05 Attachment 1 - Wayfinding Signage SpecificationsIssued December 8, 2023
PROJECT
PLANS AND SPECIFICATIONS
FOR
Project #813-0242
Parking Program Implementation-Wayfinding
Signage
Bid Opening
Friday, January 19th at 2.00 PM
Approved by Town Council for the Town of Los Gatos
ATTACHMENT 1
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Parking Program Implementation - Wayfinding Signage
#813-0242
TABLE OF CONTENTS
PART I-BID AND CONTRACT FORMS .............................................................................................. 5
NOTICE TO CONTRACTORS ............................................................................................................ 7
BID FORM ..................................................................................................................................... 11
B.APPROXIMATE ESTIMATE .................................................................................... 13
C. RESERVATION ...................................................................................................... 13
D.SUBCONTRACTORS .............................................................................................. 13
E.NOTICE ................................................................................................................. 13
F.DISCLOSURE ......................................................................................................... 13
G.WORDS AND PHRASES ........................................................................................ 14
H.CERTIFICATION .................................................................................................... 14
I. LICENSING ............................................................................................................ 15
LIST OF SUBCONTRACTORS .......................................................................................................... 17
BIDDER'S BOND ............................................................................................................................ 18
CONSTRUCTION AGREEMENT ...................................................................................................... 20
PART II-GENERAL CONDITIONS .................................................................................................... 35
SECTION 1 DEFINITIONS AND TERMS ...................................................................................... 37
1-1.01 DEFINITIONS ........................................................................................................ 37
1.1.02 SPECIFICATIONS ................................................................................................... 38
1-1.03 GENERAL .............................................................................................................. 38
1-1.04 STATEMENT OF WORK ........................................................................................ 39
1-1.05 DRAWINGS ........................................................................................................... 39
1-1.06 BUSINESS LICENSE ............................................................................................... 39
1-1.07 MINORITY AND WOMEN BUSINESS ENTERPRISES .............................................. 39
1-1.08 PROOF OF COMPETENCY OF BIDDER .................................................................. 39
1-1.09 SPECIAL NOTICE ................................................................................................... 39
SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS .................................................... 40
2-1.01 GENERAL .............................................................................................................. 40
2-1.02 LICENSES .............................................................................................................. 40
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2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE WORK ............................. 40
2-1.04 CONTENTS OF BID ............................................................................................... 40
2-1.05 WITHDRAWAL OF BID .......................................................................................... 41
2-1.06 WITHDRAWAL OF BIDS AFTER OPENING ............................................................ 41
2-1.07 BIDDERS INTERESTED IN MORE THAN ONE BID .................................................. 41
2-1.08 SUBMISSION OF BIDS; AGREEMENT TO ASSIGN ................................................. 41
2-1.09 LIST OF SUBCONTRACTORS ................................................................................. 41
2-1.10 INSURANCE .......................................................................................................... 42
2-1.11 BIDDER'S BOND ................................................................................................... 42
2-1.12 GUARANTEE OF MATERIALS AND EQUIPMENT .................................................. 42
2-1.13 PROPOSAL GUARANTY ........................................................................................ 42
2-1.14 PRE-BID SITE INSPECTION .................................................................................... 43
SECTION 3 AWARD AND EXECUTION OF CONTRACT .............................................................. 44
3-1.01 GENERAL .............................................................................................................. 44
3-1.02 AWARD OR REJECTION OF BIDS .......................................................................... 44
3-1.03 REJECTION OF PROPOSALS .................................................................................. 44
3-1.04 SUBSTITUTION OF SUBCONTRACTORS................................................................ 45
3-1.05 PERFORMANCE BOND AND LABOR AND MATERIALS BOND .............................. 46
3-1.06 WORKER’S COMPENSATION................................................................................ 46
3-1.07 INSURANCE REQUIREMENTS ............................................................................... 47
3-1.08 EXECUTION OF AGREEMENT ............................................................................... 47
3-1.09 NOTIFICATION BY CONTRACTOR ......................................................................... 48
3-1.10 PRE-CONSTRUCTION CONFERENCE..................................................................... 48
SECTION 4 SCOPE OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES ............ 49
4-1.01 GENERAL .............................................................................................................. 49
4-1.02 TIME OF COMPLETION ........................................................................................ 49
4-1.03 LIQUIDATED DAMAGES ....................................................................................... 49
4-1.04 LOCATION OF WORK ........................................................................................... 50
4-1.05 CHANGES TO THE WORK ..................................................................................... 50
4-1.06 CHANGED CONDITIONS ....................................................................................... 50
4-1.07 NOTIFICATION OF CHANGE IN CONDITION ......................................................... 52
SECTION 5 CONTROL OF WORK ............................................................................................... 54
SECTION 6 CONTROL OF MATERIALS ....................................................................................... 55
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6-1.01 GENERAL .............................................................................................................. 55
6-1.02 TOWN FURNISHED MATERIALS ........................................................................... 55
6-1.03 SUBMITTALS ........................................................................................................ 55
6-1.04 MATERIALS SUBMITTAL LIST ............................................................................... 55
6-1.05 Record Drawings.................................................................................................. 56
6-1.06 Materials Testing ................................................................................................. 57
SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES ............................................................ 58
7-1.01 GENERAL .............................................................................................................. 58
7-1.02 PREVAILING WAGE .............................................................................................. 58
7-1.03 PAYROLL RECORDS .............................................................................................. 58
7-1.04 LABOR NONDISCRIMINATION ............................................................................. 59
7-1.05 LEGAL RELATIONS AND RESPONSIBILITY ............................................................. 62
7-1.06 EMPLOYMENT OF APPRENTICES ......................................................................... 63
7-1.07 PUBLIC SAFETY ..................................................................................................... 64
7-1.08 ADDITIONAL SURETIES ........................................................................................ 64
7-1.09 INSURANCE .......................................................................................................... 64
7-1.10 CONTRACT DOCUMENTS ON SITE ....................................................................... 66
