Los Gatos City Council
April 21, 2026

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 58 registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to notify Town of the dispute and demand an informal conference to meet and confer in writing within the specified time, Contractor’s Claim will be deemed waived.

A. Schedule Meet and Confer. Upon receipt of the demand to meet and confer, Town will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference.

B. Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near Town’s principal office.

C. Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, Town will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.

D. Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the Town issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below.

12.5 Mediation and Government Code Claims.

A. Mediation. Within ten working days after the Town issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, Town and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests.

If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants.

B. Government Code Claims.

1. Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim.

2. The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.

12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.

12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 59 12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages.

Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The Town will not be directly liable to any Subcontractor or supplier.

12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the Town’s remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the Town reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work.

12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by Town. Nothing in this Article is intended to delay suspension or termination under Article 13.

Article 13 - Suspension and Termination

13.1 Suspension for Cause. In addition to all other remedies available to Town, if Contractor fails to perform or correct Work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, Town may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to Town’s satisfaction.

A. Notice of Suspension. Upon receipt of Town’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Contractor and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. Contractor is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project.

B. Resumption of Work. Upon receipt of the Town’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Contractor and its Subcontractors must promptly remobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Contractor must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how Contractor will complete the Work within the Contract Time.

C. Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents.

D. No Duty to Suspend. Town’s right to suspend the Work will not give rise to a duty to suspend the Work, and Town’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 60 13.2 Suspension for Convenience. Town reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for Town’s convenience. Upon notice by Town pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by Town except for taking measures to protect completed or in-progress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If Contractor submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12.

13.3 Termination for Default. Town may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract.

Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements.

A. Notice of Default and Opportunity to Cure. Upon Town’s declaration that Contractor is in default due to a material breach of the Contract Documents, if Town determines that the default is curable, Town will afford Contractor the opportunity to cure the default within ten days of Town’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable.

B. Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, Town may issue written notice to Contractor and its performance bond surety of Town’s termination of the Contract for default.

C. Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), Town may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that Town determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by Town to complete the Work following termination, where “additional cost” means all cost in excess of the cost Town would have incurred if Contractor had timely completed Work without the default and termination. In addition, Town will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on Town property for the purposes of completing the remaining Work.

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 61 D. Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to Town of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to Town’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by Town, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from Town of the total compensation to be paid by Town.

E. Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations.

13.4 Termination for Convenience. Town reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor.

A. Compensation to Contractor. In the event of Town’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation:

1. Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work;

2. Demobilization. Demobilization costs specified in the schedule of values, or if demobilization costs were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and

3. Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date.

B. Disputes. If Contractor disputes the amount of compensation determined by Town pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from Town of total compensation to be paid by Town.

13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part.

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 62 A. General. Upon termination, Town may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project.

Contractor will transfer title to and deliver all completed Work and all Work in progress to Town.

B. Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to Town all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts.

C. Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following:

1. Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with Town’s instructions for cessation of labor and securing the Project and any other Worksite(s).

2. Comply with Town’s instructions to protect the completed Work and materials, using best efforts to minimize further costs.

3. Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated.

4. As directed in the notice, Contractor must assign to Town or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to Town’s approval.

5. As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to Town.

D. Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance with the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application.

E. Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date.

Article 14 - Miscellaneous Provisions

14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its Subcontractors agree to assign to Town all rights, title, and interest in and to all causes of action it may have under

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 63 section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time Town tenders Final Payment to Contractor, without further acknowledgement by the parties.

14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly.

14.3 Waiver. Town’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by Town. Town’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by Town.

14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.

14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that bids were due.

14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6 of Section 12, General Provisions; and the following provisions in these General Conditions: Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty.

6. Special Conditions
Pre-Construction Conference. Town will designate a date and time for a pre-construction conference with Contractor following Contract execution. Project administration procedures and coordination between Town and Contractor will be discussed, and Contractor must present Town with the following information or documents at the meeting for Town’s review and acceptance before the Work commences:

1. Name, 24-hour contact information, and qualifications of the proposed on-site superintendent;

2. List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours;

3. Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity;

4. If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer;

5. Water Pollution Control Plan;

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 64 6. Draft baseline schedule for the Work as required under Section 5.2 of the General Conditions, to be finalized within ten days after Town issues the Notice to Proceed;

7. 2 week public notification letter;

8. 2 day (48 hour) notice letter;

9. “No Parking” Sign;

10. Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor;

11. Schedule with list of Project submittals that require Town review, and list of the proposed material suppliers;

12. Plan for coordination with affected utility owner(s) and compliance with any related permit requirements;

13. Videotape and photographs recording the conditions throughout the pre-construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits;

14. Any other documents specified in the Special Conditions or Notice of Potential Award.

Close Out Requirements. Contractor’s close out requirements include the following, if applicable:

1. Contractor must replace, with thermoplastic, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety.

2. Contractor must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law.

3. Before removing any traffic control or street signs on the Project site, Contractor must take photographs showing their original locations. Upon completion of each phase of construction, Contractor must temporarily reset the signs at those locations. Contractor must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal.

4. Contractor must maintain any rural mail boxes on the Project site and relocate them to their permanent locations as soon as possible in the course of the Work, to the satisfaction of the affected property owners and the postal service.

END OF SPECIAL CONDITIONS

7. General Constructions Requirements

7.1. General Constructions Requirements

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 65 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 “General Construction Requirements” of the contract documents, shall be deemed included in the price paid for other contract items and no additional compensation shall be allowed therefore.

Project Plans
The attached “Locations of Work” found in Attachment A shall be considered as the Plans.

Mobilization
Mobilization shall not be separately paid for but shall be considered as included in the payments for other items of work.

This shall include full compensation for furnishing all labor and materials, including tools, equipment and incidentals, and for performing all of the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of equipment and materials as specified in the Standard Specifications, these Contract Documents and as directed by the Engineer.

Order of Work
Order of Work shall conform to the provisions in Section 5-1.02, “Contract Components,” of the Standard Specifications and these Contract Documents.

At least five (5) working days before any work is started, the Contractor shall furnish to the Engineer a written schedule for the work, listing the dates on which individual areas are to be subject to project related work and the extent of impact caused by the work. Additionally, the Contractor shall submit any request for approval for special traffic consideration including but not limited to lane closures, etc. The Contractor shall thenceforth adhere diligently to said written schedule in the prosecution of the work.

Work for this project needs to be coordinated with the 2024 Annual Street Repair and Resurfacing Project. Resurfacing work will generally follow the concrete work but certain work may need to occur around the same time. The Engineer shall be the main contact for the coordination of the work.

The street may not be available for work if scheduling is not requested by the Contractor and approved by the Engineer (5) working days prior to the desired workday.

Cooperation
Attention is directed to Section 5-1.36C, “Nonhighway Facilities,” of the Standard Specifications.

It is the Contractor’s responsibility to work with utility companies to coordinate the removal, relocation, raising to grade, installation of the new facilities, or any other utility work as shown on the plans or indicated in the specifications with the appropriate utility company. The Contractor shall provide advance notification and shall allow sufficient time and work space for the utility company to complete the work necessary.

If in the opinion of the Engineer, the Contractor’s operations are delayed by reason of utility facilities not being removed or relocated, the Contractor will be entitled to an extension of time only. The Contractor shall be entitled to no other compensation for such delay.

Progress Schedule
The Contractor shall submit a project progress schedule for approval by the Engineer within eight (8) Working Days, not including Saturdays, Sundays, and legal holidays from the date of the Notice of the Award of Contract or 3 days before the pre-construction conference, whichever comes first. Failure to submit an acceptable progress schedule shall result in rejection of the Contractor’s proposal. The progress schedule shall be in the form specified below unless otherwise

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 66 specified in the Special Provision or approved by the Engineer. Updated progress schedules shall be provided by the Engineer monthly with the estimates of work required in Section 9-1.16, “Progress Payments,” of the Standard Specifications. No partial payments will be made for any work until an updated schedule has been submitted and approved by the Engineer. Updated schedules shall incorporate all current schedule information, including actual progress, approved time adjustments, and proposed changes in sequence and logic.

The Contractor must furnish a computerized schedule prepared by the critical path method (CPM) which shows the order in which the Contractor proposes to carry out the work; the sequence and interdependence of construction activities; all salient features of the work (including procurement of materials and equipment); the dates on which the Contractor will start the salient features of the work; and the scheduled dates for completing the said salient features.

The construction schedule shall include:

A. Time for submittals and reviews;
B. Time for fabrication and delivery of manufactured products for the work; and C. The interdependence of procurement and construction activities.

The construction schedule shall:

A. Be a time scaled network diagram referenced to specific calendar dates; B. Include time for the Engineer to review submittals or inspect the work; and C. Identify the activities which constitute the controlling operations or critical path.

The construction schedule shall not contain multiple critical paths.

Scheduling of change order work is the responsibility of the Contractor. The Contractor shall revise the schedule to incorporate all activities involved in completing the change order work, and submit a new schedule to the Engineer for review.

Delays or changes to non-critical activities will not be considered for a contract time extension. Non-critical activities are those activities which when delayed, do not affect the contract completion time.

The project schedules submitted shall be consistent in all respects with the time and order of work requirements of the contract. The Engineer, at his or her sole discretion, retains the right to reject any and all construction schedules submitted by the Contractor, including when the Engineer determines that the Contractor has too many items on the Critical Path, or the logic of the schedule is in error, or if the Engineer determines salient items of work are missing from the schedule.

Subject to the above provisions, nothing herein shall preclude the Contractor from early completion of the contract.

The Contractor shall submit updated progress schedules to the Engineer as a condition of approval for the monthly progress payments and final acceptance.

Record Drawings
The Contractor shall keep and maintain on the job site, one record set of drawings. On these, the Contractor shall mark all project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original contract documents, including buried or concealed construction and utility features which are revealed during the course of construction. Final payment will not be approved until the Contractor prepared record drawings have been delivered to the Engineer.

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 67 General Measurement and Payment Requirements
The Contractor shall submit in all field quantities completed to date for payment with each monthly pay estimate. The Contractor shall provide, in writing, who from their team will be responsible for field measuring quantities with the Town’s representative. Upon completion of a contract bid item, the Contractor’s representative shall field measure the final quantities with the Town’s representative. This agreed upon amount will be considered final and no re-measuring of these field quantities will be allowed without the approval of the Engineer. All supporting documentation required for payment of an item, shall be submitted by the Contractor within two pay periods following the work. Documentation submitted more than two pay periods after the work was completed will not be paid and the cost of this work shall be borne by the Contractor.

Truck Routes
Per the Town Ordinance Section 15.30.410, the following streets and highways or portions thereof within the Town limits are designated Truck Routes and are authorized for use by operators of trucks and other vehicles, which exceed a maximum gross weight of ten thousand (10,000) pounds:
• Highway 17
• Los Gatos-Saratoga Road (Highway 9)
• Los Gatos-Almaden Road
• Los Gatos Boulevard
• Blossom Hill Road
• Winchester Boulevard
• Lark Avenue
Other Town streets are unauthorized for truck routes unless otherwise approved by the Engineer.

Hours of Work
Unless otherwise approved in writing by the Engineer or specified in these Contract Documents, the hours of work for this project are Monday through Friday, 8:00 AM to 5:00 PM. No lane closures shall be allowed prior to 9 am and after 3 pm, or during a nearby school's early release hours, Monday through Friday, at the following locations unless otherwise approved by the Engineer:
• On Blossom Hill Road near Blossom Hill Elementary
• On Blossom Hill Road, Roberts Road East, and Fisher Avenue near Raymond J. Fisher Middle When schools have early release day(s), the Contractor shall confirm the school's early release schedule, not plan any lane closure(s) during that time, and coordinate work hours with the Engineer.

The work hours will be strictly enforced. The Engineer has full authority to implement the working hours and completely shut down the construction operations outside the hours of work specified. Should the provisions of this section not be met, liquidated damages of One Thousand Dollars ($1,000.00) for every 60-minute time period (or portion thereof) beyond the hours of work allowable shall be withheld from moneys due to the Contractor. 24-Hour Contact Number
The Contractor shall assign a project superintendent who has the complete authority to make decisions on behalf of the

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 68 Contractor. The project superintendent shall be on the job at all times during construction and shall be available and on call 24 hours a day for the duration of the project. The Contractor shall provide to the Engineer and to the Los GatosMonte Sereno Police Department a 24-hour contact number for the project superintendent. This number shall not direct calls to a recorder or other message taking service.

Advance Public Notification
Two weeks prior to beginning any work in an area, the Contractor shall deliver written notice to all adjoining residents and businesses, tenants and other applicable parties listed below and all other properties where their only ingress and egress is through the project’s work area. Individual or separate notices shall be given for general construction activity in an area as well as specific activities, which will, in any way, inconvenience the resident, property owner, or tenant and affect their operations or access to their properties. Such notices shall include the expected date for start of construction, a general description of the construction activity to take place, expected duration of the activity, and the name, address, and the contact number of the Contractor’s superintendent. The Contractor shall provide accurate information regarding the construction schedule and activities to be incorporated into the “two-week” notification. The Contractor shall make every effort to coordinate work with individual residents and businesses whose access will be disrupted in order to minimize the disruption and impacts on the resident or business.

The Contractor shall also prove and hand-deliver a “two-day” notice. The notice shall be distributed two working days prior to the work beginning. The “two-day” notice shall be delivered to all adjoining residents and business, tenants, and other applicable parties listed below and any other properties who sole ingress and egress is through the project’s work area.

Copies of all notices shall be provided to the Engineer for approval five (5) working days prior to the desired distribution date.

Should the Contractor’s schedule change or differ in any capacity from the schedule initially mentioned in the notification to the resident, property owner, tenant, or from the updates to the Town website, the Contractor shall renotify all applicable parties (residents, property owner, tenant, or businesses mentioned below) five (5) working days prior to the beginning of any work on that street.

The Contractor shall contact and coordinate the work with the following parties throughout the project. The “two-week” and “two-day” notification shall also be given to the following parties prior to beginning any work:

Santa Clara Valley Transportation Agency–(408) 321-2300 West Valley Recyles–(408) 283-9250
U.S. Postal Service–Post Master–(408) 395-7526
Los Gatos/Monte Sereno Police Department–(408) 354-8600 Santa Clara County Fire Department–(408) 378-4010
The Contractor shall also give written notice to residents/businesses for any driveway closures or anticipated service disruptions. The Contractor shall coordinate all disruptions with the appropriate utility, property owner, resident, business and the Town. Notice shall be given in advance and specify the duration of the disruption of any utility, and the temporary closure of access to any driveway. Such notice will comply with the requirements for closure of driveway access as specified under Special Provision Section 10-2, “Traffic Control Requirements.” Lack of proper advance notification and coordination shall result in the work being shut down. All costs associated with the stoppage of work shall be borne by the Contractor.

ITEM NO. 5.
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Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 69 Line and Grade
The Contractor shall layout the project by providing all stakes and marks needed to establish the lines and grades required for completion of the work specified on the Plans and in these Contract Documents to the satisfaction of the Engineer.

Meetings
Prior to commencement of any work on the project, a pre-construction conference will be scheduled by the Town and held at the Town’s Engineering Building or hosted via virtual meeting for the purpose of review and discussion of the project schedule and construction procedures. The Contractor’s project manager and/or project superintendent and representatives from all listed subcontractors shall be required to attend the pre-construction conference. The Contractor shall prepare and submit at the pre-construction meeting the proposed project schedule, water pollution control plan, traffic control plan, public notification letter, and other submittals as specified under Special Conditions.

The Contractor shall also schedule and conduct weekly field meetings at locations to be determined by the Town. The meetings shall be held at the same time and place each week and shall include all subcontractors working on the project and discussions of scheduled work on the project during the week of the meeting. The Contractor shall notify the Engineer of the time, date, and location of these meetings 72 hours in advance of the first meeting. Detailed schedules for the following two weeks shall be submitted to the Engineer at each weekly meeting.

Waste Haulers and Recycling Operations
The Contractor shall not impair or impede waste hauler and recycling operations scheduled to be conducted within the project area. It is the Contractor’s responsibility to determine which waste hauler and recycling operators are scheduled to operate within the project area, and to develop a project schedule that will not impair or impede the waste hauler or recycling operations.

Project Appearance and Street Sweeping
The Contractor shall maintain a clean work site. Debris developed during construction shall be disposed concurrently with its generation. Stockpiling of debris or construction materials shall not be allowed unless otherwise approved by the Engineer.

The Town prohibits the use of any public property or public right-of-way locations as construction staging points, unless specifically approved by the Engineer.

Right-of-Way
The Contractor shall operate within the public right-of-way only.

Work in Private Property
The Contractor shall secure right-of-entry agreements with each private property owners before any work in private properties. The language for the right-of-entry agreement must be approved by the Town.

Tree Protection
The Contractor shall comply with the Town Ordinance Chapter 29, Article 1, Division 2, “Tree Protection.” The Contractor shall provide protective tree fencing per the Town Ordinance Sec. 29.10.1005, “Protection of trees during construction.” The Engineer and Town Arborist shall be notified of any damages that occurs to a protected tree during construction.

Staging/Disposal Areas
The Contractor shall survey the area for construction staging. Staging areas shall not be located in a residential area.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 70 The following requirements shall apply to the contractor’s staging area:
• No stockpiles or staging area will be allowed in the right-of-way or on undeveloped lots unless specifically approved by the Engineer
• The staging area will be included in the Contractor's SWPPP • The staging area will not be located in an environmentally or culturally sensitive area and/or impact water resources (rivers, streams, bays, inlets, lakes, drainage sloughs). • The staging area will not be located in a regulatory floodway or within the base floodplain (100-year). • The staging area will not affect access to properties or roadways.

The Contractor shall obtain the approval of the Engineer before staging equipment or storing materials in the public right-of-way or on Town property. In addition, the Contractor shall provide proof of an agreement when using private property for staging, if requested by the Engineer.

All debris shall be hauled off and disposed of the same working day in which the material was generated.

Personal vehicles of the Contractor’s employees shall not be parked in the neighborhood or on the traveled way. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic and shall travel in the normal direction of travel.

Dust Control
The following requirements shall be applicable to this contract in lieu of the requirements of Section 18, “Dust Palliatives,” of the Standard Specifications:

A. The Contractor shall provide an acceptable plan for preventing the generation of dust due to the Contractor’s operations in the construction zones, along the haul routes, or equipment parking areas. This plan may consist of water sprinkling sweepers or an equivalent service. No separate payment will be made for dust control and all costs in connection therewith shall be included in the payment items to which the work is incidental.

B. In the event the control of dust is not satisfactory to the Owner, the Owner shall take such measures as may be necessary to ensure satisfactory dust control and deduct the cost of such measures from any payments due to the Contractor.

Water for Construction
The costs of water as required for the construction and post-construction on this project, including dust control, shall be considered as included in the costs of items bid for applicable item of work and no separate payment will be made therefor. The Contractor shall conform to the requirements of the water company from which water is purchased. In no case shall the Contractor violate the Town’s water conservation ordinance.

