrich’s Proposal.

2. HEADINGS. The headings used in these terms and conditions are inserted for the convenience of the parties and shall not define, limit, or describe the scope or the intent of the provisions set forth herein.

3. PERFORMANCE OF SERVICES. Client agrees that Haley & Aldrich has been engaged to provide professional services only, and that Haley & Aldrich does not owe a fiduciary responsibility to Client. Haley & Aldrich's services will be performed in accordance with generally accepted practices of engineers and/or scientists providing similar services at the same time, in the same locale, and under like circumstances (“Standard of Care”). No warranty, expressed or implied, is included or intended by this Agreement.

4. CLIENT RESPONSIBILITIES. Except as otherwise agreed, Client will secure the approvals, Site access, permits, licenses, and consents necessary for performance of Haley & Aldrich’s services under this Agreement. Client shall provide Haley & Aldrich with a plan delineating the boundaries of the Site and all documents, reports, surveys, plans, drawings, information concerning known or suspected Site conditions, above and below ground, information related to hazardous materials or other environmental or geotechnical conditions at the Site, utility information and other information that is reasonably foreseeable to be pertinent to Haley & Aldrich’s services under this Agreement. If Client is not the owner of the Site, Client will make all reasonable attempts to obtain these same documents and provide them to Haley & Aldrich. Unless otherwise agreed to in writing by Haley & Aldrich, Haley & Aldrich shall be entitled to rely on documents and information Client provides.

5. PAYMENT. Invoices will generally be submitted monthly. Payment will be due within thirty (30) days of invoice date.

Interest will be added to accounts in arrears at the rate of one and one-half (1.5) percent per month on the outstanding balance. In the event Haley & Aldrich must engage counsel to enforce overdue payments, Client will reimburse Haley & Aldrich for all attorney's fees and court costs.

6. INSURANCE. Haley & Aldrich will maintain: workers’ compensation insurance as required under the laws of the state in which the services will be performed; commercial general liability insurance with a combined single limit of $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, including death and property damage; automobile liability insurance with a combined single limit of $1,000,000 per occurrence; professional liability insurance in the amount of $1,000,000 per claim and in the aggregate; and contractor’s pollution liability insurance in the amount of $1,000,000 per occurrence and in the aggregate.

7. OWNERSHIP OF DOCUMENTS AND AUTHORIZED USE. All documents and all processes created, prepared, or furnished under this Agreement by Haley & Aldrich are its instruments of service and all ownership and copyright rights of the same shall remain with Haley & Aldrich. Haley & Aldrich’s instruments of service are prepared solely for Client and made available to Client only for the purpose set forth in the Proposal. Client may make and retain copies of Haley & Aldrich’s instruments of service, opinions, or reports or otherwise related documents (“Instruments of Services”) for the project at the Site. Any (1) reuse or modification of Haley & Aldrich’s Instruments of Services without written verification or adaption by Haley & Aldrich for the specific purpose intended and/or (2) unauthorized use of, or reliance upon, Haley & Aldrich’s Instruments of Services by any other party, or for any other project or purpose, except and unless Haley & Aldrich provides prior written authorization, shall be at Client’s and/or any third party’s sole risk and without any liability or legal exposure to Haley & Aldrich. Client shall indemnify, defend, and hold harmless Haley & Aldrich from all claims, damages, losses, and expenses, including attorney's fees, arising out of or resulting therefrom. Client agrees that any such verification or adaptation of Haley & Aldrich’s documents and processes shall entitle Haley & Aldrich to just and proper compensation.

8. CONFIDENTIALITY. Haley & Aldrich will hold confidential all business and technical information obtained or generated in performing of services under this Agreement. Haley & Aldrich will not disclose such information without Client's consent except to the extent required for: (1) performance of services under this Agreement; (2) compliance with professional standards of conduct for preservation of the public safety, health, and welfare; (3) compliance with any court order, statute, law, or governmental directive; and/or (4) protection of Haley & Aldrich against claims or liabilities arising from the performance of services under this Agreement. Haley & Aldrich's obligations hereunder shall not apply to information in the public domain or lawfully obtained on a non-confidential basis from others.

ITEM NO. 12.

Standard Terms and Conditions 2020
2020 Page 2 of 4

9. SUSPENSION OF WORK AND TERMINATION. Client may, at any time, suspend further work by Haley & Aldrich or terminate this Agreement. Suspension or termination shall be by written notice effective three (3) business days after receipt by Haley & Aldrich. Client agrees to compensate Haley & Aldrich for all services performed and commitments made prior to the effective date of the suspension or termination, together with reimbursable expenses including those of subcontractors, subconsultants, and vendors. Client acknowledges that its failure to pay all invoices on time and in full, including accrued interest, may result in a suspension of services by Haley & Aldrich. In the event of a suspension of services due to Client’s failure to pay all invoices on time and in full, Haley & Aldrich shall have no liability to Client for delay or damage to Client or others because of such suspension of services.

10. FORCE MAJEURE. Except for Client’s obligation to pay for services rendered, no liability will attach to either party from delay in performance or nonperformance caused by circumstances or events beyond the reasonable control of the party affected, including, but not limited to, acts of God, fire, flood, unanticipated Site or subsurface conditions, pandemics, explosion, war, terrorism, request or intervention of a governmental authority (foreign or domestic), court order (whether at law or in equity), labor relations, accidents, delays or inability to obtain materials, equipment, fuel ortransportation.

11. SUBSURFACE RISKS. Client shall disclose to Haley & Aldrich any known or suspected subsurface conditions, below ground structures, and information related to hazardous materials or other environmental or geotechnical conditions at the Site.

Client recognizes that inherent risks occur in the exploration and evaluation of subsurface conditions. Even with the information the Client provides to Haley & Aldrich and a comprehensive sampling, testing and exploration program performed in accordance with the Standard of Care, certain underlying conditions and/or structures may not be identified, and Client agrees to accept this level of risk. Client agrees to indemnify and hold Haley & Aldrich, and each of their subcontractors, consultants, officers, directors, and employees (Haley & Aldrich) harmless against any and all claims, losses, liabilities or damages, direct or consequential, related to interference with subterranean structures, or other such subsurface conditions, substances, or features that are not called to Haley & Aldrich’s attention in writing, shown on documents provided by Client, or could not be reasonably detected by exercising the Standard of Care.

12. HAZARDS AND HAZARDOUS MATERIALS.

12.1 Disclosure of Hazards (Right to Know). Haley & Aldrich will take reasonable precautions for the health and safety of Haley & Aldrich's employees while at the Site. Client will obtain from Site owner, and others as applicable, and furnish to Haley & Aldrich, prior to Haley & Aldrich beginning services under this Agreement, all available information concerning Site conditions, including, but not limited to: subsurface conditions, oil, hazardous material, toxic mold and biological conditions, radioactive or asbestos material in, on or near the Site. If such a material or condition is discovered that had not been disclosed to Haley & Aldrich, then, upon notification, Client and Haley & Aldrich shall seek an equitable adjustment to be made to this Agreement. By authorizing Haley & Aldrich to proceed with the services, Client confirms that Haley & Aldrich has not created nor contributed to the presence of any hazardous substances at or near the Site. Client agrees to assume all liability and shall indemnify, defend and hold Haley & Aldrich harmless from any claims, losses, liabilities or damages arising out of (1) personal injury or death resulting from such hazardous material or condition and/or (2) a release of hazardous substances except to the extent the release was caused by Haley & Aldrich’s gross negligence or willful misconduct in the performance of the services.