7-1.11 COORDINATION OF WORK WITH OTHER CONTRACTS ....................................... 66
7-1.12 TRAFFIC CONTROL PLAN AND DEVICES ............................................................... 67
7-1.13 EQUIPMENT AND MATERIAL REPLACEMENT ...................................................... 67
7-1.14 PUBLIC SAFETY – NOISE ....................................................................................... 67
7-1.15 EQUAL EMPLOYMENT OPPORTUNITY POLICY .................................................... 68
7-1-16 EQUAL EMPLOYMENT OPPORTUNITY OFFICER .................................................. 68
7-1.17 DISSEMINATION OF POLICY ................................................................................. 68
7-1.18 RECRUITMENT ..................................................................................................... 68
7-1.19 PERSONNEL ACTIONS .......................................................................................... 69
7-1.20 TRAINING AND PROMOTION ............................................................................... 70
7-1.21 UNIONS ................................................................................................................ 70
7-1.22 SUBCONTRACTING .............................................................................................. 70
7-1.23 DEBARRED CONTRACTORS AND SUBCONTRACTORS .......................................... 70
7-1.24 NOTICES AND POSTERS ....................................................................................... 71
7-1.25 FAIR EMPLOYMENT PRACTICES STATEMENT ...................................................... 71
7-1.26 RECORDS .............................................................................................................. 71
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7-1.27 REPORTS .............................................................................................................. 72
7-1.28 BREACH OF EQUAL EMPLOYMENT CONDITIONS ................................................ 72
7-1.29 DISQUALIFICATION FROM FUTURE CONTRACTS ................................................ 73
7-1.30 OTHER REMEDIES ................................................................................................ 74
7-1.31 PUBLIC WORKS CONTRACTS; ASSIGNMENT TO AWARDING BODY .................... 74
7-1-32 UNFAIR BUSINESS PRACTICE CLAIMS .................................................................. 74
7-1.33 CLAIMS ................................................................................................................. 74
SECTION 8 PROSECUTION AND PROGRESS ............................................................................. 78
8-1.01 GENERAL .............................................................................................................. 78
8-1.02 PROGRESS SCHEDULE .......................................................................................... 78
8-1.03 START OF WORK AND TIME OF COMPLETION .................................................... 78
8-1.04 LIQUIDATED DAMAGES ....................................................................................... 79
8-1.05 ADJUSTMENT AND PRESERVATION OF UTILITIES ............................................... 79
8-1.06 SUPERVISION ....................................................................................................... 80
8-1.07 PRE-CONSTRUCTION CONFERENCE..................................................................... 80
SECTION 9 MEASUREMENT AND PAYMENT ............................................................................ 81
9-1.01 GENERAL .............................................................................................................. 81
9-1.02 MEASUREMENT AND PAYMENT ......................................................................... 81
PART III- SPECIAL PROVISIONS & TECHNICAL SPECIFICATIONS .................................................. 85
SECTION 10 TECHNICAL SPECIFICATIONS & SPECIAL PROVISIONS ....................................... 87
SECTION 10-1 GENERAL CONSTRUCTION REQUIREMENTS ............................................... 87
SECTION 10-2 TRAFFIC CONTROL REQUIREMENTS ........................................................... 95
SECTION 10-3 EXISTING FACILITIES .................................................................................. 100
SECTION 10-4 CLEARING AND GRUBBING ....................................................................... 101
SECTION 10-5 SIGNAGE .................................................................................................... 103
SECTION 10-6 MEASUREMENT AND PAYMENT ...................................................... 103
ATTACHMENT A – Message Schedule
ATTACHMENT B – Final Design Intent including location maps
ATTACHMENT C – Blueprint for a Clean Bay
ATTACHMENT D – Storm Water Pollution Control Ordinance
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PART I-BID AND CONTRACT FORMS
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NOTICE TO CONTRACTORS
Electronic bids must be uploaded on the Town of Los Gatos’ bidding site
www.bidnetdirect.com//townoflosgatos by 2 PM on Friday, January 19, 2023 for the following
project:
Project #813-0242 PARKING PROGRAM IMPLEMENTATION-WAYFINDING SIGNAGE
at which time they will be opened electronically. Bidders must register for an account on the
Bidnet site www.bidnetdirect.com//townoflosgatos to submit bids electronically. Plans,
Specifications, and Addendums (if any) may be viewed and downloaded free of charge via the
internet at www.bidnetdirect.com//townoflosgatos. To be included on the Plan Holder’s List for
the Project, registered users must download the Plans and Specifications from bidding
website. Bidders must verify and acknowledge all addendums before submitting a bid. Hard
copies of the Plans, Specifications, and Addendums (if any) will not be provided by the Town.
Bids submitted on the Bidding portal will be opened in the Clerk's Office at 110 E. Main Street,
Los Gatos, CA 95030 and publicly read aloud during a Zoom meeting after bids have closed on
the day and time listed above. Please contact Janice Chin at jchin@losgatosca.gov for the
Zoom link to participate. After the bid opening, bid bonds from the lowest three responsible
bidders must be submitted to the Town of Los Gatos Parks and Public Works Director at 41
Miles Avenue, Los Gatos, CA 95030 and be postmarked within three business days of the bid
opening date.
This following information is presented to indicate the size of the project and no warrant is
made or intended as to final quantities:
The project includes removal/replacement/installation of new Wayfinding signs and posts (as
needed) townwide.
All contractors and subcontractors have been required since April 1, 2015 to be registered with
the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on
a bid proposal or may work on a public works project unless registered with DIR.
All contractors and subcontractors must furnish electronic certified payroll records directly to
the Labor Commissioner (aka Division of Labor Standards Enforcement). For additional
information, visit the DIR website at: http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Each bid must be accompanied by a Bidder's Bond executed by a corporate surety authorized
to engage in such business in the State of California, payable to the Town of Los Gatos, in an
amount not less than ten percent (10%) of the amount of the Base Bid. The successful bidder
will be required to furnish a Performance Bond in an amount equal to one hundred percent
(100%) of the contract price, and a Labor and Material Bond in an amount equal to one
hundred percent (100%) of the contract price. Said bonds shall also be executed by a corporate
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surety authorized to engage in such business in the State of California and be made payable to
the Town of Los Gatos. Original Bidder’s Bond with surety seal must accompany the bid.
If the successful bidder fails, neglects, or refuses for TEN (10) calendar days after the award of
the contract to enter into the contract to perform the work, the cashier's check, certified check,
or Bidder's Bond accompanying the bid and the amount therein named, shall be declared
forfeited to the Town and shall be collected by it and paid into its general fund. No bidder may
withdraw his/her bid for a period of SIXTY (60) calendar days after the date set for the opening
thereof, and the same shall be subject to acceptance by the Town during this period.
The Town reserves the right to reject any or all bids, waive any irregularities in any bids and its
determination as to which bid is the lowest responsible bid and is for the best interest of the
Town shall be final. The Town shall have SIXTY (60) calendar days from and after the opening of
the bids within which to make its determination.
The Contractor receiving the award of the contract shall begin work within FIFTEEN (15)
calendar days after receipt of the Notice to Proceed and shall diligently prosecute the same to
completion within the time restrictions as listed in the technical specifications and all work shall
be completed by the time allotted in the technical specifications.
The Contractor shall have One hundred and twenty (120) working days to complete this
project (including manufacturing and installation). Working days will be counted upon the
Contractor’s receipt of the Notice to Proceed, as noted above.
At the time the Contractor’s bid proposal is submitted, the Contractor shall possess a valid Class
A California General Contractor's License. The Contractor shall also possess a valid Town of Los
Gatos Business License at the time the contract is awarded.