Sanitation
The Contractor shall provide for sanitary facilities for the use of the workers on the job. Such facilities shall be placed and maintained by the Contractor so as not to be a nuisance to the neighbors, nor offensive to the senses nor the community standards of decency. The Engineer shall be the sole judge of the adequacy of the facility, the placement, and the maintenance thereof. Upon notification by the Engineer of deficiencies in any of these areas, the Contractor shall make immediate corrections. Failure to take corrective action within 24 hours shall give the Engineer due cause to

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 71 stop the work in the contract and to order the corrective work to be done on the sanitary facility and to charge all costs of such work against the monies due or to become due to the Contractor.

Water Pollution Control
Water pollution control work shall conform to the provisions in Section 13, “Water Pollution Control," of the Standard Specifications and these Contract Documents, with the exception of payment. Payment shall be covered under “Measurement and Payment” under these Technical Specifications.

The Contractor shall be responsible for ensuring that all work conforms to the “Best Management Practices for the Construction Industry” found in the Storm Water Pollution Prevention Plan (SWPPP), the “Blueprint for a Clean Bay” handout found in Attachment D, and the Town Code found in Attachment E.

The Contractor shall comply with the requirements of the State Water Resource Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction and Land Disturbance Activities.

The Contractor shall not violate any discharge prohibition contained in the California Regional Water Quality Control Board San Francisco Bay Basin Water Quality Control Plan (“Basin Plan”).

7.2. Traffic Control Requirements
Measurement and Payment
Full compensation for preparing traffic control plans, temporary pavement delineation, providing construction, changeable message and detour signs, and for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work involved in compliance with the Plans, Specifications, and “Traffic Control Requirements” of the Contract Documents, including any additional changeable message signs, shall be included and paid for in the appropriate bid item price.

Bid Item #1 Traffic Control L.S.

General
Traffic control shall conform to the provisions of Section 12 "Temporary Traffic Control" of the Standard Specifications, Part 6, “Temporary Traffic Control,” of the California Manual on Uniform Traffic Control Devices (CA MUTCD) with latest revisions, and these Technical Specifications. Nothing in these Technical Specifications shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.04, “Public Safety,” of the Standard Specifications and these Contract Documents.

The traffic control plan shall be prepared in compliance with the Caltrans Standard Plans and/or CA MUTCD and shall be prepared by a certified traffic engineer or a qualified traffic control professional. The Contractor shall submit a scaled drawing with detailed information, such as lanes to be closed or narrowed, time and days of operation, transitions, cones and barricades, signs, arrow boards, pedestrian and bicycle provisions, etc. The traffic control plan should show length of transitions, cone spacing, sign spacing, etc. based on the posted speed limits or the posted construction zone speed limits. The traffic control plan shall also include a provision for the Contractor to contact and coordinate with the Valley Transportation Authority (VTA) if a bus stop is affected.

The Contractor shall maintain a safe workplace throughout the job including, but not limited to, providing all flaggers, safety equipment, flashing arrow boards, changeable message signs (minimum of two), traffic control devices;

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 72 maintenance of barricades, safe pedestrian passages along sidewalks, maintenance of handicap access throughout the project site where applicable and maintenance of pavement within the limits of the roadway and driveways with a suitable traffic bearing surface.

The Contractor shall provide and maintain all necessary traffic control devices to ensure safe pedestrian and vehicular access through and around the job site. Warning signs shall be installed at locations in accordance with the CA MUTCD, Part 6, “Temporary Traffic Control.” The Contractor shall fulfill the requirements of this section, 24 hours per day, seven days a week, including holidays, from the time the Notice to Proceed is issued until the project is formally accepted.

Should the Contractor fail to perform these duties, the Engineer, at the Engineer's sole discretion, may elect to have City, or contract forces, perform the duties, deducting 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 responsibility to perform these duties.

The Contractor shall provide a minimum of two competent and qualified flaggers dedicated solely to directing traffic if traffic lanes have been reduced to only one lane for two-way traffic, in and out of driveways and cross-streets and/or across the construction area as deemed to ensure safe traffic control during construction operations. Flaggers shall be equipped with all necessary tools to properly control the traffic.

Traffic Control/Management Plan
A traffic control plan shall be submitted by the Contractor to the Engineer a minimum of five (5) working days prior to any work commencing on the project. The traffic control plan shall be reviewed and accepted by the Engineer prior to any work commencing on the project. All traffic plans shall be prepared in accordance with the CA MUTCD, Part 6, “Temporary Traffic Control,” Section 12, “Temporary Traffic Control,” of the Standard Specifications, and these Contract Documents.

No Parking Signs
Prior to the start of work which requires parking restriction, the Contractor shall request approval to post and maintain temporary “No Parking” signs on each street where the operations will take place. It shall be the Contractor's responsibility to post "No Parking" signs in the areas where the Contractor's work will require restricted parking. The Town will provide signs for the Contractor's use. To be enforceable, the signs must be posted not less than 72 hours prior to the start of the work at a maximum spacing of 60 feet. The signs must clearly show the date(s) and hours of the parking prohibition, as well as the date and time the signs were posted, and the project name and contractor’s phone number. If the work is not performed during the timeframe indicated on the “No Parking” signs, the work will be rescheduled with at least five (5) working days advance notice. The Contractor shall perform all re-posting of “No Parking” signs and re-notification of businesses, tenants, and residents as a result of his failure to meet the posted schedule. Any delays caused by failure of the Contractor to adhere to the approved schedule will be at the Contractor’s sole expense. No additional compensation will be allowed for costs resulting from said delays.

The Contractor shall remove the “No Parking” signs immediately when they are no longer needed for use in the respective area of the project. The Contractor shall notify the Los Gatos/Monte Sereno Police Department directly after posting and immediately upon removal of the said signs at (408) 354-8600.

During the morning of each scheduled workday, the Contractor shall be responsible for calling the Los Gatos/Monte Sereno Police Department Police Dispatch to tow cars, if necessary, as approved by the Engineer. The Contractor shall have available for the police responding to the call photo documentation of the “No Parking” signs being posted if the signs were removed or vandalized the previous night.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 73 Detours, Temporary Striping, and Barriers
Any approved detours or barriers, signing and striping necessary to complete the construction of the project shall be provided, installed, maintained, and removed by the Contractor at his expense. Temporary striping shall be self-sticking traffic marking tape, vinyl or otherwise, developed for such use, and shall be used for temporary striping as required, unless shown otherwise on the plans or specified in the Technical Specifications. No painted temporary striping or markings will be allowed unless the temporary markings will be entirely covered by the permanent markings.

Notify the Los Gatos/Monte Sereno Police Department daily at (408) 354-8600 of street or lane closures or detours within the roadway prior to setting up and upon removal of traffic control devices.

Additional Construction Area Signs and Controls
In addition to the requirements of the CA MUTCD, the following traffic controls will be required as specified by the Engineer. These additional requirements in no way relieve the Contractor from his obligation to comply with the standards set forth in that manual.
• "Road Work Ahead" (Type C-23(CA)) signs shall be posted in advance of the first major cross street before the start of the work zone to allow traffic to avoid the work zone prior to entering the zone. The signs shall also be posted at the approaches to the project site.
• "End Road Work" (Type G20-2) signs shall be placed at all public road exits from the project site. • The Contractor shall provide, install and maintain a minimum of four (4) lighted barricades for each individual construction site for concrete improvements (i.e. for curb and gutter removal & replacement and for accessibility ramp installation).
• Changeable message signs will be used starting one (1) week prior to construction beginning and will be maintained in place until construction impacts to the public no longer exist as determined by the Engineer. • “Bikes May Use Full Lane” (R4-11)–modified for temporary construction sign The Contractor shall be responsible for locating existing poles on which to mount these signs or shall provide temporary stands or poles on which to place the required signs. The Engineer shall approve the method of attachment to existing poles prior to sign installation. No sign shall be mounted on decorative street light poles unless the Contractor can clearly show that the mounting method will not damage the finish on the poles.

Upon completion of the work, the signs and posts shall be removed and disposed of outside the public right of way in conformance with the provisions in the Standard Specifications.

Maintenance of Pedestrian Access and Circulation
Safe pedestrian access and circulation that is fully wheelchair accessible shall be maintained by the Contractor through or around the project area. All walkways, pedestrian crossings, ramps and other pedestrian facilities removed or blocked by the Contractor’s operations shall be replaced with temporary facilities unless otherwise approved by the Engineer.

Pedestrian access at each individual project site may be diverted for a maximum of five (5) calendar days with approved traffic control plan. Drop off from existing improvements to excavated areas shall be temporarily ramped. Ramps shall be maintained at 12:1 or flatter with compacted sub-grade or base rock material until final improvements are installed.

Lane Closures
Requests for lane closures shall be made a minimum of five working days prior to the proposed closure. Once the lane closure has been approved by the Town, the Contractor shall post a minimum of five (5) working days in advance of the proposed lane closure a changeable message sign at the limits of each closure or as specified by the Engineer. These changeable message signs shall also be used on the day of the actual closure. The changeable message signs shall indicate the days and hours of the proposed lane closure and the type of work being done during that lane closure.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 74 Flashing arrow signs shall be used for all lane closures. The Contractor shall check with the Engineer to confirm any lane closure restrictions that may be in effect before closing any lanes.

The Contractor shall leave the streets open to traffic until just prior to starting the work, and will provide all barricades, signs and traffic control measures necessary to protect the work.

No work that interferes with public traffic shall be performed outside of the working hours, except as otherwise approved by the Engineer. All traffic lanes shall be open to traffic outside of the working hours.

A minimum of one paved, or surfaced traffic lanes and one paved bicycle lane, not less than fifteen (15) feet wide (10 foot wide for the traveled vehicle lane and 5 feet wide for the bicycle lane), shall be open for use by public traffic in each direction of travel. Traffic may not be routed over unpaved roadways unless authorized by the Engineer.

In addition, the full width of the traveled way on each street shall be open for public use on Saturdays and Sundays (except for those streets approved by the Engineer for weekend work), on designated legal holidays, and when construction operations are not actively in progress. Designated legal holidays are: January 1, the third Monday in January, the third Monday in February, June 19, the last Monday in May, July 4, the first Monday in September, the fourth Thursday of November, and December 25. When a designated holiday falls on a Saturday, the preceding Friday shall be treated as a legal holiday. When a designated holiday falls on a Sunday, the following Monday shall be treated as a legal holiday.

Deviations from the requirements of this section concerning hours of work, which do not change the cost of the work, may be permitted upon the written request of the Contractor, if in the opinion of the Engineer, the general public will be better served and the work expedited. Such deviations shall not be implemented until the Engineer has provided the Contractor with written approval to do so. All other modifications will be made by contract change order.

The Contractor shall pay the Town liquidated damages in the amount of $1,000 per hour (or part of an hour) for traffic control that is set-up before the designated and approved hours of work. Liquidated damages for failure to open streets by the required time shall be $1,000.00 per hour.

Traffic Control System for Lane Closure
A traffic control system shall consist of closing traffic lanes in accordance with the details shown on Caltrans Standard Plans T10, T10A, T11, T11A, T12, T13, T13A, and T13B as shown in Attachment B, the provisions of Section 12, “Temporary Traffic Control,” of the Standard Specifications, and these Contract Documents.

The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take measures as may be necessary to comply with the provisions of Section 7-1.04, “Public Safety,” of the Standard Specifications.

Each vehicle used to place, maintain and remove components of a traffic control system on multilane roads shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with a Type II flashing arrow sign not involved in placing, maintaining, or removing the components when operated within a stationary type lane closure shall only display the caution display mode. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion.

If any component of the traffic control system is displaced, or ceases to operate or function as specified from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component, and shall restore the component to its original location.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 75 When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavations adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations, approved by the Engineer.

Temporary Pavement Delineation
Temporary pavement delineation shall comply with these Technical Specifications and with Section 12-3, “Temporary Traffic Control Devices,” of the Standard Specifications, CA MUTCD, and these Contract Documents.

Property Access Requirements
The Contractor shall maintain property access to all residents and businesses at all times unless otherwise approved by the Engineer. Upon approval by the Engineer, access to certain properties may be temporarily closed if all of the following conditions can be met:

A. No options exist to maintain property access and complete the project.

B. The Contractor has discussed the closure with the resident or business owner in person.

C. Residents or business owners has been notified, in writing, at least five (5) calendar days in advance of the time and length of closure
D. Resident or business owners have been reminded of the closure, in writing, at least two (2) working days prior to the actual closure.

E. The Contractor has provided the resident or business with a contractor name and number to call with questions regarding the closure.

F. Closure will last no longer than three (3) working days Signalized Intersections
The Contractor shall be responsible for contacting and coordinating with the Town’s signal maintenance contractor for any work at signalized intersections. No additional working days will be given due to the Contractor for not scheduling the work with the Town’s signal maintenance contractor prior to the start of work.

8. Technical Specifications

8.1. Existing Facilities
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 “Existing Facilities,” of the Special Provisions, shall be included and paid for in the appropriate bid item price.

Bid Item #2 Adjust Frame and Grate to Grade Ea.

Bid Item #3 Adjust Utility Box to Grade Ea.

Bid Item #4 Adjust Water Meter Box to Grade Ea.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 76 Bid Item #5 Remove and Reinstall Bicycle Rack Ea.

General
Existing Facilities shall conform to Section 15, “Existing Facilities,” of the Standard Specifications, the Plans, and these Special Provisions.

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, bench marks, 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. 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, 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, 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 frame and grates, manholes, traffic signal boxes, handholes, utility covers, utility frames, utility boxes, water meter boxes, sewer cleanouts, 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 Special Provisions. 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

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 77 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.

Cherry Blossom Ln. and Blossom Hill Rd.

A new frame and grate shall be provided by the Town for the Contractor to install. The Contractor shall coordinate with the Engineer for picking up the materials at 41 Miles Ave. prior to installation.

8.2. Clearing and Grubbing
Measurement and Payment
Full compensation for furnishing all labor, material, tools, equipment and all incidentals for doing all other work involved in compliance with the Plans, Specifications, and "Clearing and Grubbing,” the Special Provisions, shall be included and paid for in the appropriate bid item price.

Bid Item #6 Clearing and Grubbing L.S.

General

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 78 Clearing, grubbing and removal of obstructions shall conform to Section 17.2, “Clearing and Grubbing,” of the Standard Specifications, the Plans, and these Special Provisions.

The work consists of removal of bushes, plants, and vegetation indicated on the plans; and removal and disposal or relocation/replacement of all other existing obstructions in the way of the improvements indicated on the Plans, Special Provisions, as directed by the Engineer, or as noted by the Contractor during the pre-bid site visit.

All existing improvements designated to be removed and replaced shall be replaced with like materials to match the existing improvements. Improvements designated to be removed and relocated shall not be damaged during the relocation. Those improvements that are damaged during removal and cannot be relocated will be replaced with like materials to match the existing improvements, at no additional cost to the Town.

All existing trees, bushes, vegetation, or other improvements not specifically identified on the Plans to be removed, reinstalled, or replaced to install new improvements shall remain in their original condition and location undisturbed.

The Contractor shall protect trees and shrubs to remain and their root systems from damage. The Contractor shall replace any damaged tree, shrub, or other existing improvement intended to remain at no expense to the Town.

The Contractor, at no cost to the property owner or Town, shall replace any irrigation system that is damaged by the Contractor’s operation. Replacement or repair shall occur within three (3) calendar days after damage has occurred.

Liquidated damages will be assessed in the amount of $1,000 for each calendar day that any sprinkler or irrigation system repair work remains incomplete beyond the three (3) days allowed. Any irrigation lines within the area of new improvements shall be relocated or removed and capped at the right of way line as directed by the Engineer.

Landscaping Obstruction
In the event that there are landscaping obstructions such as ivy, lawn, juniper branches, grass, or other encroaching vegetation, the Contractor shall trim or prune such obstruction only to the extent necessary to conduct the installation of improvements in the public right-of-way. Landscaping or other improvements outside the limits of work shall be protected by the Contractor and shall be replaced in kind if the Contractor’s operations damage the existing improvements. If the Contractor fails to comply in providing the necessary replacement as defined, the Engineer may elect to have the Town or contract forces perform all these duties 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.

Tree Trimming
If existing trees or shrubs, including median island plantings and private trees, encroach into the public right-of-way and threaten to obstruct the Contractor’s operation, the Contractor shall request permission to trim the existing trees or shrubs from the Town Arborist, at least five (5) working days prior to the date of scheduled tree trimming. All tree and shrub trimming must have prior approval of the Town Arborist and shall be performed by a Contractor possessing a C-27 or a D-49 license. If required, the Contractor shall obtain Tree Permits from the Parks and Public Works Department.

Tree permit fees shall be waived for the Town project. All costs for tree or shrub trimming and proper disposal shall be paid by the Contractor.

A special notice pertaining to the tree trimming shall be delivered to the adjacent home or business at least two working days before the tree is trimmed. The notice shall be reviewed and approved by the Engineer before delivery.

8.3. Concrete Improvements
Measurement and Payment

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 79 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 “Concrete Improvements,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #7 Remove and Replace Curb and Gutter L.F.

Bid Item #8 Remove and Replace Sidewalk S.F.

Bid Item #9 Remove and Replace Sidewalk (Villa
Hermosa)
S.F.

Bid Item #10 Remove Hardscape and Replace with Topsoil S.F.

Bid Item #11 Remove and Replace Residential Driveway
(Revocable)
S.F.

Bid Item #12 Remove and Replace Commercial Driveway S.F.

Bid Item #13 Install Detectable Warning Surface L.F.

Bid Item #14 Install New Curb and Gutter Ea.

Bid Item #15 Install New Sidewalk S.F.

Bid Item #16 Install Curb Ramp-Case B Ea.

Bid Item #17 Install Curb Ramp-Case B (Villa Hermosa) Ea.

Bid Item #18 Install Curb Ramp-Case C Ea.

Bid Item #19 Install Curb Ramp-Case C (Villa Hermosa) Ea.

Bid Item #20 Install Curb Ramp-Case F Ea.

Bid Item #21 Install Curb Ramp-Case G Ea.

Bid Item #22 Install New Curb Ramp-Type A Passageway Ea.

Bid Item #23 Install New Curb Ramp-Type C Passageway Ea.

Bid Item #24 Remove Curb Ramp Ea.

Bid Item #A1.1 Install Caltrans Type A1-8 Curb L.F.

Bid Item #A1.2 Install Curb Ramp-Case A Ea.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 80 General
The work described herein this section shall comply with Section 73, “Concrete Curbs and Sidewalks,” and Section 90 “Portland Cement Concrete,” of the Standard Specifications, the Plans, and these Special Provisions. New improvements shall be constructed in accordance to the detail sheets found in Attachment B.

The work includes, but is not limited to the following: the removal and disposal of existing concrete sidewalk, curb and gutter, curb ramp, pedestrian handrail and adjacent asphalt pavement and base material; the installation of Class 2 aggregate base; grading; compacting; installation of dowels; installation of rebar; installation and finishing of concrete sidewalk, curb, gutter, and driveway approach improvements; installation of topsoil; and the installation of the adjacent asphalt pavement restoration next to the adjacent curb and gutter, curb ramp, driveway approach, and sidewalk locations.