12.2 Hazardous Materials. Before any hazardous or contaminated materials are removed from the Site, Client shall sign manifests naming Client as the Generator of the waste (or, if Client is not the Generator, Client will arrange for the Generator to sign the manifest). Client shall select the treatment or disposal facility to which any waste is taken. Haley & Aldrich shall not be the Generator, Owner, Arranger, Operator, nor will it possess, take title to, or assume any legal liability for any hazardous or contaminated materials at or removed from the Site. Haley & Aldrich shall not have responsibility for or control of the Site or of operations or activities at the Site other than its own. Haley & Aldrich shall not undertake, arrange for or control the handling, treatment, storage, disposal, removal, shipment, transportation or disposal of any hazardous or contaminated materials at or removed from the Site, other than laboratory samples it collects or tests (which shall be returned to Client for disposal). Client agrees to defend, indemnify and hold harmless Haley & Aldrich for any costs or liability incurred by Haley & Aldrich in defense of or in payment for any legal actions in which it is alleged that Haley & Aldrich is the Owner, Operator, Generator, Arranger, Treater, Storer or Disposer of hazardous waste. Capitalized terms used herein shall have the meanings assigned to them in RCRA and CERCLA.

13. DIFFERING SITE CONDITIONS. If, during the course of performance of this Agreement, conditions or circumstances are discovered, which were not contemplated or anticipated by Haley & Aldrich, or otherwise provided to Haley & Aldrich by the Client, at the commencement of this Agreement or which differ materially from those indicated in Haley & Aldrich’s Proposal, Haley & Aldrich may notify Client in writing of the newly discovered conditions or circumstances, and Client and

ITEM NO. 12.

Standard Terms and Conditions 2020
2020 Page 3 of 4
Haley & Aldrich shall renegotiate, in good faith, the scope of work and terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, Haley & Aldrich may terminate this Agreement.

14. SAMPLES. Samples of soil, rock, water, waste, or other materials collected from the Site may be disposed of sixty (60) days from sampling date unless Client advises otherwise in writing or unless applicable law requires their retention. Haley & Aldrich will dispose of such samples with a qualified waste disposal contractor. Client shall pay all costs associated with the storage, transport, and disposal of samples, and agrees to indemnify, defend and hold Haley & Aldrich harmless for any liability arising therefrom. If samples must be stored by Haley & Aldrich for longer than sixty (60) days from sampling date, Client shall pay all associated storage costs. Client recognizes and agrees that Haley & Aldrich is a bailee and assumes neither title to said waste or samples nor any responsibility as generator of said waste or samples.

15. ENGINEERING/CONSULTING SERVICES DURING CONSTRUCTION. Haley & Aldrich shall not, during construction Site visits, shop drawing review, or as a result of observations of construction work, supervise, direct, or have control over any contractors’ means, methods, work sequences or procedures of construction selected by contractors. Haley & Aldrich shall not be liable for any of contractors’ work, safety precautions or programs incident to contractors’ work. Haley & Aldrich shall not have any liability whatsoever for any failure of contractors to comply with any laws, rules, regulations, ordinances, codes or orders. Haley & Aldrich neither guarantees nor warrants the performance of any contractors’ work and does not assume responsibility for any contractors’ failure to furnish any labor, materials, equipment or related work in accordance with any agreement or contract documents.

16. ADDITIONAL SERVICES. Haley & Aldrich's compensation hereunder shall be subject to adjustment to recognize any increase in costs due to additional services requested or authorized by Client. Such additional services shall include, but not be limited to, additions in the manner or method of Haley & Aldrich's performance of Services or due to changes in schedule or circumstances not solely caused by or under the control of Haley & Aldrich. These additional services shall be verified in writing by the parties and performed on the basis of mutually agreed rates, or other such basis agreed to by the parties.

17. WAIVER OF CONSEQUENTIAL DAMAGES. Neither party, nor their parent, affiliated or subsidiary companies, nor the officers, directors, agents, employees, or contractors of any of the foregoing, shall be liable to the other in any action or claim for incidental, indirect, special, collateral, punitive, exemplary or consequential damages arising out of or related to the services, whether the action in which recovery of damages is sought is based upon contract, tort (including, to the greatest extent permitted by law, the sole, concurrent or other negligence, whether active or passive, and strict liability of any protected individual or entity), statute or otherwise.

18. WAIVER OF PERSONAL LIABILITY. No officer, director, or employee of Haley & Aldrich shall bear any personal liability to Client for any injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in any way related to this Agreement or the performance of services hereunder.

19. LIMITATION OF REMEDIES. To the fullest extent permitted by law, the total aggregate liability of Haley & Aldrich, its officers, directors, and employees to Client, and anyone claiming by, through, or under Client, including all authorized Relying Parties, as applicable, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to Haley & Aldrich's services, from any cause or causes whatsoever, including, but not limited to, negligence, errors, omissions, strict liability or contract, shall be limited to an aggregate amount of $50,000 or Haley & Aldrich's fee, whichever is greater.

If Client prefers not to limit Haley & Aldrich’s liability to this sum, Haley & Aldrich may increase this limitation upon Client’s written request, provided that Client agrees to pay an additional fee agreed to by the parties. The additional fee is for the additional risk assumed by Haley & Aldrich and is not a charge for additional liability insurance.

20. DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement or the breach thereof, the parties will attempt in good faith to resolve the dispute through negotiation. Except for payment matters, if a dispute is not resolved by these negotiations, the matter will be submitted to non-binding mediation with a mutually agreed upon mediator. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. Except for payment matters or to preserve mechanics’ lien rights, neither party will commence a civil action until after the completion of an initial mediation session.

21. LEGAL ACTION. All legal actions by either party against the other for any cause or causes, including, but not limited to, breach of this Agreement, negligence, misrepresentations, breach of warranty or failure to perform in accordance with the

ITEM NO. 12.

Standard Terms and Conditions 2020
2020 Page 4 of 4
Standard of Care, however denominated, shall be barred two (2) years from the day after completion of Haley & Aldrich's Services. Client agrees to compensate Haley & Aldrich for services performed in response to any legal action, subpoena, or court order arising out of or related to Haley & Aldrich’s services under this Agreement at Haley & Aldrich’s Standard Fee Schedule then in effect.

22. TAXES. Unless otherwise provided for in the scope of services, Haley & Aldrich’s fee is exclusive of sales, use, or similar tax imposed by taxing jurisdictions on the amount of fees or services. Should such taxes be imposed, Haley & Aldrich will collect and remit any applicable sales taxes. Client’s documentation of exemption from sales or use taxes, if any, must be provided to Haley & Aldrich prior to services being performed.

23. SEVERABILITY. If any of these Terms and Conditions are finally determined to be invalid or unenforceable in whole or part, the remaining provisions shall remain in full force and effect and be binding upon the parties. The parties agree to reform these Terms and Conditions to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision.

24. SURVIVAL. All Terms and Conditions contained herein shall survive the completion of Haley & Aldrich's services on this project or the termination of services for any cause.

25. GOVERNING LAW AND JURISDICTION. This Agreement shall be solely governed, and construed and enforced, in accordance with the laws of the State or Commonwealth where the services are performed, without regard to its conflict of laws rules.

Client agrees to submit and consent to the jurisdiction of the courts in that State or Commonwealth in any action brought to enforce (or otherwise arising from or relating to) this Agreement.

26. ASSIGNMENT. This Agreement shall not be assigned by either party without the express written consent of the other.

27. PRECEDENCE. These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, right of entry, or like document.

28. ENTIRE AGREEMENT. Client and Haley & Aldrich agree that all provisions of these Terms and Conditions were mutually negotiated and agreed upon, and that this Agreement represents the entire Agreement between the parties. No modification or alteration of any provision of this Agreement shall be binding upon either Client or Haley & Aldrich, unless such modification or alteration is mutually agreed to, is in writing, and is signed by the party against whom such modification or alteration is sought to be enforced.