The Town of Los Gatos hereby notifies all bidders that it will affirmatively insure that the
contract entered into pursuant to this advertisement will be awarded to the lowest responsible
bidder without discrimination on the grounds of race, color, national origin, sex, religion, age or
disability. The Contractor or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR, Part 26 in the award and administration of DOT-assisted
contracts. Failure by the Contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract, or such other remedy as
recipient deems appropriate.
Prevailing Wage. This project is subject to the requirements of Section 1720 et seq. of the
California Labor Code requiring the payment of prevailing wages, the training of apprentices
and compliance with other applicable requirements. Contractors and all subcontractors who
perform work on the project are required to comply with these requirements. Prevailing wages
apply to all projects over $1,000 which are defined as a “public work” by the State of California.
This includes: construction, demolition, repair, alteration, maintenance, and the installation of
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photovoltaic systems under a Power Purchase Agreement when certain conditions are met
under Labor Code Section 1720.6. This include service and warranty work on public buildings
and structures. For additional information see the State of California Department of Industrial
Relations web page at https://www.dir.ca.gov/public-works/prevailing-wage.html.
For any moneys earned by the Contractor and withheld by the Town to ensure the
performance of the contract, the Contractor may, at the Contractor's request and expense,
substitute securities equivalent to the amount withheld in the form and manner and subject to
the conditions provided in Article 8, (commencing with Section 10263), Chapter 1, Part 2,
Division 2 of the Public Contract Code of the State of California.
Plans, Specifications, and Addendums (if any) may be viewed at no cost and downloaded from
the Los Gatos bidding portal www.bidnetdirect.com//townoflosgatos.
ATTEST:
/s/Wendy Wood, Town Clerk
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BID FORM
TO: The Town of Los Gatos, County of Santa Clara,
State of California, herein called Owner
FROM: _____________________________, herein called Contractor
Pursuant to and in compliance with your Notice to Contractors and the Contract Documents
relating to the Project #813-0242 Parking Program Implementation-Wayfinding Signage
including Addenda No. _______, _______, _______, _______, _______, the undersigned
bidder, having become thoroughly familiar with the terms and conditions of the Contract
Documents and with the local conditions affecting the performance and the costs of the Work
at the place where the Work is to be done, and having inspected the site in all particulars,
hereby proposes and agrees to fully perform the work within the time stated and in strict
accordance with the Contract Documents (including the furnishing of any and all labor and
materials) and do all the work required to construct and to complete said work in accordance
with the Contract Documents, and that Contractor will take in full payment therefore the
amounts shown on the following unit price schedule:
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A – UNIT PRICE SCHEDULE
Project #23-813-0242Parking Program Implementation-Wayfinding Signage
CONTRACTOR'S NAME:
Sign
Type
No. Sign Type Unit Quantity Unit Cost
Extended
Cost
G1 Branded Town Gateway Ea. 1
G2 Vertical Branded Banner Ea. 11
V10 Wayfinding Directional Ea. 15
V20 Parking Directional (assumes these mount
to existing posts)
Ea. 16
V30 Overhead Garage Parking Ea. 2
P10 Two-Posted Parking Lot ID Ea. 10
P20 Single-Posted Parking Lot ID (two panels
back to back)
Ea. 10
P25 North Side Parking Lot ID (two panels back
to back)
Ea. 1
P30 Parking Garage ID Ea. 2
P35 Parking Rules and Regulations (assumes all
existing posts)
Ea. 19
P37 Parking Garage Directional (assumes
existing posts) (2 back to back panels)
Ea. 2
P40 Pedestrian Directional (assumes new posts
and footings) (2 back to back panels)
Ea. 13
P40 Pedestrian Directionals (assumes existing
posts) (1 panel)
Ea. 6
GRAND TOTAL 108
Sign type estimate includes installation and new posts unless otherwise noted. Signs are non-
illuminated unless otherwise noted.
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B.APPROXIMATE ESTIMATE
The quantities shown on this bid form are approximate only, being given as a basis for the
comparison of bids, and the Owner does not, expressly or by implication agree that the actual
amount of work will correspond therewith, but reserves the right to increase or decrease the
amount or class or portion of the work as may be deemed necessary or advisable by the
Director of Parks & Public Works. This bid will be rejected if bidder fails to provide a bid for each
item. The Owner reserves the right to make a comparison of bids based on any combination of
the above alternate bid items.
C.RESERVATION
It is understood that the Owner reserves the right to reject this bid, but that this bid shall not
be withdrawn for a period of 60 days from the date prescribed for its opening.
D.SUBCONTRACTORS
Attached hereto and incorporated herein is the complete and entire list of subcontractors to be
employed by the undersigned in the performance of the work.
E.NOTICE
If written notice of the acceptance of this bid is mailed or delivered personally to the
undersigned within 60 days after the date set for the opening of this bid, or at any time
thereafter before it is withdrawn, the undersigned bidder shall execute and deliver the
Contract Documents to Owner in accordance with this bid as accepted, and will also furnish and
deliver to Owner the Performance Bond, Labor and Material Bond as specified, and proof of
insurance coverage as required in Part I, under “Construction Agreement,” of these
Specifications, all within 10 calendar days after personal delivery or after deposit in the mails,
of the notification of acceptance of this bid. The above-mentioned bonds shall be satisfactory
to, and on the forms approved by Owner.
Notice of acceptance or request for additional information may be addressed to the
undersigned at the address set forth below.
F.DISCLOSURE
The undersigned declares that this bid is not made in the interest of or on behalf of any
undisclosed person, partnership, company, association, organization or corporation; that the
bid is genuine and not collusive or sham; that the undersigned has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid and has not directly or
indirectly colluded or agreed with any bidder or anyone else to put in a sham bid or to refrain
from bidding; that the undersigned has not directly or indirectly sought by agreement,
communication or conference with anyone to fix his/her bid price or the bid price of any other
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bidder, or to fix any overhead, profit or cost element of such bid price or of that of any other
bidder, or to secure any advantage against the Town of Los Gatos or anyone interested in the
proposed Contract; that the only persons or parties interested in this bid as principals are those
named herein; that all statements contained in this bid are true; that the undersigned has not
directly or indirectly, submitted his/her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, to any other persons, partnership,
corporation, or association except to such person or persons as have a direct financial interest
in bidder's general business; and that the undersigned has not accepted any bid from any
subcontractor or vendor through any bid depository, the Bylaws, Rules or Regulations of which
prohibit or prevent the undersigned from considering any bid from any subcontractor or
vendor, which is not processed through said bid depository, or which may prevent any
subcontractor or vendor from bidding to any general contractor who does not use the facilities
of or accept bids from or through such bid depository; and that the undersigned has not paid,
and will not pay, any fee to any corporation, partnership, company, association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
G. WORDS AND PHRASES
Wherever in this bid an amount is stated in both words and figures, in case of discrepancy
between words and figures, the words shall prevail; if all or any portion of the proposal is
required to be given in unit prices and totals and a discrepancy exists between any such unit
prices and totals so given, the unit prices shall prevail.