The installation of curb ramps shall include the installation of adjacent monolithic curb and gutter, necessary retaining curbs, and other replacement concrete improvements including but not limited to sidewalk and curb and gutter to the nearest joint or up to 10 feet on either side of the ramp to conform to the ramp, curb and gutter, rolled curb and gutter transitions, etc., abutting new curb ramps leading to the next score mark, and the installation of the detectable warning surface. The installation of the driveway approach shall include all necessary concrete improvements, including the curb, gutter, and sidewalk, located within the driveway approach limits.

The curb and gutter portion located within the limits shall be included in the price of driveway approach or curb ramp item.

Concrete for curb and gutter and sidewalks shall meet a minimum compressive strength of 3,000 psi at seven (7) days.

Concrete for driveways and the portion of curb and gutter adjacent to the driveway shall have a minimum compressive strength of 4,000 psi at three (3) days (high-early strength).

New improvements shall be constructed within the footprint of the existing improvement unless otherwise directed by the Engineer.

Painted curbs removed and replaced by the Contractor shall be repainted at the Contractor’s expense. Curbs and gutters, sidewalks, and curb ramps shall be constructed to the Town’s standards including specified Class 2 aggregate base compacted to 95%.

The limits of removal and replacement of new curb and gutter, curb ramp, driveway, and sidewalk installation are found in the Project Plans found in Attachment A. All facilities shall meet current ADA requirements. The curb ramp pay item shall include all the sidewalk and curb and gutter removal, subgrade and base, installation of new sidewalk, curb and gutter, and curb ramp, including detectable warning surface, within the limit of the new curb ramp as shown in the Plans, unless otherwise indicated, and shall be included in the cost per each curb ramp installation and no additional compensation shall be allowed therefore.

Curb and gutter, curb ramp, driveway, and sidewalk removal and replacement shall be marked in the field by the Engineer and shall be confirmed by the Contractor prior to its removal and replacement.

Layout for the curb ramps shall be marked in the field by the Contractor and shall be reviewed by the Engineer prior to its removal and replacement.

The Contractor shall give the Engineer a minimum of one week’s notice prior to actual removal and replacement of any concrete improvements. The limits of all removal and replacement shall be from score mark to score mark unless otherwise approved by the Engineer.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 81 At locations where trees have been identified to be removed or have stump grinding, the Contractor shall give the Engineer a minimum of 24-hour notice prior to any concrete work is performed. The Town's contractor will remove trees, including tree roots and stumps, of the identified trees prior to the Contractor starting work at that location.

Replacement of concrete curb and gutter and sidewalk that is removed to the score mark from the edges of the curb ramp or driveway shall be considered as part of the new curb ramp or driveway installation and therefore shall be paid for under the associated curb ramp or driveway bid items as specified in these Special Provisions.

The subgrade for sidewalks, driveways, aprons, curb ramps, and similar structures below the aggregate shall be compacted to a relative compaction of 95 percent for a depth of 0.5 foot. The subgrade for curb and gutter below the aggregate shall be compacted to a relative compaction of 95 percent for a depth of 0.75 foot. Subgrade prep for concrete improvements shall be paid for under the appropriate bid items for concrete improvements.

Aggregate base for sidewalk, curb and gutter, and curb ramps shall be Class 2, 3/4” maximum and shall conform to the provisions in Section 26, “Aggregate Bases,” of the Standard Specifications, the Plans, and these Special Provisions.

Existing aggregate base shall be removed from the construction area and shall not be used as backfill material. The cost for aggregate base shall be included in the pay items for sidewalk, curb and gutter, and curb ramp and no additional compensation will be allowed therefore.

New improvements shall not be placed until forms and compaction requirements are inspected and approved by the Engineer. If new concrete improvements are not to the Town’s standards and existing conforms are damaged due to new concrete installation, the Contractor shall repair, remove, or replace the deficiency at the Contractor’s sole expense.

Portland Cement Concrete shall contain 1 lb. (min.) lamp black per cubic yard. The Contractor shall supply the Town a certificate of compliance that the concrete used on the project meets the required standard specifications. Driveways and adjacent improvements shall meet ADA requirements.

At locations where the sidewalk, curb and gutter, and curb ramps connect with existing improvements, steel dowels shall be installed. Dowels shall be 12” long, #4, grade 60, steel reinforcing bars or as indicated on the Plans. Dowels shall be firmly placed into existing improvement with a six-inch (6”) embedment. Dowels shall be installed prior to placing new sidewalk, curb and gutter, and curb ramp.

Where rolled curb exists, curb ramp installation shall contain curb transitions not less than 10 feet long at both ends of the ramp.

Curb and gutter to be replaced, which are a part of the curb ramp or driveway approach, shall be constructed monolithically with a straight grade between existing improvements to remain. Flowlines for the curb and gutter and for curb and gutter attached to a curb ramp or driveway approach shall be verified and flow tested by the Contractor in the presence of the Engineer and shall be free from ponding prior to acceptance of the improvements. The Contractor shall replace new concrete improvements if the said improvements do not conform to the designed flowline.

New curb ramps shall be constructed to match the existing grade of the existing improvements that are to remain and shall be in compliance with the details found in the Plans and these Special Provisions.

The Contractor shall install 4” PVC (schedule 40) pipe, caps, and markers for irrigation within the parking strip at locations directed by the Engineer. The work and materials required to place the irrigation sleeves shall be deemed included in the price paid for other contract items and no additional compensation shall be allowed therefore.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 82 New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore.

Materials Testing and Inspection
The Contractor shall coordinate with the Town to schedule materials testing and inspections for base rock compaction, concrete placement, and for other operations as instructed by the Engineer. The Contractor shall notify the Engineer, at minimum 72 hours in advance, of when compaction testing and concrete sampling for concrete pours are to be scheduled. Materials testing may occur daily during the duration of the project.

Detectable Warning Surface
The Contractor shall install detectable warning surfaces on all new curb ramps or onto existing curb ramps as indicated on the Plans. The color of the detectable warning surface shall match yellow color No. 33538 of AMS-STD-595. The minimum detectable warning surface shall be 4 feet wide by 3 feet deep or as specified in the Caltrans Standard Plans.

Installation of the detectable warning surface on new ramps or passageways shall be included in the appropriate bid item and no additional compensation shall be allowed therefor.

For existing curb ramps, the detectable warning surface shall be cast-in-place and shall not be surface applied. The Contractor may be required to remove the concrete surface beyond the required detectable warning surface depth to conform to the landing. The limits of removal shall be field verified with the Engineer prior to saw cutting and shall be included in the appropriate bid item price and no additional compensation shall be allowed therefor.

Villa Hermosa Sidewalk
Locations of work located within the Downtown Commercial Areas are required to adhere to the Villa Hermosa sidewalk requirement. The Villa Hermosa area map and sidewalk standard are located in Appendix B. Bricks located within the curb ramp or sidewalk limits shall be included in the appropriate bid item and no additional compensation shall be allowed therefor. The bricks for Villa Hermosa pattern concrete sidewalk and curb ramps shall be McNear wire cut red solid jumbo bricks (3.5”x3.5”x11.5”) or as approved by the Engineer. The Contractor shall submit the bricks to the Engineer for approval.

The Contractor shall give the Engineer a minimum of one week’s notice prior to actual removal and replacement of any concrete improvements located within the Villa Hermosa area. The limits of all removal and replacement shall be from score mark to score mark unless otherwise approved by the Engineer.

Bricks located within the replaced Villa Hermosa sidewalks and curb ramps shall be new and placed to match the existing grades. The subgrade shall be compacted to 95% and the base placed per Town Standards.

The Contractor shall work to protect all bricks to remain adjacent to and located outside the remove and replace limits.

Any bricks that are damaged due to the Contractor’s operations and not marked by the Engineer prior for removal and replacement shall be replaced to the Engineer's satisfaction and at the Contractor's sole expense.

Hot Mix Asphalt Pavement Restoration
The hot mix asphalt pavement restoration adjacent to the curb and gutter, curb ramps, driveways, and sidewalk installations will be a minimum of 24-inches wide on all sides where the adjacent concrete is replaced. The Contractor shall remove a minimum depth of 8 inches or to the top of the native soil, whichever is greater. The replaced hot mix asphalt will be 4 inches thick, on top of a minimum of 4 inches of class 2 aggregate base, compacted to a relative compaction of 95% per the Town Standard Drawings. Compaction shall be achieved using a vibratory plate compactor.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 83 The paving asphalt shall be PG 64-10. A tack coat of undiluted SS1h emulsified asphalt shall be placed on all exposed HMA and concrete surfaces prior to the placement of the new asphalt section.

The Contractor may elect to perform a 12-inch wide asphalt restoration that will be filled with 6 inches of a 2-sack sand/cement slurry and 2-inches of ½-inch, Type A hot mix asphalt. The Contractor may not place the new hot mix asphalt until the slurry cures and is approved by the Engineer to proceed with the final 2-inch asphalt lift.

The final, top layer of hot mix asphalt adjacent to the curb and gutter shall be ½-inch HMA, Type A, compacted to a relative compaction of 95%, and placed in two, 2-inch lifts. The Contractor is required to use a twin drum, 2.5-ton vibratory roller for compaction of the final lift of hot mix asphalt.

The hot mix asphalt pavement restoration for curb and gutter, curb ramps, driveways, and sidewalk shall be paid for under the associated bid items and shall comply with these Special Provisions. The area of any pavement restoration work will not be measured as part of the pay items. Any hot mix asphalt restoration required to conform to existing improvements beyond the limits outlined shall be paid for in the appropriate bid item price.

The Contractor shall ensure that connections to existing or previously laid surfacing shall conform to the requirements of surface smoothness under the Standard Specifications or the Contractor shall correct all these deficiencies to the satisfaction of the Engineer. The Engineer’s decision whether the Contractor has met the requirements of surface smoothness shall be final.

8.4. Traffic Stripes, 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 Special Provisions shall be measured and paid for in the appropriate bid item price.

Bid Item #25 Paint Red Curb (Revocable) L.F.

General
Traffic stripes (traffic lines) and pavement markings (legends) shall conform to the following: Provisions of Section 84 of the Standard Specifications, the CA MUTCD, the striping tie out plans as generated by the Contractor and approved by the Engineer under Section 10-1.02D, “Pavement Marker, Thermoplastic Marking and Striping Removal,” of the Standard Specifications. 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 have been 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.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 84 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 Section 81, “Miscellaneous Traffic Control Devices,” of the Standard Specifications, the CA MUTCD, and these Special Provisions. 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 Special Provisions.

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).

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. The certificate of compliance 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 Special Provisions.

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 mc/m2/lux. Yellow thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 150 mcd/m2/lux.

The color for green back symbols shall meet FHWA specifications for “green.”

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 85 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 luxmarks, 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, rubber chip seal, or micro surfacing). Longitudinal limit lines 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 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 lb./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 inch thick. Apply glass beads to the surface of the molten thermoplastic at a rate of at least 8 lb./100 sq. ft.

8.5. Root Prune and Root Barrier Installation
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 Section titled “Root Prune and Root Barrier Installation,” of the Technical Specifications, shall be included and paid for in the appropriate bid item price.

Bid Item #26 Root Prune and Install Root Barrier L.F.

General
The work covered by this section includes all work, equipment, and materials necessary to root prune trees and install root barriers as directed by the Town Engineer. This includes saw cutting or other acceptable methods of cutting roots, to a depth of 18 inches, and for a length of up to 14 feet total, 7 feet on each side from center. Cut roots and contaminated base and subbase shall be removed within the limits prescribed. Any roots 2 inches or larger shall be cut with a Sawzall or equivalent. The Contractor shall install root barriers at all root prune sites per Town Standard Plan No. 234 and 235. The Contractor shall submit the root barrier for review and approval.

A special notice pertaining to the tree trimming shall be delivered to the adjacent home or business at least two working days before the tree is trimmed. The notice shall be reviewed and approved by the Engineer before delivery.

ITEM NO. 5.
undefined #25-813-9921
Title: 2026 Annual Curb, Gutter, and Sidewalk Maintenance 86 When large tap roots are exposed, the Contractor shall provide at least two (2) working days for the Engineer and Town Arborist to decide on the length of the root pruning. Should the Engineer and Town Arborist decide that root pruning will severely impact the tree and the tree should be removed, the Contractor shall provide ten (10) additional working days after the tree has been initially posted for removal for appropriate notification. During the public notification period, the Contractor shall not root prune the tree until notified by the Engineer.

The Contractor shall take every precaution necessary to protect and preserve the tree trunk during root pruning. Should the Town Arborist find that the tree trunk was damaged by the Contractor to the extent that the life of the tree is jeopardized, the Contractor shall replace the tree and the Contractor’s sole expense.

8.6. 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 #27 Remove Sign and Post Ea.

Bid Item #28 Remove and Reinstall Sign and Post Ea.

Bid Item #29 Remove and Reinstall Sign on New Post Ea.

Bid Item #30 Install New Sign on New Post Ea.

General
Work shall conform to Section 56, “Signs,” of the Standard Specifications, the Plans, the CA MUTCD, and these Special Provisions 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.

ITEM NO. 5.

Attachment A
Locations of Work

ITEM NO. 5.

LOCATIONS OF WORK
#25-813-9921 2026 Annual Curb, Gutter, and Sidewalk Maintenance No. Street Name
Curb Ramp
Location
Install Curb
Ramp Type
Adjust
Frame and
Grate to
Grade (Ea.)
Adjust
Utility Box
to Grade
(Ea.)
Adjust
Water
Meter Box
to Grade
(Ea.)
Remove and
Reinstall
Bicycle Rack
(Ea.)
R&R Curb
and Gutter
(L.F.)
R&R
Sidewalk
(S.F.)
R&R
Sidewalk
(Villa
Hermosa)
(S.F.)
Remove
Hardscape and
Replace with
Topsoil (S.F.)
R&R
Commercia
l Driveway
(S.F.)
Install
Detectable
Warning
Surface (Ea.)
Install New
Curb and
Gutter
(L.F.)
Install New
Sidewalk
(S.F.)
Remove
Curb Ramp
(Ea.)
Remove
Sign and
Post (Ea.)
Remove and
Reinstall
Sign and
Post (Ea.)
Remove and
Reinstall
Sign on New
Post (Ea.)
Install New
Sign on New
Post (Ea.)
Albert Dr at Albert Ct NE Corner F
Albert Dr at Albert Ct SE Corner F
105 Albert Ct 175
117 Albert Ct 40
298 Albert Dr 50
301 Albert Dr 50
Alberto Wy (at 445 Alberto Wy) NW Corner B
Alberto Wy (at 445 Alberto Wy) SW Corner G
Alberto Wy (at 445 Alberto Wy) NW Corner G
Alberto Wy (at 445 Alberto Wy) SW Corner B
Alberto Wy (between 435 Alberto Wy
and 439 Alberto Way) NW Corner G
Alberto Wy (between 435 Alberto Wy
and 439 Alberto Way) SW Corner G
Alberto Wy and Cuesta De Los Gatos
(near 100 Cuesta) NE Corner F
Alberto Wy and Cuesta De Los Gatos
(near 100 Cuesta) SE Corner F
Alberto Wy and Cuesta De Los Gatos
(near 198 Cuesta) NE Corner F
Alberto Wy and Cuesta De Los Gatos
(near 198 Cuesta) SE Corner C 1
Alberto Wy at Saratoga-Los Gatos Rd
(Hwy. 9) NE Corner C 2
Alberto Wy at Saratoga-Los Gatos Rd
(Hwy. 9) NW Corner C 1
441 Alberto Way 100
453 Alberto Way 136
498 Bird Ave 10
491 Bird Ave 5
Bird Ave (491 Woodland Avenue) 10
800 Blossom Hill Rd (at the corner of
Cherry Blossom Ln) SW Corner 1
Brooklyn Av (17 Pleasant St) SW Corner G 80 16 1
99 Calfhill Ct 100
101 Calfhill Ct 40
841 Cherrystone Dr 200
Chester St at Bird Av SW Corner B
Chester St at Wraight Av SE Corner G
Chester St at Wraight Av SW Corner B
56 Chester St 30
66 Chester St 22
54 Chester St 4
47 Chester St 20
59 Chester St 25
Chester St (500 University Ave) 30 150
Church St at E Main St NE Corner B (Villa
Hermosa) 1 20 140
Church St at Mill St NE Corner G
Church St at Mill St NW Corner G

ITEM NO. 5.

LOCATIONS OF WORK
#25-813-9921 2026 Annual Curb, Gutter, and Sidewalk Maintenance No. Street Name
Curb Ramp
Location
Install Curb
Ramp Type
Adjust
Frame and
Grate to
Grade (Ea.)
Adjust
Utility Box
to Grade
(Ea.)
Adjust
Water
Meter Box
to Grade
(Ea.)
Remove and
Reinstall
Bicycle Rack
(Ea.)
R&R Curb
and Gutter
(L.F.)
R&R
Sidewalk
(S.F.)
R&R
Sidewalk
(Villa
Hermosa)
(S.F.)
Remove
Hardscape and
Replace with
Topsoil (S.F.)
R&R
Commercia
l Driveway
(S.F.)
Install
Detectable
Warning
Surface (Ea.)
Install New
Curb and
Gutter
(L.F.)
Install New
Sidewalk
(S.F.)
Remove
Curb Ramp
(Ea.)
Remove
Sign and
Post (Ea.)
Remove and
Reinstall
Sign and
Post (Ea.)
Remove and
Reinstall
Sign on New
Post (Ea.)
Install New
Sign on New
Post (Ea.)
111 Church Street 145 1
110 Church Street 25 175
Cooper Ct at University Av NE Corner F
Cooper Ct at University Av SE Corner F
140 Escobar Ave SW Corner F
Fisher Ave at Nino Ave NE Corner B 20 100
Fisher Ave at Mitchell Ave 21 470 1 1
19195 Fisher Ave 270
Fisher Ave ( Building 9 - 16345 Los
Gatos Boulevard) 20
Fisher Ave ( Building 10 - 16345 Los
Gatos Boulevard) 10
Fisher Ave ( Building 11 - 16345 Los
Gatos Boulevard) 30
High School Ct at Church St NW Corner B
High School Ct at Church St SW Corner C (Villa
Hermosa)
20 High School Ct (on High School Ct) 255
16735 Lark Ave (on Lark Ave) 1 1 100 1,200 150 1
Los Gatos Almaden Rd at Chirco Dr NW Corner B
Los Gatos Almaden Rd at Chirco Dr NW Corner Type C
Passageway
Los Gatos Almaden Rd at Chirco Dr SW Corner B
Lundy Ln at W Main St NE Corner B (Villa
Hermosa)
Lundy Ln at W Main St NW Corner B (Villa
Hermosa)
Lundy Ln at W Main St NE Corner F
101 Mary Ave SW Corner B 45 350 130
Nino at Fisher (S/E Corner) 20 50 1
Nino Ave at Los Gatos Blvd NE Corner B
Nino Ave at Los Gatos Blvd SE Corner B
Nino Ave (Building 44 - 16345 Los
Gatos Boulevard) 30
Nino Ave (Building 45 - 16345 Los
Gatos Boulevard) 40
Nino Ave (16445 Los Gatos Boulevard) 725
504 Nino Ave 110
500 Nino Ave 40
Ohlone Ct at Roberts Rd W NE Corner C
Ohlone Ct at Roberts Rd W SE Corner G
128 Ohlone Ct 50
Park Ave (between 18 Park Ave and 20
Park Ave)
C (Villa
Hermosa) 150
18 Park Ave 120
Roberts Rd East at Cilker Ct NE Corner F
Roberts Rd East at Cilker Ct NW Corner F
Roberts Rd East at Fisher Ave NW Corner F
Roberts Rd East at Los Gatos Blvd NW Corner B

ITEM NO. 5.