END OF TERMS AND CONDITIONS

ITEM NO. 12.

AGREEMENT FOR CONSULTANT SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on 17th day of June 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Inspection Services, Inc., (“Consultant”), identified as an S Corporation and whose address is 1798 University Ave., Berkeley, CA 94703. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to engage Consultant to provide materials testing services for the Shannon Road Repair Project (CIP No. 811-0008)

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 29, 2025, 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 through December 31, 2026. 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

Agreement for Consultant Services
Inspection Services, Inc. ATTACHMENT 6 Page 269
ITEM NO. 12.

Agreement for Consultant Services
Inspection Services, Inc.
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 $74,122.40, inclusive of all costs. Payment shall be based upon Town approval of each task and fees for each task shall not be exceeded without written authorization from the Town.

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 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

ITEM NO. 12.

Agreement for Consultant Services
Inspection Services, Inc.
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 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

ITEM NO. 12.

Agreement for Consultant Services
Inspection Services, Inc.
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. 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

ITEM NO. 12.

Agreement for Consultant Services
Inspection Services, Inc.
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
Inspection Services, Inc.
1798 University Ave.

Berkeley, CA 94703

ITEM NO. 12.

Agreement for Consultant Services
Inspection Services, Inc.
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. 12.

Agreement for Consultant Services
Inspection Services, Inc.

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

Town of Los Gatos by:

________________________________________
Chris Constantin, Town Manager
Inspection Services, Inc. by:

________________________________________
Leslie Sakai, President

Recommended by:

________________________________________
Nicolle Burnham,
Director of Parks and Public Works

Approved as to Form:

________________________________________
Gabrielle Whelan, Town Attorney

Attest:

________________________________________
Wendy Wood, CMC, Town Clerk

ITEM NO. 12.

INSPECTION SERVICES, INC. ■ Berkeley and Torrance ■ www.inspectionservices.net ■ Mailing Address: 1798 University Ave., Berkeley, CA 94703-1514 ■ Phone: 510-900-2100 ■ Fax: 510-900-2101 May 29th, 2025
Saurabh Nijhawan, P.E.

Senior Civil Engineer
Parks & Public Works
41 Miles Avenue,
Los Gatos CA 95030
[email protected]
Letter of Interest: Materials Testing Services - Shannon Road Repair Project CIP 20-811-0008 Dear Saurabh,
Thank you for providing Inspection Services, Inc. (ISI) with the opportunity to submit our proposal to provide special inspection and materials testing services for this roadway repair project at Shannon Road. We acknowledge the requested testing scopes and are committed to helping ensure that our services exceed your expectations.

The ISI team has a significant amount of valuable prior experience with providing similar services to cities and counties throughout the Bay Area. ISI Project Manager Antoine Megevand and our inspectors will collaborate closely with you, your design team, and your general contractor to ensure the project is delivered with Quality at the forefront of their priorities.

In addition to Antoine Megevand being your primary point of contact for contract and technical matters, our dispatchers Joel Mowdy and Jackie Salazar will be ready to receive your inspection requests at (510) 900-2100 or [email protected].

We have a bench of over 30 multi-certified special inspectors to carry out your project’s field tests. While we like to prioritize staff continuity and familiarity with projects whenever possible, we are also known for our flexibility when last-minute inspection requests arise.

Thank you for considering ISI! We look forward to the possibility of working with you soon.

Sincerely,
Leslie Sakai Antoine Megevand, P.E.

President Project Manager
ISI Inspection Services, Inc. ISI Inspection Services, Inc. 1798 University Ave., Berkeley, CA 94703 1798 University Ave., Berkeley, CA 94703 [email protected] [email protected] T: (510) 900-2100 D: (510) 809-2610; C: (310) 592-8987

EXHIBIT A

ITEM NO. 12.

I. FIELD AND LABORATORY SERVICES Amount
A. Concrete

1. 2301 Concrete Field Testing and Sampling (half-day visits assumed) 45 visits 180 hrs $119.00 /hr $21,420.00

2. 3101 Concrete Compression Testing (sets of 4 cylinders) 45 sets 180 ea $65.00 /ea $11,700.00 Sample transportation is included in testing fee above
B. Soils/Asphalt

1. 2801 Field Testing of FDR (w/nuclear gauge, portal-to-portal) 4 days 32 hrs $123.00 /hr $3,936.00

2. 2701 Field Compaction Testing (w/nuclear gauge, portal-to-portal) 20 days 160 hrs $123.00 /hr $19,680.00 Earth fill, Aggregate Base, Hot Mix Asphalt

3. 3451 Fill Acceptance Testing (Sieve & PI/EI) 2 ea $205.00 /ea $410.00

4. 3462 Laboratory Compaction Curves (ASTM D1557) 5 ea $370.00 /ea $1,850.00

5. 3622 Lab Test Maximum Density (LTMD for HMA) 4 ea $505.00 /ea $2,020.00

6. 3478 Compressive Strength Cement-Treated FDR (set of 3) 4 sets 12 ea $155.00 /ea $1,860.00 C. Project Management/Miscellaneous

1. 1221 Project Manager 20 hrs $175.00 /hr $3,500.00

2. 1305 Mileage (roundtrip, for portal-to-portal inspections) 60 mi/trip 24 trip(s) $0.700 /mi $1,008.00

9. T&I Budget Estimate: $67,384.00
10 % Administrative Fee: $6,738.40
Total Budget Estimate: $74,122.40
Exclusions:

1. Geotechnical Engineering
II. PROPOSAL CLARIFICATIONS
Estimated Quantities:

Reinspections:

Town of Los Gatos, CA. 95032
Shannon Road Repair Project CIP 20-811-0008

SPECIAL INSPECTION AND MATERIAL TESTING SERVICES
Shannon Road btw Santa Rosa Drive & Diduca Way

BUDGET ESTIMATE TO PROVIDE
● Cost Proposal request "Materials Testing Services - Shannon Road Repair Project CIP 20-811-0008", dated 5-15-2025 Once a detailed construction schedule is available, we can review our proposal to incorporate any necessary changes. If contractor's work is performed more quickly than scheduled, Client will receive a cost savings for testing & inspections. If, however, contractor's schedule is extended or delayed, Client may receive a resulting increase in the costs for testing & inspections.

Quantity Rate
Our estimated quantities and scope of services are based upon review of the bidding documents available at the time of our estimate, which includes the following:

Reinspections and weather-related setbacks are not included in our estimated hours. These conditions may result in additional costs.

Client hereby acknowledges that even with diligent special inspections and/or testing by ISI, construction defects, deficiencies, and/or omissions in the contractor's work may arise. Client understands and hereby agrees that the contractor is solely responsible for its means and methods, the quality and completeness of the construction work and for adhering to the applicable construction plans and specifications.

ISI Proposal (ESTIMATE), P2025-1150AMM
2024A-5/29/2025
1798 University Avenue, Berkeley, CA 94703-1514
T: 510.900.2100 F: 510.900.2101 Page 1 of 6

ITEM NO. 12.