H. CERTIFICATION
The undersigned certifies that the Contract Documents have been thoroughly read and
understood and that, except as may be specifically noted and contained in addenda, there are
no discrepancies or misunderstandings as to the meaning, purpose or intent of any provision in
the Contract Documents or as to the interpretation of the same. The undersigned hereby
incorporates by reference, the same as though set out in full, all provisions of the Notice to
Contractors and Information for Bidders published by Owner and pertaining to the work
described in this bid.
Accompanying this bid is bidder's bond in amount equal to at least 10% of total of the bid,
naming the Owner as Obligee or Payee, as applicable.
The names of all persons interested in the foregoing bid as principals are as follows:
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IMPORTANT NOTICE: If bidder or other interested person is a corporation, give legal name of
corporation, state where incorporated and names of the president and secretary thereof; if a
partnership, give name of the firm, also names of all individual co-partners composing firm; if
bidder or other interested person is an individual, give first and last names in full.
I.LICENSING
The undersigned is licensed in accordance with State Law providing for the registration of
Contractors, License No. ____________. [A class "A" California Contractor’s License is required.]
The License expiration date is ______________. No payment for work or material under this
Contract will be made by Owner unless and until the Owner receives verification from the State
Registrar of Contractors that the records of the Contractor's State License Board indicate the
successful bidder was properly licensed at the time the Contract was awarded.
Any bidder not so licensed shall be subject to all legal penalties imposed by law, including, but
not limited to, an appropriate disciplinary action by the Contractor's State License Board.
In addition, failure of the bidder to obtain and maintain proper and adequate licensing for the
Contract shall constitute a failure to execute or perform this Contract and shall result in the
forfeiture of the security of the bidder. The representations made herein are under penalty of
perjury.
NOTE: If bidder is a corporation, the legal name of the corporation shall be set
forth below, together with the signature of the officer or officers authorized to
sign contracts on behalf of the corporation; if bidder is a co-partnership, the
name of the firm shall be set forth below, together with the signatures of the
partner or partners authorized to sign contracts in behalf of the co-partnership;
and if bidder is an individual, his/her signature shall be placed below.
I declare under penalty of perjury that I have the authority to execute this bid form and that the
foregoing is true and correct.
BIDDER: _______________________________________________________________________
(FIRM NAME)
SIGNATURE: __________________________ PRINTED NAME: _________________________
TITLE: ____________________________________ DATE: _____________________________
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ADDRESS / TELEPHONE / E-MAIL: __________________________________________________
______________________________________________________________________________
DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION NUMBER: __________________
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LIST OF SUBCONTRACTORS
In compliance with the provisions of §§4100-4107 of the Public Contracts Code of the State of California,
and any amendments thereof, the undersigned bidder has set forth below the name and the
location of the place of business of each subcontractor who will perform work or labor or
render service to the undersigned in or about the construction of the Work to be performed
under the Contract Documents to which the attached bid is responsive, or of a person who will,
off the job site, specially fabricate a portion of the Work or improvement according to detailed
drawings contained in the Contract Documents, and the portion of the Work which will be done
by each such subcontractor or person that will be in an amount in excess of ½ of 1% of the
prime Contractor's total bid, or $10,000, whichever is greater. Prime Contractor shall list the
California Department of Industrial Relations (DIR) number for all subcontractors working on
the project.
SUBCONTRACTOR BUSINESS
ADDRESS
DESCRIPTION OF WORK COST OF
WORK
DIR#
Bidder’s Signature
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BIDDER'S BOND
KNOW ALL PERSONS BY THESE PRESENTS:
That we, as Principal, and ________________________ as
Surety, are held and firmly bound unto the Town of Los Gatos, a municipal corporation of the
State of California (hereinafter called "Town") in the penal sum of 10% of the total aggregate
amount of the bid of the Principal above named, submitted by said Principal to the Town for
the Project listed below, for the payment of which sum in lawful money of the United States,
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents. In no case shall the liability of the
Surety hereunder exceed the sum of
______________________________________________________ ($ )
dollars.
Project #813-0242 Parking Program Implementation-Wayfinding Signage
The condition of this obligation is such that a bid to the Town for this project, for which bids are
to be opened on Friday, January 19th at 2.00 PM, has been submitted by Principal to Town:
BID TOTAL from BID SCHEDULE: ______________________________
The quantities shown on the bid form are approximate only, being given as a basis for the
comparison of bids, and the Owner does not, expressly or by implication agree that the actual
amount of work will correspond therewith, but reserves the right to increase or decrease the
amount or class or portion of the work as may be deemed necessary or advisable by the
Director of Parks & Public Works.
NOW THEREFORE, if the Principal is awarded the Contract and within the time and manner
required under the Specifications, after the prescribed forms are presented to the Principal for
signature, enters into a written contract, in the prescribed form, in accordance with the bid,
and files 2 bonds with the Town, to guarantee faithful performance of the Contract and to
guarantee payment for labor and materials as provided by law as well as files insurance
certificates and equal employment opportunity documentation required under the bid, then
this obligation shall be null and void; otherwise, it shall remain in full force.
In the event suit is brought upon said bond by Town, and judgment is recovered, the Surety
shall pay all costs incurred by Town in such suit, including a reasonable attorney's fee to be
fixed by the Court.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 20 .
PRINCIPAL: SURETY:
(Seal) (Seal)
(Seal) (Seal)
(Seal) (Principal) (Seal) (Principal)
(Address) (Address)
(City, State, Zip) (City, State, Zip)
(Phone Number) (Phone Number)
NOTE: Attach Notary Acknowledgment for signatures of those executing for PRINCIPAL (owner)
and SURETY.
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CONSTRUCTION AGREEMENT
This Agreement is dated for identification this (DATE), and is made by and between the
TOWN OF LOS GATOS, a California municipal corporation, whose address is 110 East Main Street,
Los Gatos, California 95030 (hereinafter "TOWN"), and (Contractor Name), identified as an () and
whose address is __________________ (hereinafter "CONTRACTOR").
NOW, THEREFORE, the parties agree:
ARTICLE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT.
That for and in consideration of the payments and agreements hereinafter mentioned, to
be made and performed by the said TOWN, and under the conditions expressed in the two bonds
hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost
and expense, to do all the work and furnish all the materials and equipment necessary to
construct and complete, in accordance with the plans and specifications hereinafter mentioned,
in a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or
his, of the TOWN OF LOS GATOS, California, all the works and improvements described,
mentioned and set forth in those plans and specifications on file in the Office of the Parks and
Public Works of said TOWN, entitled:
" Project #813-0242 Parking Program Implementation-Wayfinding Signage”
which said plans and specifications and all the documents therein contained, including the TOWN
OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such reference
made part of this contract.