LOCATIONS OF WORK
#25-813-9921 2026 Annual Curb, Gutter, and Sidewalk Maintenance No. Street Name
Curb Ramp
Location
Install Curb
Ramp Type
Adjust
Frame and
Grate to
Grade (Ea.)
Adjust
Utility Box
to Grade
(Ea.)
Adjust
Water
Meter Box
to Grade
(Ea.)
Remove and
Reinstall
Bicycle Rack
(Ea.)
R&R Curb
and Gutter
(L.F.)
R&R
Sidewalk
(S.F.)
R&R
Sidewalk
(Villa
Hermosa)
(S.F.)
Remove
Hardscape and
Replace with
Topsoil (S.F.)
R&R
Commercia
l Driveway
(S.F.)
Install
Detectable
Warning
Surface (Ea.)
Install New
Curb and
Gutter
(L.F.)
Install New
Sidewalk
(S.F.)
Remove
Curb Ramp
(Ea.)
Remove
Sign and
Post (Ea.)
Remove and
Reinstall
Sign and
Post (Ea.)
Remove and
Reinstall
Sign on New
Post (Ea.)
Install New
Sign on New
Post (Ea.)
Roberts Rd East at Serra Ct SE Corner G
Roberts Rd East at Serra Ct SW Corner G
Roberts Rd (16206 Los Gatos Blvd) 10 385
16945 Roberts Rd 30 385
16965 Roberts Rd 120
859 University Ave 100 1,620
Woodland Ave (East Curb) 340
489 Woodland Ave 140 50
Woodland Av at Saratoga-Los Gatos Rd
(Hwy. 9) NE Corner C
41 Woodland Ave (41 Chester St) 74
Wraight Av at Saratoga-Los Gatos Rd
(Hwy 9) NW Corner C
Wraight Av at Saratoga-Los Gatos Rd
(Hwy 9) NE Corner
Type A
Passageway
467 Wraight Ave 3 72
470 Wraight Ave 35
484 Wraight Ave 30
492 Wraight Ave 5
494 Wraight Ave 10
411 Miles Ave 135 700
Total: 1 8 1 1 1,526 8,087 120 130 535 0 80 66 2 1 1 1 1

ITEM NO. 5.

Attachment B
Standard Plans

ITEM NO. 5.

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ITEM NO. 5.

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ITEM NO. 5.

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ITEM NO. 5.
18" 18"
1/4"
1 1/2" 6"
NOTES:

1. EXPANSION JOINTS WITH 1/2" x 12" SLIP.

2. DOWELS AT 20 FEET INTERVALS.

3. CONCRETE SHALL BE CLASS A.

4. ALL CONCRETE SHALL INCLUDE ONE (1)

POUND OF LAMP BLACK PER CUBIC YARD
OF CONCRETE.

AGGREGATE BASE CLASS II 95%
MAX. COMPACTION ASTM D1557
6"

NOT TO SCALE
6"
3"
NO 4 REBAR

ITEM NO. 5.

ITEM NO. 5.

PLAN VIEW 6" VARIES 1'MIN. 6' MIN. 5' MIN.
4' MIN.
1' 1/2" DIA BLACK RUBBER HOSE
(3) 2" DIAMETER PRESSURE TREATED
12 GA. WIRE, TWIST TO TIGHTEN

SHOVEL CUT ALL SIDES OF PIT
2" DEPTH MULCH AS SPECIFIED

RECOMPACTED NATIVE SOIL

PLANTING MIX
1'
PULL BURLAP OFF TOP 1/3

OF ROOT BALL

CENTER TREE IN PIT
3" WATER BASIN
POLES - TYP.

TYP.

BY PARKS SUPERINTENDENT.

TREE TYPE SHALL BE DETERMINED
NOTES
NOT TO SCALE 6" MAX BELOW MAIN FORK OR BRANCH 18" ROOT BARRIER PLANT TREES 4" HIGHER THAN DEPTH AT
WHICH GROWN IN NURSERY. AVOID
DAMAGE TO ROOTS. AVOID ROOTBALL
WHEN PLACING STAKES.

ITEM NO. 5.
of large roots will encourage new roots initiating at the cuts.

TREE SPECIFICATIONS
All planting stock must must have the approval of the Town Arborist.

Any exception to the above must be approved by the Town Arborist.

Minimum spread of 2 - 3 feet.

CALIPER: 1-1/2 inches, measured 6 inches from the base.

HEIGHT: 7 - 8 feet high planted in the ground.

All 15 gal. trees must meet the following minimum specifications:

Use the remaining native soil to create a basin appropriate shovel handle as you fill. Be careful not to disturb the Fill around the rootball with backfill and pack the soil with the of the rootball. Do not pull the rootball apart. The severing compacted, carefully loosen the roots at the side and bottom with sharp shears or knife. If the rootball is dense or it from below. Sever any circling roots (3/16 inch or greater) Remove the rootball carefully from the container by supporting spacing. Tablets shall be 21 grams each with a guaranteed Place 3 Agriform Planting Tablets per tree at equidistant Fill hole with the backfill mix to a level 1 inch below the curb.

Ag. mix shall be combined with existing soil, 1/3 mix, 2/3 and replaced with U.C. Ag. mix or approved equivalent. U.C.

The existing soil area is to be removed to a depth of 2 feet Provide a 6 inch minimum clearance all around the rootball. deep as the container in which the plant was delivered.

Dig the hole twice as large in diameter and 1-1/2 times as

PLANTING SEQUENCE
native soil.
to the site.
rootball itself.
test analysis of 20-10-5.

7. 6.

5. 4.

3. BRANCHING NEED:

2. 1.

3. 1.

2.

ITEM NO. 5.



CONCRETE
POUR
36"
7/16" PUNCHED

KNOCKOUTS

TWO OPPOSITE
SIDES FROM 7'
ABOVE

SIDEWALK
TAMPER

PROOF DRIVE

RIVET (TYP)
18"
7'-
0" MI
N
(SEE STD. PLAN 448
SQ. TUBE SLEEVE
SQ. TUBE ANCHOR

FILLET WELD ALL AROUND
2 1/2" x 2 1/2" x 12 GA
2 1/4" x 2 1/4" x 12 GA

END CUT

PENETRATOR

FOR SIGN POST NOTES)

DRIVE RIVETS
2 TAMPER PROOF
6"

STEEL POST
1 3/4" SQ. GALVANIZED
6" MIN.

SIGN
D
SIGN
30" SELE
CT P
U
N
CHED
ON B
OTH
SIDE
S

SIGN INSTALLATION
DETAIL
E
SIGN

 
 

  Page 160
ITEM NO. 5.

PER M.U.T.C.D.

INSTALLATION.

NOTES:

SHALL BE AS SHOWN ON THE PLANS AND
THE NEAR EDGE OF SIGN. SIGN LOCATION CLEARANCE FROM THE FACE OF CURB TO GRADE, OR TOP OF CURB, AND A 2' LATERAL

THE NEAR EDGE OF SIGN TO THE SIDEWALK
2 SIGNS SHALL HAVE A MIN. HEIGHT OF 7' FROM

CORE DRILLED BEFORE ATTEMPTING SIGN
1 SIDEWALKS AND PAVED AREAS SHALL BE
EQUIVALENT. POST SHALL BE POWDER-COATED BLACK. (ASTM A70 GRADE 33) OR APPROVED SELECT PUNCH TYPE GALVANIZED STEEL 4 ALL TUBING MATERIAL SHALL BE "ULTI-MATE"
a. REGULATORY AND WARNING SIGNS SHEETING
BY 3M TRAFFIC CONTROL MATERIALS DIVISION.
3 REFLECTIVE SHEETING SHALL BE MANUFACTURED
SHALL BE 3M DIAMOND GRADE VIP TYPE
MATERIAL OR EQUIVALENT. SIZE OF SIGNS SHALL BE NO
LESS THAN 30x30 UNLESS SPECIFIED BY THE TOWN
ENGINEER.

SIGN POST NOTES:

CONFORMING TO STANDARD SPECIFICATIONS FOR STEEL
5 TUBING SHALL BE ROLL FORMED FROM STEEL
SHEET, A.S.T.M. DESIGNATION A653-94, STRUCTURAL QUALITY, GRADE 50 MODIFIED TO GRADE 55.

TREATMENT FOR ENHANCED CORROSION PROTECTION.
6 MATERIAL SHALL BE HOT-DIP GALVANIZED (ZINC COATED),
COATING DESIGNATION G-90, WITH ADDED CHEMICAL
(

AND WELDED SO AS THE WELD FLASH DOES NOT
TUBING, CAREFULLY FORMED FROM 14 GA. STEEL SHEET
7 THE CROSS SECTION OF THE POST SHALL BE SQUARE
INTERFERE WITH THE TELESCOPING PROPERTIES. SIZE OF
8 HOLE DIAMETER SHALL BE 7/16" (PLUS OR MINUS 1/64")
ON 1" CENTERS ON TWO OPPOSITE SIDES. HOLES SHALL BE ()

ON CENTERLINE OF EACH SIDE IN TRUE ALIGNMENT AND
OPPOSITE TO EACH OTHER. TOLERANCE ON THE HOLE SPACING IS PLUS OR MINUS 1/8" IN 20'. FIRST SET OF HOLES SHALL BE 1/2" FROM THE TOP OF THE ANCHOR. ANCHOR SHALL HAVE EITHER 6 OR 12 SETS OF HOLES. THE BOTTOM OF THE ANCHOR SHALL HAVE A PENETRATOR POINT.

POST SHALL BE 1.75" x 1.75".
9 CONCRETE SHALL BE POURED AROUND POST.

 
 



ITEM NO. 5.

Attachment C
Sample Contract

ITEM NO. 5.

Contract
This public works contract (“Contract”) is entered into by and between the Town of Los Gatos (“Town”) and _______________________________________ (“Contractor”), for work on the <Project Title> (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On _____________, 20___, Town authorized award of this Contract to Contractor for the amount set forth in Section 4, below. Town has elected to include the following Project alternate(s) in the Contract:
______________________________________ <If the bid documents request bid alternates and Town elects to include alternates in the Contract, identify the additive or deductive alternates. If the Contract does not include alternates, write “No alternates” in the space above.>

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed;

2.13 Locations of Work (Appendix A); and

2.14 Standard Plans (Appendix B); and

2.15 The 2010 Caltrans Standard Specifications, as revised.

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional

ITEM NO. 5.
and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, Town will pay Contractor $___________________ (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 Working Days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, Town will assess liquidated damages in the amount of $XXXX per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from Town’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. Town may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that

ITEM NO. 5.
code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any Town ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of Town and are not entitled to participate in any health, retirement, or any other employee benefits from Town.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file.

Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

Town:

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

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

Name: _____________________________________
Address: ___________________________________
Town/State/Zip: _______________________________
Phone: _____________________________________
Attn: _______________________________________
Email: ______________________________________
Copy to: ____________________________________

12. General Provisions.

ITEM NO. 5.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without Town’s written consent. This Contract is binding on Contractor’s and Town’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between Town and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.]

ITEM NO. 5.

The parties agree to this Contract as witnessed by the signatures below:

TOWN: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

ITEM NO. 5.

Attachment D
Blueprint for a Clean Bay

ITEM NO. 5.

Blueprint for a Clean Bay
Best Management Practices to Prevent Stormwater
Pollution from Construction-Related Activities
The Bay Area Stormwater Management Agencies Association (BASMAA), a consortium of Bay Area municipalities from Alameda, Contra Costa, Marin, San Mateo, Santa Clara, Solano, and Sonoma Counties, developed this booklet as a resource for all general contractors, home builders, and subcontractors working on construction sites.

ITEM NO. 5.
1 Introduction...............................................................................................................................

Stormwater Pollution.....................................................................................................

Storm Drain System
Pollution From Construction Sites
Adverse Effects from Stormwater Pollution
Requirements for Dischargers.............................................................................

Municipal Stormwater Program
Projects Equal To Or Greater Than 1 Acre
California State Water Resources Control Board General Permit Notice of Intent (NOI)
Storm Water Pollution Prevention Plan (SWPPP)
Projects Less Than 1 Acre
General Best Management Practices............................................................

Specific Best Management Practices
Erosion Prevention and Sediment Control ..................................................

Prevent erosion
Control sediment
General Site Maintenance.........................................................................................

Prevent spills and leaks
Clean up spills immediately after they happen
Store materials under cover
Cover and maintain dumpsters
Collect and properly dispose of paint removal wastes
Clean up paints, solvents, adhesives, and cleaning
solutions properly
Keep fresh concrete and cement mortars out of gutters,
storm drains, and creeks
Service and maintain portable toilets
Dispose of cleared vegetation properly
Demolition Waste Management..........................................................................

Make sure all demolition waste is properly disposed of
Roadwork and Pavement Construction....................................................

Plan roadwork and pavement construction to avoid stormwater pollution Contaminated Ponded Stormwater, Groundwater,
and Soil Guidance .........................................................................................................

Look for ponded stormwater, groundwater, and/or soil contamination Take appropriate action

CONTENTS
2 2
3 3
4 6
9 9
10

ITEM NO. 5.
2 S
tormwater pollution is a national environmental
problem. In California, stormwater runoff is a
major source of water pollution. To help combat
the problems of stormwater pollution, federal and state governments have developed a program for monitoring and permitting discharges to municipal storm drain systems, creeks, and water bodies such as San
Francisco Bay.

Municipalities in the Bay Area are required by the
Clean Water Act to develop stormwater management
programs that include requirements for construction
activities. Your construction project will need to
comply with local municipal requirements. If your
construction activity will disturb one acre or more, you must also obtain coverage under the General
Construction Activity Permit (see Requirements for
Dischargers).

Blueprint for a Clean Bay is an introductory guide to
stormwater quality control on construction sites. It
contains several principles and techniques that you
can use to help prevent stormwater pollution. BASMAA
has developed this booklet as a resource for all general contractors, home builders, and subcontractors working on construction sites.

Blueprint for a Clean Bay is not a design manual or a
Stormwater Pollution Prevention Plan (SWPPP) (see
Requirements for Dischargers). For more information
on the General Permit, designing stormwater quality
controls, or producing a Stormwater Pollution
Prevention Plan, please refer to:
❏ the California Stormwater Quality Association
(CASQA) Stormwater Best Management Practice
Handbook for Construction,
❏ the Regional Water Quality Control Board’s
(RWQCB) Guidelines for Construction Projects, or
❏ consult your local program or the State Water
Resources Control Board (SWRCB) (see below).

Please note that this booklet is concerned only with
the management of construction sites and activities
during construction.

Storm Drain System
Stormwater or runoff from sources like sprinklers and
hoses flows over the ground into the storm drain
system. In the San Francisco Bay Area, storm drain
systems consist of gutters, storm drains, underground
pipes, open channels, culverts, and creeks. Storm
drain systems are designed to drain directly to the
Bay, Delta, or Pacific Ocean with no treatment.

Pollution From Construction Sites
Stormwater runoff is part of a natural hydrologic process. However, land development and construction activities can significantly alter natural drainage patterns and pollute stormwater runoff. Runoff picks up pollutants as it flows over the ground or paved areas
and carries these pollutants into the storm drain
system. Common sources of pollutants from construction sites include: sediments from soil erosion; construction materials and waste (e.g., paint, solvents, concrete, drywall); landscaping runoff containing fertilizers and pesticides; and spilled oil, fuel, and other fluids from construction vehicles and heavy equipment.

Adverse Effects from Stormwater
Pollution
Stormwater pollution is a major source of water pollution in California. It can cause declines in fisheries, damage habitats, and limit water recreation activities.

Stormwater pollution poses a serious threat to the
overall health of the ecosystem.

For more information on stormwater requirements, call the State Water Resources Control Board’s Stormwater Information Line at (916) 341-5537 or your local program.

Introduction Stormwater Pollution

ITEM NO. 5.
3 For more information on the General Permits, call the State Water Resources Control Board’s Stormwater Information Line at (916) 341-5537 or your local program.

Municipal Stormwater Program
Municipalities in the Bay Area are required by federal
regulations to develop programs to control the discharge of pollutants to the storm drain system, including the
discharge of pollutants from construction sites and areas of new development or significant redevelopment. As a
result, your development and construction projects are
subject to new requirements designed to improve
stormwater quality such as, expanded plan check and
review, contract specifications, stormwater treatment
measures, runoff monitoring, and increased site
inspection. For more information on municipal requirements, please contact the municipal representative listed on the back cover of this booklet.

Projects Equal To Or Greater
Than 1 Acre
If your construction activity will disturb one acre or
more, you must obtain coverage under the General
Construc-tion Activity Storm Water Permit (General
Construction Permit) issued by the SWRCB for
stormwater discharges associated with construction
activity. To obtain coverage under the General Permit, a Notice of Intent (NOI) must be filed with the SWRCB.

The General Construction Permit requires you to
prepare and carry out a “Stormwater Pollution
Prevention Plan” or SWPPP. Your SWPPP must identify
appropriate stormwater pollution prevention measures or best management practices (BMPs), like the ones
described in this booklet, to reduce pollutants in
stormwater discharges from the construction site both
during and after construction is complete. A best
management practice or BMP is defined as any program,
technology, process, practice, operating method,
measure, or device that controls, prevents, removes, or reduces pollution. The General Permit also requires
permanent stormwater quality controls (see BASMAA’s
Start at the Source manual and CASQA’s BMP
Handbooks New Development and Redevelopment for
examples). You should keep a copy of your SWPPP
readily available onsite throughout construction.

Projects Less Than 1 Acre
If your project is less than one acre, you may still need to use BMPs to comply with local municipal requirements.

Check with the local stormwater program (listed on back cover), or planning or engineering department for details.

General Practices
The following are some general principles that can
significantly reduce pollution from construction
activity and help make compliance with stormwater
regulations easy:
❏ Identify all storm drains, drainage swales and
creeks located near the construction site and make
sure all subcontractors are aware of their locations
to prevent pollutants from entering them.
❏ Clean up leaks, drips, and other spills immediately
so they do not contact stormwater.
❏ Refuel vehicles and heavy equipment in one
designated location on the site and take care to
clean up spills immediately.
❏ Wash vehicles at an appropriate off-site facility. If equipment must be washed on-site, do not use
soaps, solvents, degreasers, or steam cleaning
equipment, and prevent wash water from entering
the storm drain. If possible, direct wash water to a
low point where it can evaporate and/or infiltrate.
❏ Never wash down pavement or surfaces where
materials have spilled. Use dry cleanup methods
whenever possible.
❏ Avoid contaminating clean runoff from areas
adjacent to your site by using berms and/or
temporary or permanent drainage ditches to divert
water flow around the site. Reduce stormwater
runoff velocities by constructing temporary check
dams and/or berms where appropriate.
❏ Protect all storm drain inlets using filter fabric
cloth or other best management practices to
prevent sediments from entering the storm
drainage system during construction activities.
❏ Keep materials out of the rain — prevent runoff pollution at the source. Schedule clearing or heavy earth moving
activities for periods of dry weather. Cover exposed piles of soil, construction materials and wastes with plastic sheeting or temporary roofs. Before it rains, sweep and remove materials from surfaces that drain to storm
drains, creeks, or channels.