Town of Los Gatos, CA. 95032
Shannon Road Repair Project CIP 20-811-0008

SPECIAL INSPECTION AND MATERIAL TESTING SERVICES
Shannon Road btw Santa Rosa Drive & Diduca Way

BUDGET ESTIMATE TO PROVIDE
Time and Materials Charges:

III. BASIS OF CHARGES
A. Minimum Hourly Charges:
9003 Show-up/Cancellation 2 hours
9003NS Show-up/Cancellation (Night Shift) 8 hours
Inspector/Technician services (0 - 4 hours) 4 hours
Inspector/Technician services (4 - 8 hours) 8 hours
B. Rate for Field Inspectors:

Basic Rate $ 119.00/hr
Basic Rate w/ Testing Equipment $ 123.00/hr
Overtime (over 8 hrs Monday-Friday; first 8 hrs on Saturdays) 1.5 x Basic Rate Double-time (over 12 hrs Mon-Fri; over 8 hrs on Sat; Sundays & Holidays) 2 x Basic Rate Work performed on “RUSH” schedule 1.5 x Basic Rate
Night Shift Differential (shifts starting after 2pm/before 4am) 1.125 x Basic Rate C. Expenses:
1307 Travel Time, if required $ 90.00/hr
1305 Auto Mileage, if required $ 0.70/mile
1306 Per Diem (Or cost if greater than $125.00/day) $ 157.00/day 1308 Miscellaneous Expenses (Parking/Tolls/Airfare) At Cost 1314 Outside Services Cost + 10%
* Technical personnel are members of the Operating Engineers (AFL-CIO) Local No. 3 and the above charges are a part of our contractual commitment. Rates are subject to an annual COLA increase of 4% adjustment on July 1st of each year to cover any increase in ISI's cost due to changes in wages, benefits, working conditions and other provisions of the Union Labor Agreement and Prevailing Wage requirements.

Inspection services are charged portal to portal from dispatch location and are subject to mileage and travel. For assignments that require equipment such as nuclear gauges, hydraulic systems for proof-load testing, high-strength torque wrench etc., billing time will include picking up and dropping off the equipment at ISI's laboratory as well as round trip travel.

This bid proposal is an estimate to perform services. Prices quoted are valid through June 30, 2026. Actual charges are based solely upon time spent on the job site and the required and/or requested testing and laboratory services. Invoices will be submitted on a monthly basis in accordance with this proposal. All invoices include a summary of work performed to date, budget balance remaining, and a 10% administrative fee.

ISI will only provide special inspection and material testing services if client acknowledges that this fee proposal is merely an estimate of future code-required services. If client or client’s representative (including contractor) keeps requesting ISI’s services even beyond our approved budget, client accepts financial responsibility to pay for any and all services provided by ISI. In addition, Client recognizes that on occasion, due to the schedule of the contractor or relevant subcontractors, occasional overtime may be required.

ISI will typically have no notice of this until the day the overtime occurs. Client agrees to compensate ISI for such overtime.

ISI Proposal (ESTIMATE), P2025-1150AMM
2024A-5/29/2025
1798 University Avenue, Berkeley, CA 94703-1514
T: 510.900.2100 F: 510.900.2101 Page 2 of 6

ITEM NO. 12.

CORPORATE HEADQUARTERS TORRANCE
1798 University Avenue 1455 Crenshaw Blvd, Ste 105
Berkeley, CA 94703-1514 Torrance, CA 90501
T: 510.900.2100 T: 310.755.3600
F: 510.900.2101 F: 310.328.8193
Town of Los Gatos, CA. 95032
Shannon Road btw Santa Rosa Drive & Diduca Way
Shannon Road Repair Project CIP 20-811-0008

SCHEDULE OF FEES AND SERVICES
n Services will be performed on a time and materials basis at the unit rates listed. See attached Basis of Charges. n Prices are valid through June 30, 2026.

Personnel hourly rates and material testing rates for general and special services are contained in the following pages. n A 10% Administrative Fee will be added to each invoice total. Invoices requiring certified payroll uploads, or other special handling and/or backup documentation will incur an additional 3% fee added to invoice total.

ISI Fee Schedule
2024A-5/29/2025
1798 University Avenue, Berkeley, CA 94703-1514
T: 510.900.2100 F:510.900.2101 Page 3 of 6

ITEM NO. 12.