ARTICLE II: CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exhibit “A” (AMOUNT),
which is attached hereto and incorporated by reference herewith, as full compensation for
furnishing all materials and equipment and for doing all the work described in the contract
documents; also for all loss or damage as provided in the contract documents in the prosecution
of the work until its acceptance by the Town Council of the TOWN OF LOS GATOS, and for well
and faithfully completing the work, and the whole thereof, in the manner and according to the
contract documents, plans and specifications, and the requirements of the Town Engineer.
ARTICLE III: ACCEPTANCE BY TOWN
The said TOWN hereby promises and agrees with the said CONTRACTOR to employ, and
does hereby employ the said CONTRACTOR to provide the materials and to do the work according
to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby
contracts to pay the same at the time, in the manner and upon the conditions above set forth;
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and the said parties for themselves their heirs, executors, administrators, successors and assigns,
do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Part I–Page 1 of the TOWN's Project Specifications Notice to
Contractors which are hereby made a part of this contract. Inasmuch as the work called for under
this contract concerns a needed public improvement, the time of performance and completion
of this work is of the essence of this contract. It is expressly understood and agreed by the parties
hereto that all the work called for under this contract, in all its parts and requirements, shall be
completed thirty (30) working days from Notice to Proceed.
ARTICLE V: HOURS OF LABOR
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25) for
each workman employed in the execution of the contract by him or by any subcontractor for
each calendar day during which any workman is required or permitted to labor more than eight
(8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and all
amendments thereto.
ARTICLE VI: APPRENTICES
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor
Code governing the employment of apprentices by the CONTRACTOR or any subcontractor under
him. CONTRACTOR and any of his subcontractors shall comply with the requirements of said
sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance with the
said sections regardless of any other contractual or employment relationships alleged to exist.
Information relative to apprenticeship standards and other requirements may be
obtained from the Director of Industrial Relations ex officio the Administrator of Apprenticeship,
San Francisco, California or from the Division of Apprenticeship Standards at its branch offices.
ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin or sex in the performance of this contract. CONTRACTOR shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted
contracts.
Failure by CONTRACTOR to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as recipient
deems appropriate.
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ARTICLE VIII: INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR is an independent contractor, and all persons working for
or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and employees, and
said persons shall not be deemed agents, servants or employees of TOWN.
ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS
CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics,
writings, recordings and other tangible materials regardless of form or format, including, without
limitation, electronically transmitted documents and ACAD files, and other collateral materials
collected, compiled, drafted, prepared, produced and/or generated in the performance of this
Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such documents
to TOWN upon TOWN's request. In the event that this Agreement is terminated prior to
completion of the scope of work, CONTRACTOR shall provide all such data and documents to
TOWN forthwith.
ARTICLE X: INSURANCE
a. Commercial General Liability/Automobile Liability Insurance:
CONTRACTOR shall obtain and maintain Commercial General Liability insurance in
the amount of Two Million Dollars ($2,000,000) and Automobile Liability insurance in the amount
of One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit is used, either
the general aggregate limit shall apply separately to this contract or the general aggregate limit
shall be twice the required occurrence limit. CONTRACTOR's insurance coverage shall be written
on an occurrence basis.
b. Workers' Compensation Insurance:
CONTRACTOR shall obtain and maintain statutory Workers' Compensation
insurance and Employer's Liability insurance in the amount of One Million Dollars ($1,000,000)
per accident.
CONTRACTOR is familiar with the Workers' Compensation laws of California
(generally contained in Section 3700 of the Labor Code), including those provisions which provide
for specific exemptions from the requirement that all employers must carry Workers'
Compensation insurance, and CONTRACTOR maintains they are exempted under the law from
the requirement to maintain Workers' Compensation insurance coverage.
In addition, during the term of any work for TOWN under said agreement:
(1) CONTRACTOR will not employ any person in any manner so as to become subject to the
Workers' Compensation laws of California, or (2) should CONTRACTOR become subject to the
Workers' Compensation provisions of Section 3700 of the Labor Code for any reason,
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CONTRACTOR shall forthwith comply with those provisions and send evidence of financial
compliance to TOWN.
c. Acceptability of Insurers: Insurance is to be placed with insurers with a current
Best Rating of A:VII unless otherwise acceptable to TOWN.
d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall
be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be
received and approved by TOWN before work commences, and insurance must be in effect for
the duration of the contract. The absence of insurance or a reduction of stated limits shall cause
all work on the project to cease. Any delays shall not increase costs to TOWN or increase the
duration of the project.
e. Other Insurance Provisions:
(1) The TOWN OF LOS GATOS, its officers, officials, employees and volunteers
are to be covered as additional insured by Endorsement CG 20 10 11 85 or other endorsement
approved by Town Attorney for Commercial General and Automobile Liability coverage.
(2) For any claims related to this project, CONTRACTOR's insurance coverage
shall be primary and any insurance or self-insurance maintained by TOWN, its officers, officials,
employees and volunteers shall not contribute to it.
(3) Each insurance policy required shall be endorsed that a thirty (30) day
notice be given to TOWN in the event of cancellation or modification to the stipulated insurance
coverage.
(4) In the event CONTRACTOR employs subcontractors as part of the work
covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that all
subcontractors comply with the same insurance requirements that are stated in this Agreement.
(5) Approval of the insurance by TOWN or acceptance of the Certificate of
Insurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be held
responsible for payment of damages resulting from CONTRACTOR's services or operation
pursuant to this Agreement, nor shall it be deemed a waiver of TOWN's rights to insurance
coverage hereunder.
(6) If, for any reason, CONTRACTOR fails to maintain insurance coverage that
is required pursuant to this contract, the same shall be deemed a material breach of contract.
TOWN, at its sole option, may terminate this contract and obtain damages from CONTRACTOR
resulting from said breach. Alternately, TOWN may purchase such required insurance coverage,
and without further notice to CONTRACTOR, TOWN may deduct from sums due to CONTRACTOR
any premium costs advanced by TOWN for such insurance.