Requirements for Dischargers Best Management Practices

ITEM NO. 5.
4 ❏ Keep pollutants off exposed surfaces. Place trash
cans around the site to reduce litter. Dispose of
non-hazardous construction wastes in covered
dumpsters or recycling receptacles.
❏ Practice source reduction — reduce waste by ordering only the amount you need to finish the job. ❏ Do not over-apply pesticides or fertilizers and
follow manufacturers instructions for mixing and
applying materials.
❏ Recycle leftover materials whenever possible.

Materials such as concrete, asphalt, scrap metal,
solvents, degreasers, cleared vegetation, paper,
rock, and vehicle maintenance materials such as
used oil, antifreeze, batteries, and tires are
recyclable (check with the local planning or
building department for more information).
❏ Dispose of all wastes properly. Materials that cannot be reused or recycled must be taken to an appropriate
landfill or may require disposal as hazardous waste.

Never throw debris into channels, creeks or into
wetland areas. Never store or leave debris in the
street or near a creek where it may contact runoff.
❏ Illegal dumping is a violation subject to a fine
and/or time in jail. Be sure that trailers carrying
your materials are covered during transit. If not,
the hauler may be cited and fined.
❏ Train your employees and inform subcontractors
about the stormwater requirements and their own
responsibilities.

Specific Practices
Following is a summary of specific best management
practices for erosion and sediment control and
contractor activities. For more information on erosion
and sediment control BMPs and their design, please
refer to the RWQCB Erosion and Sediment Control
Field Manual (August 2002), the CASQA Stormwater
Best Management Practice Handbook for Construction
(January 2003), and the Association of Bay Area
Governments (ABAG) Manual of Standards for Erosion
& Sediment Control Measures (May 1995).

Erosion Prevention and
Sediment Control
Prevent erosion
Soil erosion is the process by which soil particles are removed from the land surface, by wind, water and/or
gravity. Soil particles removed by stormwater runoff
are pollutants that when deposited in local creeks,
lakes, Bay or Delta, can have negative impacts on
aquatic habitat. Exposed soil after clearing, grading, or excavation is easily eroded by wind or water. The
following practices will help prevent erosion from
occurring on the construction site:
❏ Plan the development to fit the topography, soils,
drainage pattern and natural vegetation of the site.
❏ Delineate clearing limits, easements, setbacks,
sensitive or critical areas, trees, drainage courses,
and buffer zones to prevent excessive or
unnecessary disturbances and exposure.
❏ Phase grading operations to reduce disturbed
areas and time of exposure.
❏ Avoid excavation and grading during wet weather.
❏ Limit on-site construction routes and stabilize
construction entrance(s) and exit(s).
❏ Remove existing vegetation only when absolutely
necessary.
❏ Construct diversion dikes and drainage swales to
channel runoff around the site.
❏ Use berms and drainage ditches to divert runoff
around exposed areas. Place diversion ditches
across the top of cut slopes.

Best Management Practices

ITEM NO. 5.
❏ Plant vegetation on exposed slopes. Where
replanting is not feasible, use erosion control
blankets (e.g., jute or straw matting, glass fiber or
excelsior matting, mulch netting).
❏ Consider slope terracing with cross drains to
increase soil stability.
❏ Cover stockpiled soil and landscaping materials
with secured plastic sheeting and divert runoff
around them.
❏ As a back-up measure, protect drainage courses,
creeks, or catch basins with fiber rolls, silt fences,
sand/gravel bags and/or temporary drainage swales.
❏ Once grading is completed, stabilize the disturbed
areas using permanent vegetation as soon as possible.

Use temporary erosion controls until vegetation is
established.
❏ Conduct routine inspections of erosion control
measures especially before and immediately after
rainstorms, and repair if necessary.

Control sediment
Sedimentation is defined as the process of depositing
sediments carried away by runoff. Sediments
consist of soil particles, clays, sands,
and other minerals. The purpose of
sediment control practices is to remove
sediments from stormwater before they
are transported off-site or reach a
storm drain inlet or nearby creek. The
most effective sediment control
practices reduce runoff velocity and
trap or detain runoff allowing
sediments to settle out.
❏ Use terracing, rip rap, sand/gravel
bags, rocks, fiber rolls, and/or temporary vegetation on slopes to reduce runoff velocity and trap sediments.

Do not use asphalt rubble or other
demolition debris for this purpose.
❏ Use check dams in temporary
drains and swales to reduce runoff
velocity and promote sedimentation.
❏ Protect storm drain inlets from sediment-laden runoff. Storm drain inlet protection devices include
sand/gravel bag barriers, filter
fabric fences, block and gravel filters, catch basin
filter inserts, excavated drop inlet sediment traps, or a combination of these.
❏ Collect and detain sediment-laden runoff in
sediment traps (an excavated or bermed area or
constructed device) to allow sediments to settle out
prior to discharge.
❏ Use sediment controls and filtration to remove
sediments from dewatering discharges.
❏ Prevent construction vehicle tires from tracking
soil onto adjacent streets by constructing a temporary stone pad with a filter fabric underliner near the site exit where dirt and mud can be removed.
❏ When cleaning sediments from streets, driveways
and paved areas on construction sites, use dry
sweeping methods where possible. If water must
be used to flush pavement, collect runoff to settle
out sediments and protect storm drain inlets.

Note: Performance of erosion and sediment controls is dependent on proper installation, routine inspections and maintenance of the controls. Straw bale barriers are an example of a BMP that has not been as effective as expected due to improper use. Most of the BMPs described above are temporary and if left alone can quickly fall into disrepair and/or become ineffective. Routine inspections and maintenance, particularly before and after a storm event, must be part of any erosion and sediment control plan.

Best Management Practices
5 Drainage swales channel runoff around a construction site. Planting temporary vegetation on freshly graded areas, and trenching and staking fiber rolls and/or silt fences downslope are common techniques for preventing erosion and controlling sediment.

The RWQCB’s Field Manual, the CASQA Stormwater Best Management Practice Handbook for Construction, and the ABAG Manual of Standards for Erosion and Sediment Control provide specific details and design criteria for erosion and sediment control plans.

ITEM NO. 5.

General Site Maintenance
Prevent spills and leaks
Poorly maintained vehicles and heavy equipment
leaking fuel, oil, antifreeze, or other fluids on the construction site are common sources of stormwater pollution and soil contamination. Construction material spills can also cause serious problems. Careful site
planning, preventive maintenance, and good materials
handling practices can eliminate most spills and leaks. ❏ Maintain all vehicles and heavy equipment. Inspect
frequently for and repair leaks.
❏ Designate specific areas of the construction site,
well away from creeks or storm drain inlets, for
vehicle and equipment parking and routine
maintenance.
❏ Perform major maintenance, repair jobs and vehicle and equipment washing off-site when feasible, or in designated and controlled areas on-site.
❏ If you must drain and replace motor oil, radiator
coolant, or other fluids on-site, use drip pans or
drop cloths to catch drips and spills. Collect all
spent fluids, store in labeled separate containers,
and recycle whenever possible. Note that in order
to be recyclable, such liquids must not be mixed
with other fluids. Non-recycled fluids generally
must be disposed of as hazardous wastes.

Clean up spills immediately after they
happen
When vehicle fluids or materials such as paints or
solvents are spilled, cleanup should be immediate,
automatic, and routine.
❏ Sweep up spilled dry materials (e.g., cement,
mortar, or fertilizer) immediately. Never attempt to
“wash them away’’ with water, or bury them. Use
only minimal water for dust control.
❏ Clean up liquid spills on
paved or impermeable
surfaces using “dry’’
cleanup methods (e.g.,
absorbent materials like
cat litter, sand or rags).
❏ Clean up spills on dirt
areas by digging up and
properly disposing of the
contaminated soil.
❏ Report significant spills
to the appropriate spill
response agencies immediately (See reference
list on the back cover of this booklet for more
information).

Note: Used cleanup rags that have absorbed hazardous
materials must either be sent to a certified industrial laundry or dry cleaner, or disposed of through a licensed hazardous waste disposal company.
6 Make sure equipment repair area is bermed or well away from creeks and storm drains.

Clean up spills on dirt areas
by removing contaminated
soil.

Best Management Practices

ITEM NO. 5.

Store materials under cover
Wet and dry building materials with
the potential to pollute runoff should
be stored under cover and/or
surrounded by berms when rain is
forecast or during wet weather.
❏ Store stockpiled materials and
wastes under a temporary roof or
secured plastic sheeting or tarp.
❏ Berm around storage areas to
prevent contact with runoff.
❏ Plaster or other powders can create
large quantities of suspended solids
in runoff, which may be toxic to
aquatic life and cause serious
environmental harm even if the
materials are inert. Store all such
potentially polluting dry materials
—especially open bags— under a
temporary roof or inside a
building, or cover securely with an impermeable
tarp. By properly storing dry materials, you may
also help protect air quality, as well as water quality. ❏ Store containers of paints, chemicals, solvents, and
other hazardous materials in accordance with
secondary containment regulations and under
cover during rainy periods.

Cover and maintain dumpsters
Open and/or leaking dumpsters can be a source of
stormwater pollution.
❏ Cover open dumpsters with plastic sheeting or a
tarp. Secure the sheeting or tarp around the
outside of the dumpster. If your dumpster has a
cover, close it.
❏ If a dumpster is leaking, contain and collect leaking material. Return the dumpster to the leasing
company for repair/exchange.
❏ Do not clean dumpsters on-site. Return to leasing
company for periodic cleaning, if necessary.

Collect and properly dispose of paint
removal wastes
Paint removal wastes include chemical paint stripping
residues, paint chips and dust, sand blasting material
and wash water. These wastes contain chemicals that
are harmful to the wildlife in our creeks and the water bodies they flow to. Keep all paint wastes away from
the gutter, street, and storm drains.
❏ Non-hazardous paint chips and dust from dry
stripping and sand blasting may be swept up or
collected in plastic drop cloths and disposed of as
trash. Chemical paint stripping residue and chips
and dust from marine paints or paints containing
lead or tributyl tin must be disposed of as a
hazardous waste.
❏ When stripping or cleaning building exteriors with
high-pressure water, cover or berm storm drain
inlets. If possible (and allowed by your local wastewater treatment plant), collect (mop or vacuum) building cleaning water and discharge to the sanitary sewer. Alternatively, discharge non-contaminated wash water onto a dirt area and spade into the soil. Be sure to shovel or sweep up any debris
that remains in the gutter and dispose of as garbage.

Clean up paints, solvents, adhesives, and
cleaning solutions properly
Although many paint materials can and should be recycled, liquid residues from paints, thinners, solvents, glues, and cleaning fluids are hazardous wastes. When
7 Store building materials under cover. Make sure dumpsters are properly covered to keep out rain.

Best Management Practices

ITEM NO. 5.
they are thoroughly dry, empty paint cans, used brushes, rags, absorbent materials, and drop cloths are no
longer hazardous and may be disposed of as garbage.
❏ Never clean brushes or rinse paint containers into
a street, gutter, storm drain, or creek.
❏ For water-based paints, paint out brushes to the
extent possible and rinse to a drain leading to the
sanitary sewer (i.e., indoor plumbing).
❏ For oil-based paints, paint out brushes to the extent possible, and filter and reuse thinners and solvents.

Dispose of unusable thinners and residue as
hazardous waste.
❏ Recycle, return to supplier or donate unwanted
water-based (latex) paint. You may be able to recycle clean empty dry paint cans as metal (check with the local planning or building department for more
information).
❏ Dried latex paint may be disposed of in the garbage.
❏ Unwanted paint (that is not recycled), thinners, and
sludges must be disposed of as hazardous waste.
❏ More and more paint companies are recycling
excess latex paint (check with the local planning or
building department for more information).

Keep fresh concrete and cement mortars out
of gutters, storm drains, and creeks
Concrete and cement-related mortars that wash into
gutters and storm drains are toxic to fish and the
aquatic environment.
❏ Locate mortar/stucco mixers inside bermed areas
to avoid discharge to street or storm drains.
❏ Avoid mixing excess amounts of fresh concrete or
cement mortar.
❏ Store dry and wet materials under cover, protected
from rainfall and runoff.
❏ Wash out concrete transit mixers only in designated
wash-out areas where the water will flow into
settling ponds or onto dirt or stockpiles of aggregate base or sand. Pump water from settling ponds to the sanitary sewer, where allowed. Whenever
possible, recycle washout by pumping back into
mixers for reuse. Never dispose of washout into the
street, storm drains, drainage ditches, or creeks.
❏ Whenever possible, return contents of mixer barrel
to the yard for recycling. Dispose of small amounts
of excess concrete, grout, and mortar in the trash.

Service and maintain portable toilets
Leaking portable toilets are a potential health and
environmental hazard.
❏ Inspect portable toilets for leaks.
❏ Be sure the leasing company adequately maintains,
promptly repairs, and replaces units as needed.
❏ The leasing company must have a permit to
dispose of waste to the sanitary sewer.
❏ Do not place on or near storm drain inlets.

Dispose of cleared vegetation properly
Cleared vegetation, tree trimmings, and other plant
material can cause environmental damage if it gets
into creeks. Such “organic” material requires large
quantities of oxygen to decompose, which reduces the
oxygen available for fish and other aquatic life.
❏ Do not dispose of plant material in a creek or
drainage facility or leave it in a roadway where it
can clog storm drain inlets.
❏ Avoid disposal of plant material in trash dumpsters
or mixing it with other wastes. Compost plant
material or take it to a landfill or other facility that composts yard waste (check with the local planning
or building department for more information).
8 Best Management Practices
Recycle yard waste and tree prunings at a landfill that chips and composts plant material.

ITEM NO. 5.

Make sure all demolition waste is properly
disposed of
Demolition debris that is left in the street or pushed
over a bank into a creek bed or drainage facility causes serious problems for flood control, storm drain
maintenance, and the health of our environment.

Different types of materials have different disposal
requirements or recycling options.
❏ Materials that can be recycled from demolition
projects include: metal framing, wood, concrete,
asphalt, and plate glass.
❏ Materials that can be salvaged for reuse from old
structures include: doors, banisters, floorboards,
windows, 2x4s, and other old, dense lumber.
❏ Unusable, unrecycleable debris should be confined
to dumpsters, covered at night and during wet
weather, and taken to a landfill for disposal.
❏ Hazardous debris such as asbestos must be
handled in accordance with specific laws and
regulations and disposed of as a hazardous waste.

For more information of asbestos handling and
disposal regulations, contact the Bay Area Air
Quality Management District.
❏ Arrange for an adequate debris disposal schedule
to ensure that dumpsters do not overflow.
❏ Most local planning or building departments have
lists of recycling and disposal services for
construction and demolition debris.

Plan roadwork and pavement construction
to avoid stormwater pollution
Road paving, surfacing, and asphalt removal happen
right in the street, with numerous opportunities for
stormwater pollution from the asphalt mix, saw-cut
slurry, or excavated material. Properly proportioned
asphalt mix and well-compacted pavement avoid a host
of water pollution problems.
❏ Apply concrete, asphalt, and seal coat during dry
weather to prevent contaminants from contacting
stormwater runoff.
❏ Cover storm drain inlets and manholes when paving or applying seal coat, slurry seal, fog seal, etc. ❏ Always park paving machines over drip pans or
absorbent materials, since they tend to drip
continuously.
❏ When making saw-cuts in pavement, use as little
water as possible. Cover each catch basin completely with filter fabric during the sawing operation and contain the slurry by placing sand/gravel bags around the catch basin. After the liquid drains
or evaporates, shovel or vacuum the slurry residue
from the pavement or gutter and remove from site.
❏ Wash down exposed aggregate concrete only when
the wash water can: (1) flow onto a dirt area; (2)
drain onto a bermed surface from which it can be
pumped and disposed of properly; or (3) be vacuumed from a catchment created by blocking a storm drain inlet. If necessary, divert runoff with
temporary berms. Make sure runoff does not reach
gutters or storm drains.
❏ Allow aggregate rinse to settle, and pump the water
to the sanitary sewer if allowed by your local
wastewater authority.
❏ Never wash sweepings from exposed aggregate concrete into a street or storm drain. Collect and return to aggregate base stockpile, or dispose with trash.
❏ Recycle broken concrete and asphalt (check with
the local planning or building department for more
information).

Roadwork and Pavement
Construction
9 Demolition Waste Management

ITEM NO. 5.

Look for ponded stormwater, groundwater,
and/or soil contamination
Ponded stormwater, groundwater and soil may become
contaminated if exposed to hazardous materials. If any
of the following conditions apply, contaminated ponded
stormwater, groundwater, and/or soil may be present
and pose a potential health and environmental hazard:
❏ The project site is in an area of previous
commercial/industrial activity;
❏ There is a history of illegal dumping on the site or
adjacent properties;
❏ The construction site is subject to a Superfund,
state, or local cleanup order;
❏ Ponded stormwater, groundwater and/or water
generated by dewatering exhibits an oily-sheen
and/or smells of petroleum;
❏ Soil appears discolored, smells of petroleum
and/or exhibits other unusual properties;
❏ Abandoned underground storage tanks, drums,
or other buried debris are encountered during
construction activities; or
❏ Spills have occurred on the site or adjacent
properties involving pesticides and herbicides;
fertilizers; detergents; plaster and other products;
petroleum products such as fuel, oil, and grease;
or other hazardous chemicals such as acids, lime,
glues, paints, solvents, and curing compounds.

Take appropriate action
Ponded stormwater, groundwater, or water generated
by dewatering that is contaminated cannot be discharged to a street, gutter, or storm drain. If contamination is suspected, the water should be contained and held for testing. Call the appropriate local agency
and/or the Regional Water Quality Control Board for
further guidance (See reference list on the back cover
of this booklet for more information).
10 Remember: The property owner and the contractor share ultimate responsibility for the activities that occur on a construction site.

You may be held responsible for any environmental damage caused by your subcontractors or employees.

Contaminated Ponded Stormwater, Groundwater,
and Soil Guidance

ITEM NO. 5.

Storm water quality
management programs
Alameda Countywide Clean
Water Program
951 Turner Court, Hayward, CA 94545
(510) 670-5543
www.cleanwaterprogram.com
Contra Costa Clean Water Program
255 Glacier Drive, Martinez, CA
94553-4897 (925) 313-2392
(800) NO DUMPING
www.cccleanwater.org
Fairfield-Suisun Urban Runoff
Management Program
1010 Chadbourne Road
Fairfield, CA 94534 (707) 429-8930
Marin County Stormwater Pollution
Prevention Program
3501 Civic Center Drive, Room 304,
San Rafael, CA 94903 (415) 499-6528
www.mcstoppp.org
San Francisco Stormwater
Management Program
3801 3rd Street, Suite 600
San Francisco, CA 94124 (415) 695-7310
http://stormwater.sfwater.org
San Mateo Countywide Stormwater
Pollution Prevention Program
555 County Center, Fifth Floor
Redwood City, CA 94063
(650) 363-4305
www.flowstobay.org
Santa Clara Valley Urban Runoff
Pollution Prevention Program
699 Town & Country Village
Sunnyvale, CA 94086 (800) 794-2482
www.scvurppp.org
Sonoma County Water Agency
2150 West College Avenue
Santa Rosa, CA 95401
(707) 526-5370
www.scwa.org
Vallejo Sanitation and Flood
Control District
450 Ryder Street, Vallejo, CA 94590
(707) 644-8949
www.vsfcd.com
Bay Area Stormwater Management
Agencies Association (BASMAA)
1515 Clay Street, Suite 1400,
Oakland, CA 94612 (510) 622-2326
(888)BayWise www.basmaa.org
Agencies to call
in the event of a spill
You are required by law to report all
significant releases or suspected
significant releases of hazardous
materials, including oil.