PROFESSIONAL SERVICES
1109 Expert Witness………………………………………………………. 315.00 /Hr Masonry Division 1101 Principal………….………………………………………………….230.00 /Hr 2501 Masonry Block/Reinforcing/Grout Inspection………………….119.00 /Hr 1108 Geotechnical Engineer………………………………………………212.00 /Hr 2506 Brick Veneer/Exterior Façade Inspection………………………. 119.00 /Hr 1102 Professional Engineer…………………………………………………….. 196.00 /Hr 2504 Brick Veneer Façade Testing…………………………………….. 175.00 /Hr 1103 Staff Engineer…………………………………………………………175.00 /Hr 2505 Masonry Sampling/Tagging……………………………………..119.00 /Hr 1221 Project Manager………………………………………………………175.00 /Hr 2503 DSA Continuous Masonry Inspection……………………………. 175.00 /Hr 2112 Lead Inspector (Group 1)…………………………...………………. 123.00 /Hr 2109 Field Technician/Inspector………………………………………..119.00 /Hr Structural Steel Division 1106 Laboratory Technician………………………………………………. 119.00 /Hr 2601 Field Welding Inspection (visual)…………………………………..121.00 /Hr 1104 Administrative Services…………………………………………….94.00 /Hr 2602 Shop Welding Inspection (visual)………………………………….121.00 /Hr 1314 Contract Labor………………………………………………………. Cost+10% /Ea 2603 High Strength Bolting Inspection………………………………….. 121.00 /Hr 2608 NDT Ultrasonic Testing (UT)………………………………………. 123.00 /Hr INSPECTION SERVICES 2609 NDT Magnetic Testing (MT)……………………………………….123.00 /Hr Oversight Inspections 2610 NDT Liquid Dye Penetrant Testing (PT)………………………..123.00 /Hr 2107 DSA - OSHPD Certified Inspector (IOR)………………………… quote /Hr 2611 Inspection of Misc. Structural Steel/Welding (visual)………………. 121.00 /Hr 2108 Inspection in Hazardous Containment Area………………………225.00 /Hr 2612 Inspection of Steel Deck Welding/Shear Studs (visual)……………… 121.00 /Hr 2613 Witness Welding Qualification Tests……………………………….. 121.00 /Hr Soils/Asphalt Division 2614 Inspection of Welding of Non-Structural Elements………………121.00 /Hr 2701 Field Compaction Testing with Nuclear Gauge………………………………. 123.00 /Hr 2615 Material Identification to CMTR and/or Sampling…………………121.00 /Hr 2703 Soils Observation……………………………………….................. 119.00 /Hr 2616 Inspection of Curtain Wall Attachment……………………………121.00 /Hr 2702 Material Sampling/Transportation…………………………………119.00 /Hr 2617 Radiographic Examination (by others)…………………………….. Cost+10% /Hr 2704 Sampling of Grout for Soil Nails or Tiebacks…………………….119.00 /Hr 2618 Pile Splice Welding Inspection…………………………………….. 121.00 /Hr 2705 Sampling of Soil-Cement Mixture…………………………………. 119.00 /Hr 2620 Sampling of End-Welded Studs………………………………….. 121.00 /Hr 2706 Observation of Soil Nail or Tieback Stressing……………………119.00 /Hr 2621 Sampling of High Strength Bolts (HSB)………………………….121.00 /Hr 2707 Pile/Pier Observation………………………………………………119.00 /Hr 2622 Level III UT and MT Technician……………………………………. 196.00 /Hr 2708 Geotechnical Observation by Inspector………………………….. 123.00 /Hr 2623 Inspection of Cold-formed Metal Framing …………………………121.00 /Hr 2709 Field Compaction Testing with Sandcone……………………….. 123.00 /Hr 2710 Field Compaction Testing with Rubber Balloon………………….. 123.00 /Hr Fireproofing/Roof/Wood/Waterproofing Division:
2801 AC Observation/Compaction Testing…………………………….. 123.00 /Hr 2901 Fireproofing Density/Thickness Testing…………………………. 119.00 /Hr 2802 QC/QA Technician (Caltrans/FAA/NICET certified)……………………….123.00 /Hr 2906 Firestop System Inspection…………………….. 175.00 /Hr 2803 QC/QA Technician (Caltrans/FAA/NICET) 10hr-day……………………. 1,650.00 /Day 2917 Roofing/Waterproofing Inspection……………………………….. 175.00 /Hr 2804 AC Batch Plant Inspection/Sampling…………………………….119.00 /Hr 2905 Shearwall/Diaphragm Nailing Inspection…………………………175.00 /Hr 2908 Glu-lam Shop Inspection………………………………………….. Cost+10% /Hr Concrete/Shotcrete Division 2918 Inspection of Plaster/Stucco Application/Sampling…………….. 119.00 /Hr 2301 Concrete Placement Inspection……………..……………………119.00 /Hr 2312 Concrete Sampling………………………………………………. 119.00 /Hr Specialty Testing Division 2311 Sampling of Lightweight Insulating Concrete………………………. 119.00 /Hr 2904 Proof Load/Torque Testing……………………………………….. 123.00 /Hr 2308 Installation of Maturity Sensors…………………………………….. 119.00 /Hr 2903 Witness Dowel/Anchor Installation……………………………..119.00 /Hr 2605 NS Grout Inspection/Sampling……………………………………. 121.00 /Hr 2909 Ferroscan Survey………………………………………………….. 225.00 /Hr 2305 Batch Plant Inspection……………………………………………..119.00 /Hr 2920 Ground Penetrating Radar Survey (GPR)…………………………225.00 /Hr 2302 Shotcrete Placement Inspection…………………………………….. 119.00 /Hr 2913 Floor Flatness Survey (Dipstick, F-Meter, D-Meter)………………………………….. 175.00 /Hr 2307 DSA Shotcrete Placement Inspection…………………………….. 175.00 /Hr 2916 Moisture Emission Testing Placement/Pick-Up…………………119.00 /Hr 2303 Witness of Rebar and Shotcrete for Pre-Construction……………… 119.00 /Hr 2914 Intumescent Paint Thickness Inspection…………………………. 123.00 /Hr 2304 Coring/Eval. of Precon Panel (3 cores, up to 6" long)………………….1,640.00 /Ea 2306 Coring Technician, One Man………………………………………. 225.00 /Hr 2310 QC/QA Technician (NICET)………………………………………. 123.00 /Hr 2919 Inspection of Polymer Matrix Composite (Fibrwrap)…………….123.00 /Hr 2921 Inspection of Crack Repair Measures……………………………. 119.00 /Hr Reinforcing/Strand Steel Division 2922 Ground-Resistance Testing……………………………………….. 225.00 /Hr 2201 Rebar Placement Inspection………………………………………. 119.00 /Hr 2902 In-place Brick Mortar Shear Testing………………………………175.00 /Hr 2203 Rebar/Strand ID Sampling/Tagging…………………………… 119.00 /Hr 2915 Rebound Hammer Testing (ASTM C805)…………………………225.00 /Hr 2204 Rebar/Strand ID Sampling…………………………… 119.00 /Hr 2202 Verification of Rebar Placement with Pachometer………………. 225.00 /Hr 2205 Rebar/Strand Tagging…………………………… 119.00 /Hr 9005 Epoxy Injection Inspection……………………………………….119.00 /Hr 2402 PT Strand Stressing Inspection………………………………….119.00 /Hr 2927 QC/QA Manager……………………………………………… 175.00 /Hr 2403 Prepare Stressing Records (Loads/Elong/Lockoff)……………………….. 119.00 /Hr 2404 Anchor Pocket Grouting after Stressing………………………..119.00 /Hr

PROFESSIONAL SERVICES
qg pyp, p
handling and/or backup documentation will incur an additional 3% fee added to invoice total.

ISI Fee Schedule
2024A-5/29/2025
1798 University Avenue, Berkeley, CA 94703-1514
T: 510.900.2100 F:510.900.2101 Page 4 of 6

ITEM NO. 12.