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ARTICLE XI: HOLD HARMLESS
CONTRACTOR hereby agrees to and shall hold TOWN, its elective and appointive boards,
commissions, officers, agents, registered volunteers, and employees harmless from any liability
for damage or claims for damage for personal injury, including death, as well as from claims for
property damage and any other claims of any sort whatsoever, including, but not limited to, any
liabilities, claims, losses, or expenses in any manner caused by, arising out of, or in connection
with, either directly or indirectly, the construction or installation of the work, the guarding of the
work, the use of improper materials in construction of the work, or the negligent, willful, or
intentional acts or omissions by CONTRACTOR or CONTRACTOR's subcontractors, agents, or
employee operations under this Agreement, whether such operations by CONTRACTOR or by any
of CONTRACTOR's subcontractors, or by any one or more persons directly or indirectly employed
by, or acting as agent for CONTRACTOR or any of CONTRACTOR's subcontractors during the
progress of the work or at any time before its completion and final acceptance, excepting suits
and actions brought by the CONTRACTOR for default of this Agreement or arising from the sole
active negligence or willful misconduct of the TOWN. The Town Council may retain so much of
the money due to the CONTRACTOR as shall be reasonably necessary to protect the TOWN, until
disposition has been made of such suits or claims for damages as aforesaid.
CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option of
the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney) and
indemnify TOWN and its elective and appointive boards, commissions, officers, agents, and
employees from any suits or actions at law or in equity arising out of the execution, adoption or
implementation of this Agreement (exclusive of any such actions brought by CONTRACTOR), such
indemnification to include all costs of defense, judgments, and any awards of attorneys' fees.
Should any accident or incident causing death, personal injury or property damage occur
between the date CONTRACTOR is notified that its General Liability and/or Workers
Compensation Insurance is canceled and the effective date of such cancellation, CONTRACTOR's
obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall
in no manner be affected by the fact that the TOWN had not received the notice of cancellation
prior to the date of such accident or incident.
ARTICLE XII: BONDING REQUIREMENT
CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for Labor
and Materials, or other guarantees, in the required amounts upon bond forms provided by the
TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds for
CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial Management
Service and shall be listed on the most current Treasury Circular 570 as contained in the Federal
Register.
Contractor agrees to allow five percent of the faithful performance bond to remain in effect for
a period of two years following Town Council project acceptance as guarantee for any needed
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repair or replacement caused by defective materials and workmanship.
ARTICLE XIII: MAINTENANCE AND GUARANTY
CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may
determine, any finished product in which defects of materials or workmanship may appear or to
which damage may occur because of such defects, during a two (2) year period subsequent to
the date of final acceptance.
This article does not in any way limit the guaranty on any items for which a longer
guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period,
nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied
warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty
certificates upon completion of the project.
ARTICLE XIV: SHORING FOR TRENCHES
If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or
greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705
of the Labor Code shall also be applicable.
ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES
This Agreement shall be construed and enforced pursuant to the laws of the State of
California. Should any legal action be brought by a party for breach of this Agreement or to
enforce any provision herein, the prevailing party of such action shall be entitled to reasonable
attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable
attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on
comparable fees of private attorneys practicing in Santa Clara County.
ARTICLE XVI: LIQUIDATED DAMAGES
It is mutually agreed by CONTRACTOR and TOWN that in the event that completion of the
construction by CONTRACTOR under this Agreement is delayed beyond DATE, TOWN will suffer
damages and will incur other costs and expenses of a nature and amount which is difficult or
impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of
damages, costs and expenses, and not by way of penalty, CONTRACTOR shall pay to TOWN the
sum of Five Hundred Dollars ($500.00) per day in liquidated damages for each and every calendar
day such delay in completion of the services under this Agreement continues beyond DATE. In
the event that the liquidated damages are not paid, CONTRACTOR agrees that TOWN may deduct
the amount of unpaid damages from any money due or that may become due to CONTRACTOR
under this Agreement.
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ARTICLE XVII: INTERPRETATION OF CONTRACT
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR, then
this instrument shall control and nothing herein shall be considered as an acceptance of the said
terms of said proposal conflicting herewith.
ARTICLE XVIII: AMENDMENTS AND CHANGE ORDERS
This Agreement may be amended from time to time as necessary by formal and written
amendment or authorized change order executed by the Town Manager or designee and
principal acting on behalf of the CONTRACTOR.
ARTICLE XIX: DBE RESPONSIBILITIES
For projects that are State or Federal funding; With respect to Disadvantaged Business
Enterprises, CONTRACTOR shall do the following:
(1) Pay each subcontractor under this prime contract for satisfactory performance of
its contract no later than ten (10) days from the receipt of each payment the prime contractor
receives from TOWN. Any delay or postponement of payment from the above-referenced time
frame may occur only for good cause following written approval of TOWN. This clause applies to
both DBE and non-DBE subcontractors.
(2) Release all retainage owed to a subcontractor for satisfactory completion of the
accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or
postponement of payment from the above-referenced time frame may occur only for good cause
following written approval of TOWN. This clause applies to both DBE and non-DBE
subcontractors.
ARTICLE XX: PREVAILING WAGES
Prevailing Wage. This project is subject to the requirements of Section 1720 et seq.
of the California Labor Code requiring the payment of prevailing wages, the training of
apprentices and compliance with other applicable requirements. Contractors and all
subcontractors who perform work on the project are required to comply with these
requirements. Prevailing wages apply to all projects over $1,000 which are defined as a
“public work” by the State of California. This includes: construction, demolition, repair,
alteration, maintenance and the installation of photovoltaic systems under a Power
Purchase Agreement when certain conditions are met under Labor Code Section 1720.6.
This include service and warranty work on public buildings 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
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available to any interested party upon request. The contractor is also required to have
a copy of the applicable wage determination posted and/or available at each jobsite.
2. Specifically, contractors are reminded of the need for compliance with Labor Code
Section 1774-1775 (the payment of prevailing wages and documentation of such),
Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in
the employment of apprentices on public works projects. Further, overtime, weekend
and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
3. The public entity for which work is being performed or the California Department of
Industrial Relations may impose penalties upon contractors and subcontractors for
failure to comply with prevailing wage requirements. These penalties are up to $200 per
day per worker for each wage violations identified; $100 per day per worker for failure
to provide the required paperwork and documentation requested within a 10-day
window; and $25 per day per worker for any overtime violation.
4. As a condition to receiving progress payments, final payment and payment of retention
on any and all projects on which the payment of prevailing wages is required, the
contractor agrees to present to the TOWN, along with its request for payment, all
applicable and necessary certified payrolls (for itself and all applicable subcontractors)
for the time period covering such payment request. The term “certified payroll” shall
include all required documentation to comply with the mandates set forth in Labor Code
Section 1720 et seq, as well as any additional documentation requested by the Agency
or its designee including, but not limited to: certified payroll, fringe benefit statements
and backup documentation such as monthly benefit statements, employee timecards,
copies of wage statements and cancelled checks, proof of training contributions (CAC2
if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
5. In addition to submitting the certified payrolls and related documentation to the TOWN,
the contractor and all subcontractors shall be required to submit certified payroll and
related documents electronically to the California Department of Industrial Relations.