To report a spill, call the following
agencies:

1. Dial 911 or your local emergency
response number.

2. Call the Governor’s Office of
Emergency Services Warning Center,
(800) 852-7550 (24 hours).

For spills of “Federal Reportable
Quantities” of oil, chemicals, or other
hazardous materials to land, air, or
water, notify the National Response
Center (800-424-8802). If you are not
sure whether the spill is of a
“reportable quantity,” call the federal
Environmental Protection Agency
(800) 424-9340 for clarification.

For further information, see California
Hazardous Material Spill/ Release
Notification Guidance
(State Office of Emergency Services,
Hazardous Materials Division).

Agencies to call if you find
or suspect contaminated
soil or groundwater
Regional Water Quality
Control Board:

San Francisco Bay Region
(510) 622-2300
Central Valley Region
(916) 255-3000
California Environmental Protection
Agency (Cal EPA), Department of
Toxic Substances Control (DTSC)
(510) 540-3732
Documents and available
resources
From State Water Resources
Control Board (SWRCB)
(916) 341-5537
www.swrcb.ca.gov
General Construction Activity Storm
Water Permit
From Friends of the
San Francisco Estuary
(510) 622-2465
www.abag.ca.gov/bayarea/sfep
Field Manual
Guidelines for Construction Projects
Hold On to Your Dirt – Video
Keep it Clean – Video
From Association of Bay Area
Governments (ABAG)
(510) 464-7900
www.abag.ca.gov
Manual of Standards for Erosion and
Sediment Control Measures
From Cal EPA, DTSC
(916) 322-3670
www.dtsc.ca.gov
Waste Minimization for the Building
Construction Industry - Fact Sheet
From California Stormwater
Quality Association (CASQA)
www.cabmphandooks.com
Stormwater Best Management Practice
Handbook – Construction
THANKS
BASMAA adapted this booklet from
one originally developed and
generously shared by the Santa Clara
Valley Nonpoint Source Pollution
Control Program.

Illustrations by John Finger
Pollution Control Agencies and Sources of Information

ITEM NO. 5.

Attachment E
Town of Los Gatos
Storm Water Pollution Control Ordinance

ITEM NO. 5.

ITEM NO. 5.

ITEM NO. 5.

ITEM NO. 5.

ITEM NO. 5.

ITEM NO. 5.

ITEM NO. 5.

ITEM NO. 5.

Addendum 1

ITEM NO. 5.

NINO AVE
FISHER AVE RAYMOND J. FISHER MIDDLE SCHOOL LOUISE VAN METER ELEMENTARY SCHOOL INSTALL SIDEWALK PER TOWN STD DETAIL ST-12B REMOVE AND REINSTALL SIGN AND POST INSTALL CURB RAMP - CASE F PER CALTRANS STD DETAIL A88A PROTECT TREE IN PLACE PROTECT UTILITY BOXES IN PLACE INSTALL 20' DRIVEWAY PER TOWN STD DETAIL ST-9 20' INSTALL 25' CURB AND GUTTER PER TOWN STD DETAIL ST-11 PCC PER TOWN STD DETAIL ST-12B R = 2' 2' 5' INSTALL A1-8 CURB PER CALTRANS STD DETAIL A87A 8' INSTALL 8' SIDEWALK WIDENING PER CITY OF SAN FRANCISCO STD DETAIL 87175 INSTALL TYPE A PASSAGEWAY PER CALTRANS STD DETAIL A88B INSTALL 45' CURB AND GUTTER PER TOWN STD DETAIL ST-11 INSTALL CURB RAMP - CASE A PER CALTRANS STD DETAIL A88A INSTALL CURB RAMP - CASE A PER CALTRANS STD DETAIL A88A R = 10' 20' 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 SO 10 20 N

CURB EXTENSION

FISHER AVE & NINO AVE
SITE MAP 1 0 1
03-04-2026
SN
SN
SN

ITEM NO. 5.

3. Bid Schedule
This Bid Schedule must be completed and included with the Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be idenƟcal to the Base Bid price entered in SecƟon 1 of the Bid Proposal form.

AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs)

SCHEDULE OF QUANTITIES
Item DescripƟon Unit QuanƟty Unit Cost Total

1. Traffic Control L.S. 1

2. Adjust Frame and Grate to Grade Ea. 1

3. Adjust UƟlity Box to Grade Ea. 8

4. Adjust Water Meter Box to Grade Ea. 1

5. Remove and Reinstall Bicycle Rack Ea. 1

6. Clearing and Grubbing L.S. 1

7. Remove and Replace Curb and GuƩer L.F. 1,526595

8. Remove and Replace Sidewalk S.F. 8,087717

9. Remove and Replace Sidewalk (Villa
Hermosa)
S.F. 120

10. Remove Hardscape and Replace with
Topsoil
S.F. 130

11. Remove and Replace ResidenƟal Driveway
(Revocable)
S.F. 100

12. Remove and Replace Commercial
Driveway
S.F. 535775

13. Install Detectable Warning Surface Ea. 1

14. Install New Curb and GuƩer L.F. 80

ITEM NO. 5.

Item DescripƟon Unit QuanƟty Unit Cost Total

15. Install New Sidewalk S.F. 66

16. Install Curb Ramp-Case B Ea. 12

17. Install Curb Ramp-Case B (Villa Hermosa) Ea. 3

18. Install Curb Ramp-Case C Ea. 6

19. Install Curb Ramp-Case C (Villa Hermosa) Ea. 2

20. Install Curb Ramp-Case F Ea. 1213

21. Install Curb Ramp-Case G Ea. 11

22. Install New Curb Ramp-Type A
Passageway
Ea. 12

23. Install New Curb Ramp-Type C Passageway Ea. 1

24. Remove Curb Ramp Ea. 2

25. Paint Red Curb (Revocable) L.F. 100

26. Root Prune and Install Root Barrier L.F. 100

27. Remove Sign and Post Ea. 1

28. Remove and Reinstall Sign and Post Ea. 12

29. Remove and Reinstall Sign on New Post Ea. 1

30. Install New Sign on New Post Ea. 1
A1.1 Install Caltrans Type A1-8 Curb L.F. 60
A1.2 Install Curb Ramp-Case A Ea. 2
TOTAL

ITEM NO. 5.

AGREEMENT FOR PROFESSIONAL SERVICES

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Materials Testing for 2026 Annual Curb, Gutter, and Sidewalk Maintenance Project

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Ninyo & Moore Geotechnical & Environmental Sciences Consultants (“Contractor”), a Corporation whose address is 5710 Ruffin Road, San Diego, CA 92123. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to provide materials testing services for the 2026 Annual Curb, Gutter, and Sidewalk Maintenance Project
B. Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

C. 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 the Consultant.

II. AGREEMENT
A. Scope of Services. Consultant shall provide services as described in the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.

B. Term. The term of this Agreement shall be from upon execution to Thursday, December 31, 2026.

C. 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 the Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license as required in Chapter 14 of the Code of the Town of Los Gatos.

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

E. 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 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 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 the 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.

ATTACHMENT 4

ITEM NO. 5.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants F. Compensation: Compensation for Consultant's professional services shall not exceed $18,390.00 at the rates set forth in Exhibit A which is attached and incorporated by reference. Payment shall be based upon Town approval of each task.

G. 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]
H. 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 offices during business hours upon written request of the Town.

I. 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.

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

K. 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

ITEM NO. 5.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants 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.

L. Non-Discrimination. 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
A. Minimum Scope of Insurance:

1. 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.

2. 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.

3. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

4. 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.

B. General Liability:

1. 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.

2. 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 agents shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or agents.

ITEM NO. 5.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants

4. 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.

C. 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.

D. 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.

E. Indemnification. The Consultant shall indemnify the Town its elected and appointed officials, employees and agents 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 any act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. Consultant shall defend the Town against any such claims.

IV. GENERAL TERMS
A. 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.

B. 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.

C. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties.

Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

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

ITEM NO. 5.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants 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.

E. 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.

F. 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
Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road, San Diego, CA 92123
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

G. 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.

H. 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. 5.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

TOWN OF LOS GATOS: NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS:
**signature_91512**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_91512**

DATE SIGNED
**signature_91513**

SIGNATURE
Lothus Hennefer

ENTER CONSULTANT SIGNATORY'S NAME
Principal/Construction Services

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_91513**

DATE SIGNED
Approved as to form:
**signature_91516**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_91516**

DATE SIGNED
The execution date is the date on which the last party has signed.

Attachments:

A - Scope of Services

ITEM NO. 5.

Agreement for Professional Services
Ninyo & Moore Geotechnical & Environmental Sciences Consultants Page 199 ITEM NO. 5.

AGREEMENT FOR SERVICES

Agreement for Services
PrecisionWorks LLC DBA Precision Concrete Cutting

AGREEMENT FOR SERVICES

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and PrecisionWorks LLC DBA Precision Concrete Cutting (“Contractor”), a Limited Liability Company and whose address is 6607 San Leandro St, Oakland, CA, 94621. This Agreement is made with reference to the following facts.

I. RECITALS
A. For the services described in this Agreement, Contractor was selected as a Sole Source supplier for this purchase.

B. Contractor represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

C. Town desires to engage Contractor to provide services to maintain sidewalks using horizontal concrete saw cutting.

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

II. AGREEMENT
A. Scope of Services. Contractor shall provide services as described in the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.

B. Term. The term of this Agreement shall be from upon execution to Thursday, December 31, 2026.

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

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

E. Information/Report Handling. All documents furnished to the Contractor by the Town and all reports and supportive data prepared by the Contractor under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by the Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Contractor shall not make any of these documents or information available to any individual or organization not employed by the Contractor or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Contractor 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 Contractor in connection with other projects shall be solely at Town's risk, unless Contractor expressly

ITEM NO. 5.

Agreement for Services
PrecisionWorks LLC DBA Precision Concrete Cutting
consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Contractor which is and has been confirmed in writing by Contractor to be a trade secret of the Contractor.

F. Compensation: Compensation for services at the rates set forth in Exhibit A and in the amount not to exceed $90,000.00, inclusive of all costs subject to appropriation of funds, notwithstanding any other provision in this agreement. Payment shall be based upon Town approval of each task.

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

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

J. Independent Contractor. It is understood that the Contractor, 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 Contractor 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. Contractor agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Contractor 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 Contractor or is based on allegations of Contractor's negligent performance or wrongdoing.

K. Conflict of Interest. Contractor understands that its professional responsibilities are solely to the Town. The Contractor has and shall not obtain any holding or interest within the Town of Los Gatos. Contractor 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, the Contractor 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. Contractor shall not knowingly

ITEM NO. 5.

Agreement for Services
PrecisionWorks LLC DBA Precision Concrete Cutting
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 Contractor discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Contractor shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

L. Non-Discrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither the Contractor 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
A. Minimum Scope of Insurance:

1. Contractor 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.

2. Contractor 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.

3. Contractor shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Contractor agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

B. General Liability:

1. 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 Contractor; products and completed operations of the Contractor, premises owned or used by the Contractor.

2. The Contractor'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 agents shall be excess of the Contractor's insurance and shall not contribute with it.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or agents.

4. The Contractor'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.

C. 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

ITEM NO. 5.

Agreement for Services
PrecisionWorks LLC DBA Precision Concrete Cutting
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.

D. Workers’ Compensation. In addition to these policies, Contractor 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, Contractor shall ensure that all subcontractors employed by Contractor 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.

E. Indemnification. The Contractor shall indemnify the Town its elected and appointed officials, employees and agents 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 any act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subcontractor. Contractor shall defend the Town against any such claims.

IV. GENERAL TERMS
A. 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.

B. 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.

C. Termination of Agreement. The Town and the Contractor 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 Contractor shall deliver to the Town all plans, files, documents, reports, performed to date by the Contractor. In the event of such termination, Town shall pay Contractor 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.

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

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

ITEM NO. 5.

Agreement for Services
PrecisionWorks LLC DBA Precision Concrete Cutting
request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.

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

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

4. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

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

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

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.

7. 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.

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

ITEM NO. 5.

Agreement for Services
PrecisionWorks LLC DBA Precision Concrete Cutting
Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.

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

F. 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
PrecisionWorks LLC DBA Precision Concrete Cutting
6607 San Leandro St, Oakland, CA, 94621
or personally delivered to the Contractor to such address or such other address as Contractor designates in writing to Town.

G. 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.

H. Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and the Contractor. 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. 5.

Agreement for Services
PrecisionWorks LLC DBA Precision Concrete Cutting
IN WITNESS WHEREOF, the Town and the Contractor have executed this Agreement.

TOWN OF LOS GATOS: PRECISIONWORKS LLC DBA PRECISION CONCRETE CUTTING:
**signature_75639**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_75639**

DATE SIGNED
**signature_75640**

SIGNATURE
Joseph Ortega

VENDOR SIGNATORY'S FULL NAME
Vice President

VENDOR SIGNATORY'S TITLE
**date_signed_75640**

DATE SIGNED
Approved as to form:
**signature_75637**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_75637**

DATE SIGNED
The execution date is the date on which the last party has signed.

Attachments:

A - Scope of Services
B - Locations of Work

ITEM NO. 5.

PREPARED BY: Paul Gonia
Project Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/21/2026
ITEM NO: 6
DATE: April 21, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Describing Improvements and Directing the Preparation of the Town Engineer’s Report for Fiscal Year 2026-27 for Landscape and Lighting Assessment Districts No. 1 and 2
RECOMMENDATION: Adopt a Resolution describing improvements and directing the preparation of the Town Engineer’s Report for Fiscal Year 2026-27 for Landscape and Lighting Assessment Districts No. 1 and 2.

FISCAL IMPACT:

The Town’s Landscape and Lighting Assessment Districts are funded through assessments levied on property owners and do not impact the Town’s General Fund. This action initiates the annual Engineer’s Report process and does not establish or modify assessment rates. Any proposed changes to district budgets or assessment rates will be presented in the Engineer’s Report for Council consideration.

STRATEGIC PRIORITY:

This item does not directly address a Strategic Priority; however, it aligns with the Core Goal of Fiscal Stability. Specifically, property owners are assessed for the specific benefit they derive from open space and public space near their residence, reducing the General Fund burden for these services.

ITEM NO. 6.

PAGE 2 OF 3
SUBJECT: Adopt a Resolution Describing Improvements and Direct Preparation of the Town Engineer’s Report for Fiscal Year 2026-27 for Landscape and Lighting Assessment Districts No. 1 and 2
DATE: April 21, 2026
BACKGROUND:

The California Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500- 22679) (Act) allows local government agencies to form assessment districts for the purpose of financing the costs and expenses for landscaping and lighting public areas.

In the early 1990s, the Town established two Landscape and Lighting Districts (Districts), consisting of six benefit zones. District No. 1 includes five benefit zones: Blackwell Drive, Hillbrook, Kennedy Meadows, Santa Rosa Heights, and Vasona Heights. District No. 2 includes the Gemini Court Benefit Zone. Diagrams of each zone are included in Exhibit A of Attachment

1. Property owners within each district pay an annual assessment on their property tax bill to fund the maintenance of common area landscaping and lighting.

Each year, the Town Council levies the assessments and reauthorizes the districts through the adoption of resolutions following a public hearing. This annual process is required by the Landscaping and Lighting Act and includes the following steps and proposed schedule.

1. Council considers the adoption of a Resolution describing the improvements and directing the preparation of the Engineer’s Report for Fiscal Year 2026-27 – April 21, 2026.

2. Council considers the adoption of Resolutions Approving the Fiscal Year 2026-27 Engineer’s Report, stating the Intention to Levy and Collect Assessments, and Setting a Public Hearing to Consider the Proposed Assessments – May 5, 2026.

3. Council conducts the public hearing and then considers the adoption of a resolution confirming the assessment diagrams and authorizing the levy and collection of assessments for Fiscal Year 2026-27 – June 16, 2026.

Provisions of SB 919 (the Proposition 218 Omnibus Implementation Act) adopted by the California State Legislature in 1997 (Chapter 38, Stats. 1997) are implemented during the renewal process. Proposition 218 becomes applicable only when increases in the current assessment rates are contemplated, due primarily to rising maintenance costs and increases in the costs of water and power. If that were to take place, the above noted process would be modified by introducing a mail-in balloting procedure for each zone that begins after the items in Step 2 are approved by Council and concludes at the close of the public hearing.

At the conclusion of Step 3, staff transmits the assessment amounts to the County Assessor, which appears as a separate item on the property tax bill for each parcel.

Upon fulfillment of these requirements, the Town must submit the Resolution confirming the assessments to the County of Santa Clara for inclusion on the Fiscal Year 2026-27 property tax roll.

ITEM NO. 6.

PAGE 3 OF 3
SUBJECT: Adopt a Resolution Describing Improvements and Direct Preparation of the Town Engineer’s Report for Fiscal Year 2026-27 for Landscape and Lighting Assessment Districts No. 1 and 2
DATE: April 21, 2026
DISCUSSION:

The Landscaping and Lighting Act requires the Town Council to adopt a resolution describing any proposed new improvements or substantial changes to existing improvements and directing the preparation of an Engineer’s Report. The Engineer’s Report shall identify the assessment district and applicable fiscal year, and include: (1) plans and specifications for proposed improvements, (2) estimated improvement costs, (3) a diagram of the assessment district, (4) an assessment allocating those costs, and (5) if applicable, the estimated principal amount of any bonds or notes to be issued.

For FY 2026-27, no new improvements or substantial changes to existing improvements are proposed for any of the Assessment Districts. The Districts will continue to fund ongoing public landscaping and lighting services within their respective boundaries.

In accordance with Streets and Highways Code Section 22622, the attached resolution confirms the existing improvements (services) and directs the preparation of the Engineer’s Report for FY 2026-27.

CONCLUSION:

Staff recommends that Town Council adopt a Resolution describing improvements and directing the preparation of the Town Engineer’s Report for Fiscal Year 2026-27 for Landscape and Lighting Assessment Districts No. 1 and 2 in compliance with California Streets and Highways Code section 22622.

ENVIRONMENTAL ASSESSMENT:

This action is not a project under CEQA pursuant to CEQA Guidelines sections 15378(b)(4) and 15378(b)(5) because it initiates the annual assessment district reporting process and does not commit the Town to a specific physical project or physical change in the environment.