Aggregate and Soils Mechanics Asphaltic Concrete (cont.) 3401 Sieve Fine/Coarse Aggregates ASTM C136/CT 202………………. . . . . . . 130.00 /Ea 3608 Recommending Optimum Bitumen Content CT 367……………………….. 2,950.00 /Ea 3402 Materials Finer than # 200 Sieve by Washing ASTM C117……………………… 120.00 /Ea 3609 Optimum Bitumen Content of Open Grade CT 368………………850.00 /Ea 3403 Gradation ASTM C117 and C136…………………………………………………... 225.00 /Ea 3610 QC Plan for Caltrans QC/QA projects………………………….. 1,800.00 /Ea 3404 Sp. Gravity/Absorption of Coarse Agg ASTM C128/CT 206……….………… 105.00 /Ea 3611 Tensile Strength Ratio ASTM D4867……………………………………… 1,545.00 /Ea 3405 Specific Gravity/Absorption of Fine Agg ASTM C128/CT 207…….……….. 145.00 /Ea 3612 Marshall Compacted Sample (set of 3) ASTM D1559…………………. 310.00 /Set 3407 Bulk Density (Unit Weight) and Voids of Agg ASTM C29…………….. 130.00 /Ea 3613 Marshall Stability and Flow, Air Voids ASTM D1559, D3203…………………….. 130.00 /Ea 3413 Clay Lumps and Friable Particles in Agg ASTM C142…………………. 82.00 /Ea 3614 Bulk Specific Gravity of Core Sample ASTM D2726…….……………. 88.00 /Ea 3414 Cleanness Value of Coarse Agg CT 227…………….…………….205.00 /Ea 3615 Theoretical Max Specific Gravity (Rice) ASTM D2041………………155.00 /Ea 3416 Aggregate Durability Index ASTM D3744/CT 229…………………………….….. 390.00 /Ea 3616 Sieve Analysis of Extracted Aggregate ASTM D5444……………………… 210.00 /Ea 3417 Percent Crushed Particles ASTM D5821/CT 205…………………………….….. 260.00 /Ea 3617 Marshall Mix Design………………………………………………. 2,950.00 /Ea 3418 Fine Aggregate Angularity ASTM C1252/CT 234…………………………….….. 145.00 /Ea 3618 Bulk Specific Gravity of Compacted Samples ASTM D1188………………………… 130.00 /Ea 3450 Materials Finer than No. 200 Sieve ASTM D1140…………………….…115.00 /Ea 3619 Swell of Bituminous Mixtures CT 305………………………………160.00 /Ea 3451 Liquid Limit, Plastic Limit and PI ASTM D4318/CT 204………….……………. 205.00 /Ea 3620 Moisture Vapor Susceptibility of Mixture CT 307………….…………. 285.00 /Ea 3452 Particle Size Analysis of Soils ASTM D422………………………….…. 210.00 /Ea 3621 Centrifuge Kerosene Equivalent and ABR CT 303……………………… 240.00 /Ea 3453 Hydrometer Analysis, incl Sp. Gravity ASTM D422………………….…475.00 /Ea 3622 Lab Test Maximum Density CT 375………………………………505.00 /Set 3454 Soil Classification ASTM D422, D1140, D4318………………………………………..…. 505.00 /Ea 3455 Specific Gravity of Soils ASTM D854/CT 209………………………………..…… 210.00 /Ea Concrete/Shotcrete Products 3456 Moisture Content of Soil/Agg ASTM D2216/C566/CT 266…………………..…. 45.00 /Ea 3101 Compression Test 4"x8" Cylinder ASTM C39………………………………..... 65.00 /Ea 3457 Moisture Content & Density of Soil from Borings…………… 60.00 /Ea 3105 Compression Test: Shotcrete/Concrete Core ASTM C42…………………… 120.00 /Ea 3458 Sand Equivalent for Soils/Fines ASTM D2419/CT 217………………………..… 175.00 /Ea 3106 Unit Weight of Freshly-Mixed Concrete ASTM C138……………………….. 62.00 /Ea 3459 Lab Compaction (Standard) A/B (4"Mold) ASTM D698…………..……. 310.00 /Ea 3107 Density, Absorption, Voids in Hard Concrete ASTM C642……………….. 98.00 /Ea 3460 Lab Compaction (Standard) C (6"Mold) ASTM D698……………..…... 370.00 /Ea 3108 Concrete Trial Batch (IBC or CCR Title 24, per W/c Ratio)…………………………….. 2,250.00 /Ea 3461 Lab Compaction (Modified) A/B (4" Mold) ASTM D1557……………..… 310.00 /Ea 3120 Modulus of Elasticity of Concrete ASTM C469………………………………….. 285.00 /Ea 3462 Lab Compaction (Modified) C (6" Mold) ASTM D1557………………..… 370.00 /Ea 3121 Compression Test of Samples not Taken by ISI………………….. 82.00 /Ea 3463 Oversize Correction for Lab Compaction ASTM D4718……………..………… 82.00 /Ea 3124 Drying Shrinkage of Concrete Beams ASTM C157 set of 3………………….. 560.00 /Set 3464 Unconfined Comp. Strength inc. MD ASTM D2166/CT 221…..……………….. 170.00 /Ea 3125 Concrete Splitting Tensile Strength ASTM C496………………………. 98.00 /Ea 3465 Density/Unit Weight by Sand Cone Method ASTM D1556…………..…52.00 /Ea 3126 Unit Weight of Controlled Density Material……………………….. 78.00 /Ea 3466 R-Value of Compacted Soils w/no Addt ASTM D2844/CT 301…………………………..….. 555.00 /Ea 3128 Flexural Strength of Concrete ASTM C78/CT 523……………………………. 145.00 /Ea 3467 California Impact Test Max Wet Density CT 216………………….425.00 /Ea 3131 Compressive Strength: Insulating Concrete ASTM C495……………… 78.00 /Ea 3468 Maximum Index Density on Vibratory Table ASTM D4253…………..…. 415.00 /Ea 3132 Density of Lightweight Concrete ASTM C567…………………………………….. 120.00 /Ea 3469 Organic Impurities in Fine Aggregate ASTM C140………………..……. 72.00 /Ea 3133 Creep of Concrete (per month) ASTM C512……………………………………….. 310.00 /Ea 3470 California Bearing Ration (CBR), 3 points ASTM D1883……………..…. 900.00 /Ea 3134 Flexural Toughness (FRC) Beams ASTM C1018……………………………….. 310.00 /Ea 3471 LA Abrasion Resistance ASTM C131………………………………….. 290.00 /Ea 3135 Flexural Toughness (FRC) Round Panels ASTM C1550…………………….. 396.00 /Ea 3472 Aggregate Soundness Sodium Sulfate ASTM C88/CT214……………. 155.00 /Ea 3129 Calibration of Concrete w/ Maturity System (17 cylinders)………………. 1,550.00 /Set 3473 Expansion Index…………………………………………….. 165.00 /Ea 3130 Petrographic Analysis (by others)………………………………….Cost+10% /Hr 3474 R-Value of Compacted Soils w/Field Addt ASTM D2844/CT 301…………………………..….. 600.00 /Ea 3140 Compression Test 6"x12" Cylinder ASTM C39………………………………..... 88.00 /Ea 3475 R-Value of Compacted Soils w/Lab Addt ASTM D2844/CT301………………..……. 690.00 /Ea 2911 Concret Moisture Vapor Emission Kit ASTM F1869…………………………….. 56.00 /Ea 3476 California Bearing Ratio (CBR) no curve ASTM D1883………………..……. 555.00 /Ea 2923 Concrete In-Situ Relative Humidity ASTM F2170 Add to hrly…………….. 56.00 /Ea 3477 Flat & Elongated Particles ASTM D4791………………..…………………. 240.00 /Ea 2924 pH Value Determination Add to hrly rate………………………………………………. 17.00 /Ea 3478 CTB Compressive Strength (Field Mixed ASTM D1633/D559) 155.00 /Ea 2309 Concrete Maturity Sensors…………………………………………. 85.00 /Ea Asphaltic Concrete Products Fireproofing/Roof/Wood/Waterproofing Products 3601 Moisture Content of Asphalt Mixture CT 370…………………….. 82.00 /Ea 3701 Density of Spray Applied Fireproofing UBC 7-6………………………………. 82.00 /Ea 3602 Bulk Specific Gravity of Bituminous Mixture CT 308……………….95.00 /Ea 2912 Cohesion/Adhesion Test Kit (SFRM)…………………………... ………. 56.00 /Ea 3603 Theoretical Maximum Sp. Gravity and Density CT 109……………………… 150.00 /Ea 3702 Compression Test: Plaster Cylinder/Cube ASTM C472……………. 82.00 /Ea 3604 Asphalt Content by Vacuum Extraction ASTM D2172/CT 362……………………. 135.00 /Ea 3703 Density of Plaster Cylinder or Cube ASTM C472……………………………… 82.00 /Ea 3605 Asphalt Content by Ignition Method ASTM D6307/CT 382……………………… 230.00 /Ea 3704 Bond Strength of Tile ASTM C482………………………………………………………. 440.00 /Set 3606 Asphalt Content by Nuclear Method ASTM D4125/CT 379………………………. 115.00 /Ea 3705 Tensile Test of Polymer Material (Fibrwrap) ASTM D3039………………. 775.00 /Set 3607 Stabilometer Value ASTM D1560/CT 366……………………………………….. 180.00 /Ea 3708 Tensile Test of FRP (delivered by others for testing) ASTM D3039………………. 660.00 /Set 3709 Calibration of Torque Wrench (20-200 ft-lbf) 80.00 /Ea

LABORATORY SERVICES
ISI Fee Schedule
2024A-5/29/2025
1798 University Avenue, Berkeley, CA 94703-1514
T: 510.900.2100 F:510.900.2101 Page 5 of 6

ITEM NO. 12.