Failure to submit payrolls to the DIR when mandated by the project parameters shall
also result in the withholding of progress, retention and final payment.
6. No contractor or subcontractor may be listed on a bid proposal for a public works project
unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5 [with limited exceptions from this requirement for bid purposes only
under Labor Code section 1771.1(a)].
7. No contractor or subcontractor may be awarded a contract for public work on a public
works project, unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5. Contractors MUST be a registered “public works contractor”
with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for
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maintenance work or less than $25,000 for construction alternation, demolition or repair
work, registration is not required.
8. Should any contractor or subcontractors not be a registered public works contractor and
perform work on the project, Contractor agrees to fully indemnify the TOWN for any
fines assessed by the California Department of Industrial Relations against the TOWN for
such violation, including all staff costs and attorney’s fee relating to such fine.
9. The TOWN shall withhold any portion of a payment; including the entire payment
amount, until certified payroll forms and related documentation are properly submitted,
reviewed and found to be in full compliance. In the event that certified payroll forms
do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN
may continue to hold sufficient funds to cover estimated wages and penalties under the
contract.
ARTICLE XXI: ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to
the subject matter herein. There are no representations, agreements or understandings
(whether oral or written) between or among the parties relating to the subject matter of this
Agreement which are not fully expressed herein.
ARTICLE XXII: PUBLIC RECORDS
The parties recognize and acknowledge that TOWN is subject to the California Public
Records Act, California Government Code Section 6250 and following. Public records are subject
to disclosure.
ARTICLE XXIII: NOTICES
Any notice required to be given to CONTRACTOR shall be deemed to be duly and properly
given if mailed to CONTRACTOR, postage prepaid, addressed to:
CONTRACTOR NAME
ADDRESS
CITY, ST ZIP
or personally delivered to CONTRACTOR at such address or at such other addresses as
CONTRACTOR may designate in writing to TOWN.
Any notice required to be given TOWN shall be deemed to be duly and properly given if
mailed to TOWN, postage prepaid, addressed to:
Nicolle Burnham
Parks and Public Works Director
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TOWN OF LOS GATOS
41 Miles Avenue
Los Gatos, California 95030
or personally delivered to TOWN at such address or at such other addresses as TOWN may
designate in writing to CONTRACTOR.
ARTICLE XXIV: SECTION 7106 FORM
Attached to the Agreement is a fully executed and sworn non-collusion affidavit as
required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated
herein by this reference.
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and
date first written above.
APPROVED AS TO CONTENT:
Nicolle Burnham
Director of Parks and Public Works
APPROVED AS TO FORM:
Gabrielle Whelan, Town Attorney
"TOWN":
TOWN OF LOS GATOS
By:
Laurel Prevetti
Town Manager
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
CONTRACTOR:
Name:
___________________________________
Address: ___________________________
___________________________________
Tax ID No. or SSAN:
By:
Title: _______________________________
By:
Title:
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CONTRACTOR'S BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, and
,
incorporated under the laws of the State of
and authorized to execute bonds and undertakings as Surety, are held and firmly bound unto any
and all materialmen, persons, companies or corporations furnishing materials, provisions,
provender or other supplies used in, upon, for or about the performance of the work contracted
to be executed or performed under the contract hereinafter mentioned, and all persons,
companies or corporations renting implements or machinery, or hiring crews, for or contributing
to said work to be done, and all persons who perform work or labor upon the same, and all
persons who supply both work and materials, and whose claim has not been paid by the
contractor, company, or corporations in the just and full sum of __________________________
Dollars ($__________), for the payment whereof, well and truly to be made, said Principal and
Surety bind themselves, their administrators, successors and assigns, jointly and severally firmly
by these presents.
The condition of the foregoing obligation is such that; WHEREAS, the above-bounden
Principal has entered into a certain contract attached hereto and incorporated herein by
reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the
following work; to wit:
Project #813-0242 Parking Program Implementation-Wayfinding Signage
as required by the plans and specifications, pursuant to the award made to said contractor by
the Council of the TOWN OF LOS GATOS, on __________ 2023, as will more fully appear by
reference to the minutes of said Council of said TOWN of said date.
NOW, THEREFORE, if the above-bounden Principal, contractor, person, company, or
corporation, or his agent, or the subcontractors, fails to pay for any materials, provisions,
provender, or other supplies, or crews used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, or for any amount
required to be deducted, withheld, and paid over to Franchise Tax Board, from the wages of
employees of the contractor or subcontractor, pursuant to Section 18806 of the Revenue and
Tax Code, then the Surety of this bond will also pay the same in an amount not exceeding the
sum specified in the bond; and also, in case suit is brought upon this bond, a reasonable
attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said
attorney's fee to be taxed as costs in said suit and to be included in the judgment therein
rendered.
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The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or to the
specifications accompanying the same shall in any way affect its obligation on this bond and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
This bond is executed and filed to comply with the provisions of Sections 3247, et seq., of
the Civil Code.
Signed and sealed this day of , 2023.
BY:
CONTRACTOR
(CORPORATE SEAL)
BY:
SURETY (Address and Phone No.)
(SURETY SEAL)
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CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, and
______________________________________________________________________,
incorporated under the laws of the State of _______________, and authorized to execute bonds
and undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a municipal
corporation of the State of California, in the sum of __________________ Dollars ($_________),
for payment whereof, well and truly to be made, said Principal and Surety bind themselves, their
administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that: WHEREAS, the above-bounden
Principal has entered into a certain contract attached hereto and incorporated herein by
reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the
following work; to wit:
Project #813-0242 Parking Program Implementation-Wayfinding Signage
as required by the plans and specifications, pursuant to the award made to said contractor by
the Council of the TOWN OF LOS GATOS, on __________________, 2023, as will more fully
appear by reference to the minutes of said Council of said date.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or to the
specifications accompanying the same shall in any way affect its obligation on this bond and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
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NOW, THEREFORE, if the above-bounden Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be void; otherwise, to
remain in full force and effect.
Signed and sealed this day of , 2023.
BY:
CONTRACTOR
(CORPORATE SEAL)
BY:
SURETY (Address and Phone No.)
(SURETY SEAL)
35
PART II-GENERAL CONDITIONS
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SECTION 1 DEFINITIONS AND TERMS
1-1.01 DEFINITIONS
Wherever in these Specifications and other Contract Documents the following terms or
pronouns in place of them are used, the intent and meaning shall be interpreted as follows:
Agency. The Town of Los Gatos, Department of Parks and Public Works.
Contract Documents. The Notice to Contractors, Information for Bidders, Bid Form,
Designation of Subcontractors, Agreement, Bidder's Bond, Performance Bond, Labor
and Material Payment Bond, Progress Schedule, General Conditions, Equal
Employment Opportunity Conditions if applicable, Technical Provisions, Plans,
Specifications, and such provisions of the Standard Specifications of the State of
California, Department of Transportation, dated 2010, except as specifically noted in
the Technical Specifications, are hereby incorporated by reference.