Attachments:

1. Resolution Describing Improvements and Directing Preparation of Engineer’s Report for Fiscal Year 2026-27 with Exhibit A

ITEM NO. 6.
1 of 3
Resolution 2026-XX April 21, 2026
ATTACHMENT 1
RESOLUTION 2026-XX

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2026-27 TOWN OF LOS GATOS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS NO. 1 AND 2
WHEREAS, the Town Council did, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, conduct proceedings for the formation of the Town of Los Gatos Landscaping and Lighting Assessment Districts No. 1 and 2; and
WHEREAS, the public interest, convenience and necessity require, and it is the intention of said Council to undertake proceedings for the levy and collection of assessments upon the several lots or parcels of land in said Districts, for the construction or installation of improvements, including the maintenance or servicing, or both, thereof, for the fiscal year 2026-27; and
WHEREAS, the improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, are more particularly described in (Exhibit A) hereto attached and by reference incorporated herein; and
WHEREAS, the costs and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon said Districts, the exterior boundaries of which Districts are the composite and consolidated area as more particularly shown on a map thereof on file in the Clerk Department of the Town of Los Gatos to which reference is hereby made for further particulars. Said map indicates, by a boundary line, the extent of the territory included in said Districts and of any zone thereof and shall govern for all details as to the extent of the assessment districts; and NOW, THEREFORE, BE IT RESOLVED: The Engineer of said Town is hereby directed to prepare and file with said Town Clerk a report, in writing, referring to the assessment districts by their distinctive designations, specifying the fiscal year to which the report applies, and, with respect to that year, presenting the following:

ITEM NO. 6.
2 of 3
Resolution 2026-XX April 21, 2026
ATTACHMENT 1
a. Plans and specifications of the existing improvements and for proposed new improvements, if any, to be made within the assessment districts or within any zones thereof;
b. An estimate of the costs of said proposed new improvements, if any, to be made, the costs of maintenance or servicing, or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith; c. A diagram showing the exterior boundaries of the assessment districts and of any zones within said districts and the lines and dimensions of each lot or parcel of land within the districts as such lot or parcel of land is shown on the County Assessor's map for the fiscal year to which the report applies, each of which lots or parcels of land shall be identified by a distinctive number or letter on said diagram; and
d. A proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, including the maintenance or servicing, or both, thereof, and of any existing improvements upon the several lots or parcels of land in said districts in proportion to the estimated particular and distinct benefits to be received by each of such lots or parcels of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto.

NOW, THEREFORE, BE IT FURTHER RESOLVED: The Office of the Engineer of said Town is hereby designated as the office to answer inquiries regarding any protest proceedings to be had herein and may be contacted during regular office hours at 41 Miles Avenue, Los Gatos, California 95030 or by calling (408) 399-5770.

ITEM NO. 6.
3 of 3
Resolution 2026-XX April 21, 2026
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of April, 2026, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_________________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 6.

Draft Resolution EXHIBIT A

EXHIBIT A

DESCRIPTION OF IMPROVEMENTS

TOWN OF LOS GATOS
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1

1. General Description of Improvements:

The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains or other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof; providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements.

2. Specific Descriptions of Improvements:

Blackwell Drive Benefit Zone - Maintenance of the landscaping in the median island on Blackwell Drive constructed as a part of the public improvements required of Tract No. 8306, and maintenance of the street lights installed along Blackwell Drive and National Avenue installed as a part of the public improvements required of Tract No. 8306.

Hillbrook Benefit Zone - The maintenance of trees, landscaping, irrigation systems, hardscape and fences as currently exist on APN 523-11-028, located at the southeast corner of Blossom Hill Road and Hillbrook Drive.

Kennedy Meadows Benefit Zone - The maintenance of trees, landscaping, irrigation systems, trail and street lights within the open space areas (Parcels A and B) and along Kennedy Court and Forrester Court, installed as a part of the public improvements required of Tract No. 8612, and the implementation of mitigation and enhancement measures within the riparian and wetlands areas of said Tract described in the report prepared by H.T. Harvey Associates, dated November 11, 1994.

Santa Rosa Heights Benefit Zone - The maintenance of trees, landscaping, trails and retaining walls constructed as a part of the public improvements required of Tract No. 8400.

Vasona Heights Benefit Zone - The maintenance of trees, landscaping, irrigation systems, trails, emergency access roads and retaining walls within the open space areas required as a part of the public improvements required of Tract No. 8280.

ITEM NO. 6.
377
15385
381
373
369
424 12 126
424 12 125
424 12 123
424 12 127
424 12 124

DE SOTO DR

NATIONAL AV

BLACKWELL DR
LLD-Blackwell Benefit Zone
Not To Scale
±
Landscape
Maintenance Area
Landscape
Maintenance
Districts
PART "D"
Assessment Diagram
Landscape & Lighting Assessment District No.1

ITEM NO. 6.
105
16168
112
523 11 030
006 523 11 028
523 11 029
523 11 027
523 07 005 523 1
523 12 040 CHERRYSTONE DR

BLOSSOM HILL RD

HILLBROOK DR
LLD-Hillbrook Benefit Zone
Not To Scale
±
Landscape
Maintenance Area
Landscape
Maintenance Districts
PART "A"
Existing Improvements to be Maintained
Existing Shrubs
Existing Shrubs
Ex. Oak
Tree
Ex. Oak
Tree
Hillbrook Sign
Landscape & Lighting Assessment District No.1

ITEM NO. 6.
982
939
943
949
953
959
965
114
110
106
107
105
103
102
151
155
159
163
121
125
126
122
118
114
106
108
110
106
107
111
112
108
105
115
116
100
16251
142
114
118
120
121
119
115
111
16321
115
130
126
119
131
135
139
143
147
129
133
137
139
16161
16143
16050
133
127
119
16140
104
138
136
134
130
115
105
103
107
100
111
121
125
129
133
141
941
947
951
957
963
16300
16168
16250
16220
16311
109
16221
106-A
A
134
129
112
116
120
124
128
132
136
140
144
148
137
138
523 11 038
523 10 022
523 07 015
523 11 021
523 11 047
523 10 020
523 07 039
523 07 007
523 07 048
523 07 012
523 11 024
523 11 023
523 11 010
523 07 009
523 12 004
523 12 003
523 12 002
523 11 012
523 11 033 523 11 030
523 11 015
523 07 021
523 12 001
523 07 006
523 11 032
523 12 006
523 12 005
523 07 051
523 11 014
523 07 020
523 11 025
523 11 046
523 11 004
523 11 028
523 07 004
523 07 008
523 07 055
523 07 014
523 07 045
523 11 011
523 11 029
523 26 024
523 12 033
523 11 027
523 11 005
523 07 046
523 07 024
523 07 043
523 11 036
523 07 023
523 11 020
523 07 041
523 07 042
523 11 016
523 07 047
523 07 027
523 07 022
523 11 045
523 07 005
523 26 023
523 12 034
523 07 053
523 11 003
523 07 018
523 07 010
523 11 034
523 07 029
523 07 030
523 07 011
523 07 019
523 10 011
523 07 054
523 07 017
523 07 013
523 07 036
523 11 007
523 10 019
523 11 008
523 07 016
523 11 018
523 12 040
523 07 040
523 07 028
523 11 026
523 12 032
523 11 040
523 11 031
523 11 009
523 10 021
523 11 035
523 11 006
523 11 013
523 07 025
523 11 037
523 11 017
523 10 023
523 07 003
523 07 026
523 10 018
523 11 019
523 11 022

WINTERBROOK RD

NOBLE CT

CHERRYSTONE DR

AMANDA LN

LANSBERRY CT

EASTRIDGE DR

HILLBROOK DR
ATWOOD
C
T

DEL CARLO CT

FAIRMEAD
LN

BLOSSOM HILL RD
LLD-Hillbrook Benefit Zone
Not To Scale
±
Landscape
Maintenance Area
Landscape
Maintenance
Districts
PART "D"
Assessment Diagram
Landscape & Lighting Assessment District No.1

ITEM NO. 6.
111
107
201
112
101
103
16212
101
202
100
102
106
108
110
109
107
101
16200
16234
16170
16160
16200
16240
16238
16236
16001
16220
16150
16140
200
16199
16130
99 16168
105
103
532 19 010
532 18 053
532 18 054
532 18 024
532 18 056
532 18 059
532 18 047
537 22 016
532 18 061
532 19 009
532 18 055
532 18 060
532 18 063
532 18 062
532 18 052
532 18 006
532 18 057
532 18 058
532 19 028
532 18 021
532 40 031 532 40 032
532 18 023
532 17 001
532 18 022
532 18 015
532 18 051
532 40 001
537 22 015
532 18 050
532 18 049
532 18 026
532 18 048
537 28 009
532 19 032
532 19 031

BROOKE ACRES DR
B

ROOKE ACRES
C
T
KE
NNEDY
RD

S KENNEDY RD

FORRESTER RD
TERE
S
ITA WY

FORRESTER CT

KENNEDY CT
LLD-Kennedy Meadows Benefit Zone
Not To Scale
±
Landscape
Maintenance Area
Landscape
Maintenance
Districts
PART "D"
Assessment Diagram
Landscape & Lighting Assessment District No.1

ITEM NO. 6.
120
125
135
145
115
125
135
115
160
130
150
180
120
155
165
S.J.W.C.
537 31 001
537 31 020
537 31 009
537 31 007
537 31 003
537 31 022
537 31 010
537 31 019
537 31 021
537 31 006
537 31 008
537 31 023
537 31 014
537 31 013
537 31 012
537 31 018
537 31 002
537 31 011
537 31 015
Santa Clara County
Town Of Los Gatos
Town Of Los Gatos
SHAN
N
O
N
RD

SAN T A R OSA
DR

DEER PARK RD
SKY LN

ARROYODEL RANCHO

ALTA TIERRA CT
DIDUCA
WY

SIERRA AZULE
MADERA
CT

KENNEDY RD
LLD-Santa Rosa Hts Benefit Zone
Not To Scale
±
Landscape
Maintenance Area
Landscape
Maintenance
Districts
PART "D"
Assessment Diagram
Landscape & Lighting Assessment District No.1

ITEM NO. 6.

B
D
C
A
7 242
236
234
222
220
218
210
215
135
15 311
17 233
120
126
128
130
132
134
139
135
131
129
400
105
107
100
114
106
110
112
118
327
244
312
308
111
250
304
300
301
297
293
291
288
108
120
321
102
104
138
137
116
140
17250
10 15
240
212
101 & 250
STE. A-C
STE. A-C
APT.

APT. 100,
143
141
137
139
APT. 11-17
APT. 11-18
APT. 11-16
APT. 11-13
& 21-24
& 21-28
& 21-28
& 21-26
235
17300
136
133
101
109
122
124
17330
225
529 13 040
529 13 062
529 10 132
529 13 022
529 13 045
529 19 003
529 13 037
529 13 039
529 10 133
529 13 055
529 13 041
529 09 050
529 09 051
529 10 116
529 19 006
529 13 047
529 10 134
529 13 010
529 13 042
529 13 044
529 13 016
529 13 999
529 13 021
529 10 104
529 10 131
529 10 108
529 13 057
529 10 999
529 10 103
529 10 100
529 19 008
529 19 005
529 13 048
529 10 125
529 13 056
529 21 019
529 21 015
529 21 020
529 13 046
529 09 031
529 09 052
529 21 032
529 13 038
529 13 036
529 10 102
529 13 043
529 21 017
529 19 013
529 13 063
529 21 021
529 13 028
529 13 030
529 13 035
529 13 054
529 13 053
529 13 027
529 09 053
529 09 025
529 13 032
529 13 031
529 13 029
529 19 007
529 13 049
529 10 117
529 13 051
529 13 052
529 09 027
529 13 999
529 13 060
529 13 061
529 13 059
529 13 058

MILBRAE LN

NINO AV

RIVIERA DR

BLOSSOM HILL RD

ALBERT DR

GARDEN HILL DR
OAK
MEADOW
D
R

ROBERTS RD

NINO WY
O
HLONE
CT
NB HIGHWAY 17
SB HIGHWAY 17
LLD-Vasona Hts Benefit Zone
Not To Scale
±
Landscape
Maintenance Area
Landscape
Maintenance
Districts
PART "D"
Assessment Diagram
Landscape & Lighting Assessment District No.1

ITEM NO. 6.

Draft Resolution EXHIBIT A

EXHIBIT A

DESCRIPTION OF IMPROVEMENTS

TOWN OF LOS GATOS
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2

1. General Description of Improvements:

The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains or other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof; providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements.

2. Specific Description of Improvements:

Gemini Court Benefit Zone - The maintenance of trees, landscaping, irrigation systems, lighting, sound walls, and fences installed as a part of the public improvements required of Tract No. 8439.

ITEM NO. 6.
126
133114
110
137
130
101
105 106
106
110
108
118
122
5677
5671
5665
5659
5653
157
153
149
145
141
134
138
142
146
158
5615
5621
5627
5601
16050
15080
1722 1723
5633
5639
5645
5607
102 13980
16190 111
16180
154
5604
5612
STE. A-D
1724 1721
150
16180-A 567 64 002
567 16 061
567 64 048
567 64 044
567 16 058
567 64 052
567 16 066
567 64 003
567 64 004
567 64 034
567 64 039
567 64 038
567 16 065
567 16 060
567 64 008
567 16 068
567 64 036
567 16 067
567 16 062
567 64 010
567 16 063
567 16 064
567 64 051
567 64 040
567 64 007 567 64 006
567 64 005
567 64 042
567 64 047
567 64 046
567 64 045
567 64 035
567 64 025
567 64 024
567 16 069
567 64 033
567 64 026
567 64 049
567 64 037
567 64 041 567 64 050
567 16 059
567 64 053
567 64 054
City of San Jose
Town Of Los Gatos

BLOSSOM HILL RD

JAMIE CT

BEGONIA DR

HARWOOD RD

PEONY LN

LOBELIA LN

MORNING GLORY LN

GEMINI CT
Pedestrian Walkway
LLD-Gemini Ct Benefit Zone
Not To Scale
±
Landscape
Maintenance Area
Landscape
Maintenance
Districts
PART "D"
Assessment Diagram
Landscape & Lighting Assessment District No.2

ITEM NO. 6.

PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/21/2026
ITEM NO: 7
DATE: March 30, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Three-Year Agreement for Professional Services with Disability Access Consultants, LLC, in an Amount Not to Exceed $50,000 Annually and $150,000 Total
RECOMMENDATION: Authorize the Town Manager to execute a three-year agreement for Professional Services with Disability Access Consultants, LLC, for ADA Transition Plan implementation and support services in an amount not to exceed $50,000 annually and $150,000 total.

FISCAL IMPACT:

The proposed agreement represents a continuation of existing ADA consulting services and does not increase the overall service level beyond current operations. Funding for these services is included in the adopted FY 2025-26 Capital Improvement Program Budget for the Annual ADA Compliance Work Project (CIP No. 821-2013, 4118734-82303). Funding for subsequent fiscal years will be requested through the annual Operating Budget process and is subject to Town Council approval.

STRATEGIC PRIORITY:

This item does not directly address a Strategic Priority; however, it aligns with the Core Goal of Quality Public.

BACKGROUND:

The federal statute on Nondiscrimination on the Basis of Disability in State and Local Government Services (28 CFR § 35.150 – Existing Facilities) requires a public entity that employs

ITEM NO. 7.

PAGE 2 OF 3
SUBJECT: Three-Year Agreement with Disability Access Consultants, LLC.

DATE: March 30, 2026
50 or more persons to develop a transition plan setting forth the steps necessary to achieve program accessibility and reasonable modifications to eliminate barriers for persons with disabilities. In addition, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with disabilities in programs that receive federal financial assistance.

The Town’s previous ADA Transition Plan (the 1993 Plan) was adopted by the Town Council in 1993, identified improvements needed for accessibility compliance, and prioritized them to occur over a three-year time frame. After the adoption of the 1993 Plan, the Town constructed numerous projects and infrastructure to address the ADA requirements identified. However, ADA standards are ever evolving at the federal and state levels with broader rulings and regulation requirements.

On April 5, 2021, the Town entered into an agreement with Disability Access Consultants (DAC) to develop an updated Americans with Disabilities Act (ADA) Transition Plan (the 2023 Transition Plan). The legally required 2023 Transition Plan identifies required improvements to the Town’s programs, services, activities, and assets to achieve compliance with the ADA. The 2023 Plan was completed in spring 2023. The current contract with DAC expires on June 30, 2026, and the Town desires to continue the working relationship with the consultant through a single source procurement mechanism. The selection complies with the Town’s Purchasing Policy and applicable procurement requirements.

DISCUSSION:

ADA compliance is a federally mandated requirement, and failure to maintain compliance may expose the Town to legal liability, including complaints, litigation, and potential loss of eligibility for certain federal funding sources. Ongoing consultant support ensures the Town maintains up-to-date policies, responds appropriately to accessibility requests and grievances, and continues implementation of the ADA Transition Plan in a consistent and legally defensible manner. Services include ADA/504 Coordinator support, grievance response, accessibility policy updates, federal compliance support (including Caltrans, FHWA, HUD, and CDBG requirements), website accessibility review (WCAG 2.1 AA), annual reporting, and ongoing transition plan implementation tracking.

Since the initial contract with DAC in 2021, staff have continued to implement necessary ADA improvements when possible. Examples of this ADA work include our Annual Curb, Gutter, Sidewalk Project (CIP 813-9921), where select sidewalks and curb ramps are replaced annually to comply with ADA standards. The Town also contracts annually with Precision Concrete Cutting (PCC) to focus on the removal of trip hazards on sidewalks around the Town in high pedestrian areas. In completing this work, staff coordinates with DAC to update the database of needed improvements and demonstrate compliance with the ADA.

With the requested action, staff is proposing a new three-year agreement with DAC to continue to provide ADA Transition Plan services through June 30, 2029. DAC will continue to assist the

ITEM NO. 7.

PAGE 3 OF 3
SUBJECT: Three-Year Agreement with Disability Access Consultants, LLC.

DATE: March 30, 2026
Town in the prioritization of future Town programs and projects and provide as-needed consultation services to support the implementation of the 2023 Transition Plan.

CONCLUSION:

Staff recommends that the Town Council authorize the Town Manager to execute the proposed agreement to continue ADA consulting services and support implementation of the 2023 ADA Transition Plan.

COORDINATION:

This report was coordinated with the Finance Department and the Attorney’s Office.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Agreement for Consultant Services - Disability Access Consultants, LLC

ITEM NO. 7.

AGREEMENT FOR PROFESSIONAL SERVICES

Agreement for Professional Services
Disability Access Consultants, LLC
Services for Implementation of American Disability Act (ADA) Transition Plan

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Disability Access Consultants, LLC (“Consultant”), a Limited Liability Company whose address is 2862 Olive Highway, Suite D, Oroville, CA 95966. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to provide American Disability Act (ADA) transition plan implementation services in support of the 2023 ADA Transition Plan
B. Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

C. 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 the Consultant.

II. AGREEMENT
A. Scope of Services. Consultant shall provide services as described in the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.

B. Term. The term of this Agreement shall be from July 1, 2026 to Saturday, June 30, 2029.

C. 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 the Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license as required in Chapter 14 of the Code of the Town of Los Gatos.

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

E. 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 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 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 the 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.

ATTACHMENT 1 Page 225
ITEM NO. 7.