Masonry Products Engineering Review/Miscellaneous Items 3109 Drying Shrinkage of CMU Units ASTM C426……………………………………. 258.00 /Ea 1201 Concrete Mix Design Review UBC or CCR Title 24……………………………….... 225.00 /Ea 3110 CMU Shrinkage, Absorption, Moisture, Unit Wt. ASTM C140……………….. 1,410.00 /Set 1202 Shotcrete Mix Design Review UBC or CCR Title 24…………………………….... 225.00 /Ea 3123 CMU Core Shear Test CCR Title 24, per side………………………………………….. 120.00 /Ea 1203 Grout Mix Design Review UBC or CCR Title 24………………………………………. 225.00 /Ea 3136 Compression Test 2"x2" Cube ASTM C109……………………………82.00 /Ea 1204 Review of Welding Documents (WPS)………………………………196.00 /Hr 3102 Compression Test 2"x4" Mortar or Grout ASTM C39………………..65.00 /Ea 1205 Review of Documents ………………...……………………………. 196.00 /Hr 3103 Compression Test 4"x4" Grout Prism ASTM C39………………………82.00 /Ea 1206 Jobsite Meetings/Supervision………………………………………. 175.00 /Hr 3104 Compression Test Masonry Prism ASTM C1314………………………. 212.00 /Ea 1210 Final Inspection Affidavit UBC 1701, up to 3 visits……………………………………. 305.00 /Ea 3137 Compression Test Masonry Block ASTM C140………………………. 135.00 /Ea 1211 Final Inspection Affidavit UBC 1701, up to 10 visits…………………………………….. 425.00 /Ea 1212 Final Inspection Affidavit UBC 1701, up to 25 visits……………………………………. 545.00 /Ea Reinforcing Steel Products 1213 Final Inspection Affidavit UBC 1701, up to 100 visits…………………………………. 910.00 /Ea 3201 Tensile and Bend #3 to #8 ASTM A370……………………………….. 145.00 /Ea 1214 Final Inspection Affidavit UBC 1701, more than 100 visits………………………… 1,210.00 /Ea 3202 Tensile and Bend #9 to #11 ASTM A370………………………………195.00 /Ea 1215 Laboratory Final Verified Report DSA or OSHPD…………………………………. 340.00 /Ea 3203 Tensile and Bend #14 and #18 ASTM A370………………………….. 1,030.00 /Ea 1216 Geotechnical Final Verified Report DSA or OSHPD…………………………….. 655.00 /Ea 3204 Slip Test of Mechanical Splice CT 670…………………………………… 125.00 /Ea 1217 QC/QA Engineering Consulting Services………………………….. 196.00 /Hr 3205 PT Strand Breaking Strength……………………………………………….. 360.00 /Ea 1218 Pavement Design/ Consulting……………………………………….. 212.00 /Hr 3206 PT Strand Yield/Breaking Strength/Elongation……………………… 410.00 /Ea 1219 Soil Compaction Test Review (by Geotechnical Engineer)…………………………………………. 212.00 /Hr 3207 Tensile Test of Coupled Rebar…………………………………. 195.00 /Ea 1220 Asphalt Mix Design Review…………………………………………. 225.00 /Ea 3208 Tensile Test of Welded Rebar………………………………………195.00 /Ea 2001 Destructive Exposure of Rebar……………………………………… 225.00 /Hr 2002 Destructive Sampling of Rebar…………………………………….. 225.00 /Hr Structural Steel/Welding Products 2003 Destructive Sampling of Concrete…………………………………. 225.00 /Hr 3301 Rockwell Hardness ASTM A370, E18………………………………………………………. 78.00 /Ea 2004 Patching of Exposed Sample Areas w/ HS Grout………………… 175.00 /Hr 3302 Charpy Impact 45 deg. V (to 100F) ASTM A370, E23………………………….. 410.00 /Ea 3303 Macroetch Examination Welded Test Joints AWS D1.1, 1.4……………. 225.00 /Ea Travel, Mileage, Transportation Expenses 3304 Reduced Section Tensile ASTM A370……………………………….... 140.00 /Ea 1301 Courier/Transportation……………………………………………... 90.00 /Hr 3305 Guided Bends; side, root, or face AWS D1.1………………………..42.00 /Ea 1305 Mileage…………………………………………………………………0.670 /Mile 3306 All Weld Metal Tensile AWS D1.1……………………………………………………….. 140.00 /Ea 1306 Per Diem (or at cost if higher)……………………………………….. 157.00 /Day 3307 Tensile Test of Miscellaneous Steel ASTM A370……………………………….. 140.00 /Ea 1307 Travel Time ……………………………………………………………90.00 /Hr 3308 Tensile and Bend Test of Miscellaneous Steel ASTM A370…………….. 170.00 /Ea 1308 Parking………………………………………………………………..cost /Ea 3310 Mechanical Properties of HSB w/ nuts/Washers…………………. 345.00 /Set 1309 Bridge Tolls…………………………………………………………..cost /Ea 3311 Mechanical Properties of End-Welded Studs ASTM A370……………160.00 /Ea 1310 Car Rental…………………………………………………………..cost /Ea 3312 Mechanical Properties of Nut Only……………………………………180.00 /Ea 1311 Airfare…………………………………………………………………. cost /Ea 3313 Mechanical Properties of Bolt Only………………………………………. 130.00 /Ea 1312 Equipment Rental……………………………………………………. Cost+10% /Ea 3314 Mechanical Properties of Washer Only………………………………130.00 /Ea 1313 Mobilization……………………………………………………………119.00 /Hr 2604 Calibration of Torque Wrench for HSB…………………………….. 276.00 /Set 1314 Outside Services (Subconsultants/Subcontractors)………………… Cost+10% /Ea 2619 Welder Qualification Test Record (Excluding Lab Tests)………………………….. 121.00 /Hr ISI Fee Schedule
2024A-5/29/2025
1798 University Avenue, Berkeley, CA 94703-1514
T: 510.900.2100 F:510.900.2101 Page 6 of 6

ITEM NO. 12.

Third Amendment to Agreement for Consultant Services
Nichols Consulting Engineers

THIRD AMENDMENT TO AGREEMENT
This THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 17th day of June 2025 and amends that certain Second Amendment to Agreement for Consultant Services dated December 3, 2024, made by and between the Town of Los Gatos, ("Town,") and Nichols Consulting Engineers (“Consultant”), identified as a C Corporation and whose address is 300 E. 2nd St, Reno, NV 89501.

RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021, (“Agreement”), a First Amendment to Agreement for Consultant Services on August 15, 2023, a Second Amendment to Agreement for Consultant Services on December 3, 2024, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

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

AMENDMENT

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

This contract shall remain in effect from May 3, 2021 and extend to December 31, 2026.

2. Section 2.6 Compensation is amended to add the following:

Compensation for Consultant’s professional services shall be increased by $68,700 for a total agreement amount not exceed $555,600. 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.

ATTACHMENT 7 Page 283
ITEM NO. 12.

Third Amendment to Agreement for Consultant Services
Nichols Consulting Engineers
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

Town of Los Gatos: Nichols Consulting Engineers by:
_______________________________ ______________________________ Chris Constantin, Town Manager J. Ryan Shafer, PE, GE Principal 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.

SECOND AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 3rd day of December 2024 and amends that certain First Amendment to Agreement for Consultant Services dated August 15, 2023, made by and between the Town of Los Gatos, ("Town,") and Nichols Consulting Engineers, Chtd (“ Consultant”), identified as a C Corporation and whose address is 1003 W Cutting Boulevard, Suite 110, Pt Richmond California 94804.

RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021, (Agreement) and a First Amendment to Agreement for Consultant Services on August 15, 2023, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

B. Town desires to amend the Agreement to extend the term.

AMENDMENT

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

This contract shall remain in effect from May 3, 2021 and extend to December 31, 2025.

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

Second Amendment to Agreement for Consulting Services Shannon Road Repair (CIP No. 811-0008) Docusign Envelope ID: 4E874323-2E06-4BEE-A1C0-E6DC0AAA8F8E

EXHIBIT A

ITEM NO. 12.

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

Town of Los Gatos, by: CONSULTANT, by:

Chris Constantin J. Ryan Shafer, PE, GE Principal
Town Manager
Department Approval:

Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:

Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk Docusign Envelope ID: 4E874323-2E06-4BEE-A1C0-E6DC0AAA8F8E 12/9/2024
12/9/2024
12/11/2024
12/16/2024
12/16/2024

ITEM NO. 12.

FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 15th day of August 2023 and amends that certain Agreement for Consultant Services dated May 3, 2021, made by and between the Town of Los Gatos, ("Town,") and Nichols Consulting Engineers, Chtd (“ Consultant”), identified as a C Corporation and whose address is 1003 W Cutting Boulevard, Suite 110, Pt Richmond California 94804.

RECITALS
C. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.

D. Town desires to amend the Agreement to add to the scope of services, extend the term, and increase the compensation.

AMENDMENT

1. Section 2.1 Scope of Services is amended to read as follows:

Consultant shall provide the additional services as described in that certain proposal sent to the Town on July 3, 2023, incorporated herein as Exhibit B.

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

This contract shall remain in effect until December 31, 2024

3. Section 2.6 Compensation is amended to read as follows:

Increase the compensation amount by $42,500 for a total value of $486,900 set forth in Exhibit B.

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

EXHIBIT A

First Amendment to Agreement for Consulting Services Shannon Road Repair (CIP No. 811-0008) Docusign Envelope ID: 4E874323-2E06-4BEE-A1C0-E6DC0AAA8F8E

ITEM NO. 12.

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

J. Ryan Shafer, PE, GE Principal, NCE
Laurel Prevetti, Town Manager
Department Approval:

Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:

Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk

First Amendment to Agreement for Consulting Services Shannon Road Repair (CIP No. 811-0008) Town of Los Gatos: Approved as to Consent:

Docusign Envelope ID: 4E874323-2E06-4BEE-A1C0-E6DC0AAA8F8E

ITEM NO. 12.

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on May 3, 2021 by and between TOWN OF LOS GATOS, a California municipal Nichols Consulting Engineers, is 501 Canal Blvd., Suite I, Richmond, CA 94804. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town desiresto engage Consultant to provide servicesto provide design and construction support services for Shannon Road Repair Project (CIP No. 811-0008).

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

1.3 Consultant warrantsit possessesthe distinct professionalskills, 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 Town on April 26, 2021, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract willremain in effect from date of execution to December 31, 2023.

2.3 Compliance with Laws. Consultant shall comply apply the reasonable standard of care 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 documentsfurnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the 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 Agreement for Consultant Services
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ITEM NO. 12.
pursuant to this Agreement are confidential until released by the Town to the public, and Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant orthe Town without the written consent of the Town before such release. 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 $444,400, inclusive of all costs as described in Exhibit A. Paymentshall 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.

Paymentshall be net thirty (30) days. All invoices and statementsto 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 recordssupporting 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 servicesto be performed underthis 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 Agreement for Consultant Services
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ITEM NO. 12.
employee(s). With prior written consent, 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 Litigation Support. Consultant shall receive compensation for preparing for and/ or appearing in any litigation at the request of the Town, except: (1) ifsuch litigation costs are incurred by the Consultant in defending its work or services or those of any of its subconsultants or (2) as may be required by the indemnification requirements of the Consultant. Compensation for litigation services requested by the Town shall be paid at a mutually agreed upon rate and/ or at a reasonable rate for such services.

2.12 Conflict of Interest. Consultant understandsthat its professional responsibilities are solely to the Town. 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.

2.13 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.

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ITEM NO. 12.

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: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agreesto have and maintain forthe 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. Consultantshall 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 lessthan $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. Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the 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'sinsurance coverage shall be primary insurance in respect to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the 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.

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ITEM NO. 12.
iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made orsuit 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 orin 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 . In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance asrequired 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.

3.4 Mutual Indemnification. Consultant shall indemnify and hold harmless the Town, its officers, agents, and employees from any and all claims, suits, losses, pure economic es
connected therewith, on account of personal injury, including death, or property damage, sustained by any person or entity not a part to this Agreement between the Consultant and the Town to the extent such injury, death or damage is caused by the negligence or willful misconduct of the Consultant or their respective employees, officers and agents.

Consultant agrees to the full extent permitted by law, to indemnify, defend, and hold harmless the Town, its officers, directors, and employees from and against any and all claims, demands, losses, penalties, fines and causes of action of every kind and character (including reasonable attorney fees) arising from or relating to Pre-existing Conditions.

3.5 Mutual Indemnification. Town shall indemnify and hold harmless the Consultant, its officers, agents, and employees from any and all claims, suits, losses, pure economic penalties and fines imposed, and demands, including reas connected therewith, on account of personal injury, including death, or property damage, sustained by any person or entity not a part to this Agreement between the Consultant and the Town to the extent such injury, death or damage is caused by the negligence or willful misconduct of the Town or its Consultant or their respective employees, officers and agents.

Town agrees to the full extent permitted by law, to indemnify, defend, and hold harmless the Consultant, its officers, directors, shareholders, employees, affiliates, and subsidiaries and their successors from and against any and all claims, demands, losses, penalties, fines Agreement for Consultant Services
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ITEM NO. 12.
and causes of action of every kind and character (including reasonable attorney fees) arising from or relating to Pre-existing Conditions.

IV. GENERAL TERMS

5. 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 underthis 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. Town and Consultant shall have the right to terminate this agreement with or without cause by giving not lessthan fifteen days (15) written notice of termination. In the event of termination, 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 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 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.

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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 agreesto present to the Town, along with itsrequest 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 payro 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 payrollsto the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.

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

4.4.7 No contractor orsubcontractor 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 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.

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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 attorn s fee relating to such fine.

4.4.9 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., 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 Consultant.

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 Dispute Resolution. Town and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules ofthe American Arbitration Association, effective as of the date of this Agreement.

4.8 Force Majeure. Neither party to this Agreement will be liable to the other party for delays in performing the services, nor for the direct or indirect cost resulting from such delays, that may result from labor strikes, riots, war, acts of governmental authorities, health crises, extraordinary weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party.

4.9 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
Nichols Consulting Engineers
501 Canal Blvd., Suite I
Richmond, CA 94804
or personally delivered to Consultant to such address orsuch other address as Consultant designates in writing to Town.

4.10 Certifications/Warranties. Consultant neither makes, nor offers, norshall Consultant be liable to the Town for any express or implied warranties with respect to the performance Agreement for Consultant Services
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ITEM NO. 12.
of Services. Estimates of cost, approvals, recommendations, opinions, and decisions by the Consultant are made on the basis of experience, qualifications, and professional judgment and are not guaranteed. Consultant shall not be regarded as a guarantor with respect to any work product provided to the Town.

4.11 Third Party Reliance Upon Reports. All Consultant work products are prepared solely for use by the Town and shall not be provided to any other person or entity without Town shall indemnify the Consultant from and against
any and all claims, liability, damages, actions or proceedings brought by any person or entity claiming to rely upon information or opinions contained in reports or other work products provided to such person or entity, published, disclosed or referred to without the written consent.

4.12 Ownership and Retention of Documents. Reuse or modification of any such documents by the Town, without written permission, shall be at the sole risk, and Town agreesto indemnify and hold the Consultant harmlessfrom all claims, damages, the Town or by others
acting through the Town.

4.13 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.

4.14 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.

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ITEM NO. 12.

IN WITNESS WHEREOF, Town and Consultant have executed this Agreement.

Town of Los Gatos by: Consultant, by:

Laurel Prevetti, Town Manager
Recommended by:

Matt Morley
Director of Parks and Public Works
J. Ryan Shafer, PE, GE
Principal
Approved asto Form:

Robert Schultz, Town Attorney
Attest:

Shelley Neis, MMC, CPMC, Town Clerk
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