Agreement for Professional Services
Disability Access Consultants, LLC
F. Compensation: Compensation for Consultant's professional services shall not exceed $150,000.00 at the rates set forth in Exhibit A which is attached and incorporated by reference. Payment shall be based upon Town approval of each task.

G. 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]
H. 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 offices during business hours upon written request of the Town.

I. 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.

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

K. 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

ITEM NO. 7.

Agreement for Professional Services
Disability Access Consultants, LLC
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.

L. Non-Discrimination. 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
A. Minimum Scope of Insurance:

1. 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.

2. 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.

3. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

4. 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.

B. General Liability:

1. 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.

2. 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 agents shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or agents.

ITEM NO. 7.

Agreement for Professional Services
Disability Access Consultants, LLC

4. 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.

C. 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.

D. 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.

E. Indemnification. The Consultant shall indemnify the Town its elected and appointed officials, employees and agents 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 any act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. Consultant shall defend the Town against any such claims.

IV. GENERAL TERMS
A. 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.

B. 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.

C. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

D. 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

ITEM NO. 7.

Agreement for Professional Services
Disability Access Consultants, LLC
the Service Provider. 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.

E. 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.

F. 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
Disability Access Consultants, LLC
2862 Olive Highway, Suite D, Oroville, CA 95966
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

G. 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.

H. 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.

Attachments:

A - Scope of Services

ITEM NO. 7.

Agreement for Professional Services
Disability Access Consultants, LLC Page 230
ITEM NO. 7.

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

TOWN OF LOS GATOS: DISABILITY ACCESS CONSULTANTS, LLC:
**signature_88165**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_88165**

DATE SIGNED
**signature_88167**

SIGNATURE
Tim Mahoney

ENTER CONSULTANT SIGNATORY'S NAME
General Manager and Managing Member

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_88167**

DATE SIGNED
Approved as to form:
**signature_88169**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_88169**

DATE SIGNED
The execution date is the date on which the last party has signed.

ITEM NO. 7.

Exhibits List
A - Scope of Services

ITEM NO. 7.

Exhibit A
Scope of Services

ITEM NO. 7.

Town of Los Gatos– ADA Support Services Proposal March 2026 Page 1 of 2 Proposal for On-Call and Fixed Fee Consultation Services – Town of Los Gatos

1. ADA Support Services (Fixed Fee) $42,240
DAC would assist the Town by providing ADA support and ADA coordinator support functions, services and tasks to the Town. DAC services would include, but are not limited to:
a. ADA/504 Coordinator Support Services (Fixed Fee)
• Public accommodation requests and review
• Accommodation solutions - research and options (braille, TTY, ASL interpreter, etc.)
• Complaint or grievance review and response
• Review and update notices and postings
• Review and update of Town’s accessibility policies, procedures and practices • Review and update of Town’s accommodation statements and policies • Review and update of Town’s grievance policy and procedures • Review and update of Town’s accessibility training practices • Assistance with Caltrans, FHWA, HUD, CDBG audits, inquiries and responses • Review of Town’s website and report of compliance with WCAG 2.1 AA standards Subtask budget for 1a: $1,755/month and $21,060 per year b. ADA self-evaluation and transition plan documentation, planning and update services
Per the ADA coordinator responsibilities, DAC would assist and collaborate with Town to ensure that the Town’s current ADA self-evaluation transition progress is routinely updated, documented and remains current. DAC services would include, but are not limited to:
• Transition Plan Implementation Strategies and Review: DAC will provide the Town with on-going implementation strategies, evaluation and tools to assist the Town on the development and updating of the Town’s transition plan. • Quarterly Report and Review: DACTrak Data entry for project upcoming project planning
• Annual Progress Report/Summary: Annual summary and report of progress and future plans
• Annual Data Entry/Planning: Provide DACTrak data entry for projects that have been implemented for the prior year.

Subtask budget for 1b: $1,765/month and $21,180 per year

2. Accessibility Services (On-call, as-needed) $7,760
Disability Access Consultants, LLC (DAC) will provide the following “on-call” services, including but not limited to the following, as requested by Town. • Plan review and project specifications, including but not limited to:
o new construction projects
o remodeling projects
• Expert witness services

ITEM NO. 7.

Town of Los Gatos– ADA Support Services Proposal March 2026 Page 2 of 2 • Accessibility complaint, ADA Grievance and legal assistance • Staff Training
• Review construction design standards and make recommendations for revisions. • Other ADA and accessibility-related consulting services, as requested. • Site Inspections, as requested
General On-Call Services Budget: $7,760 (as needed for contract term) Compensation
As this is an agreement for both on-call consultation and fixed fee for services, the exact level of effort and specific activities to complete the scope of work cannot be identified at this time.

Compensation for fixed services will be invoiced monthly. On-call consultant services will be on an as-needed basis and will be invoiced at the end of the month the services were completed.

Please see the following hourly rate schedule for DAC to complete on-call services. All expenses are included in the hourly rate.

Total proposal is for a not-to-exceed of amount of $50,000 annually for a not-to-exceed total of $150,000 for the entire contract term.

Contract term is for thirty-six (36) months. Hourly costs are firm for thirty-six (36) months.

DAC Hourly Rate Sheet
Title Hourly Rate
Senior and Lead Consultant Barb Thorpe $170
Senior Director of Accessibility Services & CASp Mike Boga $170 General Manager Tim Mahoney $150
Director of Professional Services Jennie Grover $150
Director of Accessibility Services & CASp Candice Pursch $150 Accessibility Specialists Various $100
Administrative Analysts Various $100
Information Technology Specialist, if requested Sri Talasila No fee

ITEM NO. 7.

PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/21/2026
ITEM NO: 8
DATE: April 3, 2026
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Authorize the Town Manager or Designee to Enter into a Second Amendment to the Contract for Litigation Legal Services for FY 2025-26 with Goldfarb and Lipman to Increase the Contract Amount by $100,000, for a Total Contract Amount Not to Exceed $450,000
RECOMMENDATION: Authorize the Town Manager or designee to enter into a Second Amendment to the Contract for Litigation Legal Services for FY 2025-26 with Goldfarb and Lipman in an amount not to exceed $450,000.

FISCAL IMPACT:

The proposed action will authorize a second contract amendment in the amount of $100,000 for Land Use Litigation services in Fiscal Year 2025-26, which increases the current not to exceed amount from $350,000 to $450,000. Funds have been budgeted for these services in account 1111301-63215, and sufficient funds are available for this increase. The Town Attorney’s office is not seeking a budget adjustment at this time.

STRATEGIC PRIORITY:

The item supports a top strategic priority of providing a range of housing opportunities while diligently maintaining and implementing the Housing Element.

BACKGROUND:

In July 2022, the Town Attorney’s Office entered into an agreement with Goldfarb & Lipman LLP to provide specialized housing law legal services. Over the past three years, the firm has assisted the Town with legal issues related to Housing Element certification and SB 330

ITEM NO. 8.

PAGE 2 OF 2
SUBJECT: Goldfarb & Lipman Litigation Agreement Second Amendment DATE: April 3, 2026
development proposals, as well as representing the Town in land use litigation. Due to current land use litigation, continued representation remains necessary.

The Town Attorney’s Office retains Goldfarb and Lipman as a single source vendor pursuant to Town Code section 2.50.130(b)(2).

DISCUSSION:

The proposed second amendment to the Legal Services Agreement will cover legal representation in land use litigation, specifically defending a pending case filed by an SB 330 applicant. The funds will be used for the preparation of Town briefs, court appearances, and potentially the preparation of an administrative record. Goldfarb & Lipman is recognized statewide as an expert in Housing Element law and is uniquely qualified to represent the Town in these matters.

The second contract amendment for FY 2025-26, with a not-to-exceed amount of $450,000, ensures the Town has the necessary resources to address pending litigation matters.

CONCLUSION:

Staff recommends that the Town Council authorize the Town Manager or designee to enter into a Second Amendment to the Contract for Litigation Legal Services for FY 2025-26 with Goldfarb and Lipman in an amount not to exceed $450,000.

COORDINATION:

This report was coordinated with the Town Attorney’s Office, Town Manager's Office, and the Finance Department.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Second Amendment

2. First Amendment and Land Use Litigation Agreement

ITEM NO. 8.

SECOND AMENDMENT TO AGREEMENT

Amendment to Agreement
Goldfarb & Lipman LLP
ATTACHMENT 1
This Second AMENDMENT TO AGREEMENT amends that certain agreement titled agreement for Professional Services dated July 1, 2025, made by and between the Town of Los Gatos, ("Town,") and Goldfarb & Lipman LLP (“Consultant”), a Limited Liability Partnership and whose address is 1300 Clay St, Oakland, CA 94612.

RECITALS
A. Town and Consultant entered into an Agreement for Professional Services on July 1, 2025 (“Agreement”).

B. The parties entered into First Amendment to Agreement for Professional Services on December 2, 2025.

C. The parties desire to amend the Agreement in order to increase the not-to-exceed amount of compensation by $100,000.00.

AMENDMENT
A. The “not to exceed” amount in the Compensation Section is amended to $450,000.00.

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

ITEM NO. 8.

Amendment to Agreement Page 2 of 2
Goldfarb & Lipman LLP
TOWN OF LOS GATOS CONTRACTOR: Goldfarb & Lipman LLP
**signature_99428**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_99428**

DATE SIGNED
**signature_99425**

SIGNATURE
Celia W. Lee

CONTRACTOR SIGNATORY'S FULL NAME
Esquire

CONTRACTOR SIGNATORY'S TITLE
**date_signed_99425**

DATE SIGNED
Approved as to form:
**signature_99424**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_99424**

DATE SIGNED
The execution date is the date on which the last party has signed.

ITEM NO. 8.
1 of 1
Goldfarb & Lipman Litigation Agreement First Amendment

AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 2 nd day of December,
2025 and amends that certain agreement for Professional Services dated July 1, 2025, made by and between the Town of Los Gatos, ("Town,") and Goldfarb & Lipman LLP.(“Consultant.”)

RECITALS
A. Town and Consultant entered into an Agreement for Professional Services on July 1, 2025, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. To cover ongoing SB 330 Land Use Litigation expenses, the parties wish to increase the compensation amount.

AMENDMENT

1. The “not to exceed” amount in the Compensation Section is amended be $350,000.00.

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

Town of Los Gatos Approved as to Consent:

By: _______________________________ By:______________________________ Chris Constantin, Town Manager Celia W. Lee, Esquire
Approved as to Form:
______________________________
Gabrielle Whelan, Town Attorney
Docusign Envelope ID: 07142FF8-5BC1-4ECC-BE01-69B123B1742B 12/5/2025
12/16/2025
12/16/2025
ATTACHMENT 2

ITEM NO. 8.
4051296.1
August 27, 2025
via electronic mail
Gabrielle Whelan, Town Attorney
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
[email protected]
Re: Legal Services – Town of Los Gatos– Land Use Litigation Dear Gabrielle:

Goldfarb & Lipman LLP would be pleased to provide legal services to the Town of Los Gatos (the Town) in connection with the following land use litigation matters as authorized in writing by the Town for the period from July 1, 2025 to June 30, 2026:
a) The Town of Los Gatos, a California municipal corporation vs Arya Properties, LLC et al Case Number: 25CV462276 (Arya Matter)
b) Los Gatos LLC vs The Town of Los Gatos, Case Number: 25CV467536 (Capri Matter)
Dolores Bastian Dalton will have primary responsibility for our work on the Arya matter and Celia W. Lee will have primary responsibility on the Capri matter. Barbara E. Kautz, Brandon V. Stracener and Nazanin Salehi will provide assistance in both matters. Our goal is to provide you with quality legal services, on schedule and at a reasonable cost.

To that end, we may also draw on the services of other colleagues as needed to provide the most cost-effective services.

Our fees will be billed on an hourly basis at the rates set forth in the attached Rate Schedule, and payable monthly based on the number of hours expended on the matter with a maximum of $200,000 for the period from July 1, 2025 to June 30, 2026. Our billing rates for this matter reflect our discounted rates for legal advice and representation for public entity clients and are subject to the increases described in attached Goldfarb & Lipman's Legal Representation Policies and Procedures. Our hourly rates are adjusted from time to time and may change during the course of our engagement upon sixty (60) days prior written notice to you. If you choose not to consent to the increased rates, you may terminate our services by written notice effective when received by us. The time charged will include, but is not limited to, the time spent on telephone calls, emails and other electronic communications relating to the transaction, including calls and emails with Town staff and other parties and attorneys. The legal personnel ATTACHMENT 1
Docusign Envelope ID: D28B6509-992A-4A93-85C1-274FD297186B Docusign Envelope ID: 07142FF8-5BC1-4ECC-BE01-69B123B1742B

ITEM NO. 8.

Gabrielle Whelan, Town Attorney
Town of Los Gatos
August 27, 2025

4051296.1
assigned to this transaction may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. If more than one of the legal personnel participates in a call or attends a meeting, each may charge for the time spent as appropriate. We do not anticipate the need for any travel during this engagement.

Goldfarb & Lipman may withdraw with your consent or for good cause or if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. Among the circumstances under which we may withdraw are: (a) with your consent; (b) if your conduct renders it unreasonably difficult for the firm to carry out the legal services effectively; and/or (c) if you fail to pay fees or costs as required by this Agreement. Notwithstanding the withdrawal, you will remain obligated to pay Goldfarb & Lipman at the agreed rates for all services provided and to reimburse for all costs advanced during the term of our engagement.

Nothing in this Agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of the representation. Goldfarb & Lipman makes no such promises or guarantees. Goldfarb & Lipman's comments about the outcome of the representation are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees. Any estimate of fees given by Goldfarb & Lipman is not a representation of a flat fee and will not be a limitation on fees or a guarantee that fees and costs will not exceed the amount of any deposit or estimate. Actual fees may vary from estimates given.

When signed by an authorized agent on behalf of the Town, this letter constitutes the written fee agreement with Goldfarb & Lipman LLP in connection with the work described above. This agreement does not cover litigation services of any kind, whether in court, arbitration, administrative hearings, or government agency hearings. A separate written agreement for these services or services in any other matter not described above will be required.

Please call me if you have any questions or concerns about this proposal. If the arrangement described in this letter is satisfactory, then please sign the letter in the space provided on the following page and email an electronic copy to us at: [email protected] and [email protected] and keep a copy for your files.

We appreciate the opportunity to work with you and Town staff members and look forward to representing the Town of Los Gatos on this matter.

Very truly yours,

DOLORES BASTIAN DALTON
Docusign Envelope ID: D28B6509-992A-4A93-85C1-274FD297186B Docusign Envelope ID: 07142FF8-5BC1-4ECC-BE01-69B123B1742B

ITEM NO. 8.

Gabrielle Whelan, Town Attorney
Town of Los Gatos
August 27, 2025

4051296.1
CELIA W. LEE
Enclosures: Rate Schedule; Billing Policies and Procedures ACCEPTED AND AGREED:

TOWN OF LOS GATOS
By: __________________________
Its: ___________________________
Date: _________________________
Docusign Envelope ID: D28B6509-992A-4A93-85C1-274FD297186B Gabrielle Whelan
Town Attorney
9/8/2025
Docusign Envelope ID: 07142FF8-5BC1-4ECC-BE01-69B123B1742B

ITEM NO. 8.
4051296.1
Goldfarb & Lipman LLP
Billing Rates Per Hour
Partner $370-$390
Senior Counsel $365-$390
Associate $275-$365
Senior Law Clerk $260
Law Clerk $210
Project Coordinator $210
Docusign Envelope ID: D28B6509-992A-4A93-85C1-274FD297186B Docusign Envelope ID: 07142FF8-5BC1-4ECC-BE01-69B123B1742B

ITEM NO. 8.
4051296.1

GOLDFARB & LIPMAN LLP

LEGAL REPRESENTATION POLICIES AND PROCEDURES
Dear Client:

Experience has shown that the attorney-client relationship works best when there is a mutual understanding about fees and payment terms. Accordingly, this letter is intended to briefly explain our billing policies and procedures. We encourage you to discuss with us any questions you may have concerning these policies and procedures.

To determine the value of our services, we require each of our lawyers and legal assistants to maintain time records for each client and matter. The time records are reviewed monthly by the responsible billing attorney. Our billing rates for services rendered for partners, associates, and for paralegals are attached. Our hourly rates are adjusted from time-to-time (generally once a year) and may change during the course of our engagement upon 60 days prior written notice to you.

It is our policy to serve you with the most effective support systems available. Therefore, in addition to our fees for legal services, we may also charge the actual costs for messengers, delivery other than by US postal service, court costs, and other costs and expenses incurred on your behalf that are reasonably necessary for our representation of you.

Our billing statements are due and payable upon receipt. Clients whose statements are not paid within 30 days of the statement date may be assessed a late charge on the unpaid balance at the rate of one-and-a-half percent per month.

We carry professional liability insurance above the limits required by law.

It is our policy to retain and ultimately destroy all files, documents, records, and writings relating to each engagement for which we have been retained without notifying clients or former clients of the destruction of these items. At the termination of services and conclusion of a matter covered by this agreement, we will release promptly upon your request all of your client papers and property, subject to any protective order, state statute, or nondisclosure agreement. After seven years have passed since the conclusion of such matter, we may dispose of your client papers and property. If you wish to have us retain your papers and property beyond seven years after the conclusion of such matter, you must make separate written arrangements with us. Client papers and property include: electronic and hard copy versions of any correspondence, pleadings, deposition transcripts, exhibits, experts' reports, legal documents, physical evidence, and other items reasonably necessary to the client's representation, whether the client has paid for them or not.

In closing, let us assure you that it has always been and will continue to be our goal to provide legal services to you on the most efficient and cost effective bases possible. If you have any questions or comments regarding our billing policies, please feel free to contact us. Thank you for your continued cooperation.

Very truly yours,

GOLDFARB & LIPMAN LLP
Docusign Envelope ID: D28B6509-992A-4A93-85C1-274FD297186B Docusign Envelope ID: 07142FF8-5BC1-4ECC-BE01-69B123B1742B

ITEM NO. 8.

PREPARED BY: Gabrielle Whelan
Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Community Development Director, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
1302\07\4197938.1

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/21/2026
ITEM NO: 9
DATE: April 16, 2026
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Following a Court Order, Hear the Appeals Submitted by Applicants for (1) Luxe and (2) Arya Projects Regarding Government Code Section 65941.1’s Deadline for Submittal of Complete Planning Applications for Proposed Projects at (1) 14849 Los Gatos Boulevard, and (2) 15300 and 15330 Los Gatos Boulevard
RECOMMENDATION: Following a court order, hear the appeals regarding Government Code Section 65941.1’s deadline for submittal of complete Planning Applications for proposed projects at (1) 14849 Los Gatos Boulevard (Architecture and Site Application S-24-008 and Subdivision Application M-24-005) and (2) 15300 and 15330 Los Gatos Boulevard (Architecture and Site Application S-24-018, Conditional Use Permit Application U-24-007, and Subdivision Application M-24- 009) and adopt Resolutions applying the Superior Court
determination that multiple 90-Day resubmission periods to respond to successive incompleteness determinations are allowed.

FISCAL IMPACT:

Applying the court’s determination will not have a fiscal impact.

STRATEGIC PRIORITY:

This supports the Town’s strategic priority of implementing its Housing Element in accordance with state law.