Contractors. The person, firm, partnership, or corporation to whom this Contract is
awarded by Owner and who is subject to the terms thereof.
Director of Parks and Public Works. The Director of Parks and Public Works of the
Town of Los Gatos and the representative of the Director of Parks and Public Works,
duly authorized and appointed by the Director of Parks and Public Works.
Engineer. The Town Engineer of the Town of Los Gatos, or the representative of the
Town Engineer duly authorized and appointed by the Town Engineer. In the event
Owner has hired any person or corporation as an independent Contractor to act in
lieu of the Town Engineer, the term "Engineer" shall be deemed to include such
person or corporation.
Governing Body of the Owner. The Town Council of the Town of Los Gatos.
Inspector. The Inspector employed by Owner to perform inspection during
construction of the work, under the direction of the Director of Parks and Public
Works.
Owner. The Town of Los Gatos, a municipal corporation in the State of California.
Plans. The Official Plans, working drawings or exact reproductions thereof, approved
by the Governing Body of the Owner which show the location, character, dimensions
and details of the work on the Project and the work to be done. The Plans are to be
considered as a part of the Contract Documents, complementary to the
Specifications.
Project. The entire public improvement proposed by Owner to be constructed in
whole or in part, pursuant to this Contract.
Revocable. Items noted as “Revocable” in the Proposal may be deleted entirely or in
part at the sole discretion of the Town. The provision of Section 9-1.06, “Changed
Quantity Payment Adjustments,” shall not apply to entire or partial deletion of
Revocable items.
Specifications. The directions, provisions, and requirements contained herein, or
contained in any Specifications referred to herein, pertaining to the method and
38
manner of performing the work on the Project, or to the quantities, or the quality of
materials to be furnished under the Contract.
Standard Specifications. The Standard Specifications of the State of California,
Department of Transportation, dated 2010, except as specifically noted in the
Technical Specifications.
Subcontractor. A person, firm, partnership, or corporation having a direct contract
with Contractor and not with Owner, for the performing of work or labor or the
rendering of service to Contractor for the work.
Surety. Any persons, firm, partnership, or corporation that executes as Surety on
Contractor's Performance Bond or Contractor's Labor and Material Bond or Bidder's
Bond.
Work. Work to be performed on the Project under this Contract, including work
normally done at the site of the Project plus labor and materials.
1.1.02 SPECIFICATIONS
Wherever in these Specifications the term "Standard Specifications" is used, it shall mean the
State of California, Department of Transportation, Standard Specifications, dated 2010, except
as specifically noted in the Technical Specifications. In case of conflict between the Standard
Specifications and these Specifications, these Specifications shall take precedence over and be
used in lieu of such conflicting portions.
Any item not covered in these Specifications shall be performed in accordance with the
appropriate section of the Standard Specifications. Whenever in the Standard Specifications the
following terms are used, they shall be understood to mean and refer to the following:
Department of Public Works. The Town of Los Gatos, Department of Parks and
Public Works.
Director of Parks and Public Works. The Town of Los Gatos, Director of Parks and
Public Works.
Engineer. The Engineer is defined as acting either directly or through properly
authorized agents, such agents acting within the scope of the particular duties
entrusted to them.
Laboratory. The designated laboratory authorized by the Town of Los Gatos to test
materials and work involved in the Contract.
State. The Town of Los Gatos.
1-1.03 GENERAL
All work shall be done in conformance with the applicable provisions of the Standard
Specifications except as modified herein. Payment for work, equipment and materials not
specifically covered herein shall be included in the payment for related items of work. No
additional payment will be made for work, equipment or materials not covered in these plans
and specifications, but necessary to ensure a completed project as specified. Any plan or
39
method of work suggested by the Owner or the Engineer to Contractor but not specified or
required, if adopted or followed by Contractor in whole or in part, shall be used at the risk and
responsibility of Contractor; and the Owner and the Engineer shall assume no responsibility
therefor and in no way be held liable for any defects in the work which may result from or be
caused by use of such plans or method of work.
1-1.04 STATEMENT OF WORK
Furnish all labor, equipment and materials and perform all work called for in the Contract
Documents and as necessary to furnish to the Town a complete project ready for use.
1-1.05 DRAWINGS
Drawings are also referred to as the Plans. One set of the Contract Plans and Specifications will
be furnished without charge to the Contractor to whom the contract for the work is awarded.
The Plans and Specifications are available at the Parks and Public Works, Engineering Division,
41 Miles Avenue, Los Gatos, California.
1-1.06 BUSINESS LICENSE
All Contractors, whether they be general Contractors or subcontractors, who transact or carry
on business in the Town of Los Gatos, shall acquire a Business License in conformance with
Chapter 14 of the Los Gatos Town Code.
1-1.07 MINORITY AND WOMEN BUSINESS ENTERPRISES
It is the policy of the Town of Los Gatos to encourage the participation of Minority and Women
Business Enterprises in the bidding process for all Town contracts. Any reference using the
word "his" is to be construed as meaning "his, hers, or its".
1-1.08 PROOF OF COMPETENCY OF BIDDER
Any bidder may be required to furnish evidence satisfactory to Owner that he/she and his/her
proposed subcontractors have sufficient means and experience in the type of work called for to
insure completion of the contract in a satisfactory manner.
1-1.09 SPECIAL NOTICE
Bidders are required to inform themselves fully of the conditions relating to construction and
labor under which the work will be or is now performed, and, so far as possible, the successful
bidder must employ such methods and means in carrying out his/her work as will not cause any
interruption or interference with any other Contractor.
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SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 2, “Bidding,” of the Standard
Specifications, all of which are applicable to this Contract.
2-1.02 LICENSES
The Contractor shall possess a valid Class “A” or Class”C-8” California Contractor’s License.
Failure to possess the specified license shall render the bid as non-responsive and shall act as a
bar to award the Contract to any bidder not possessing said license at the time of bid and
forfeiture of the bid will result. All contractors and subcontractors shall have and maintain a
current and valid contractor license of the required classification from the State of California
throughout the course of this project. In addition, all contractors and subcontractors working in
the Town of Los Gatos must have a valid Town of Los Gatos Business License.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE WORK
Before submitting a bid, each bidder shall carefully read and review the Plans, Specifications,
and all other Contract Documents. The bidder shall visit the site of the Project and shall fully
inform himself/herself as to all existing conditions and limitations under which the work is to be
performed, and he/she shall include in his/her bid a sum to cover the cost of all items necessary
to perform the work as set forth in the Contract Documents. No allowance of any kind
whatsoever will be made to any bidder because of lack of such examination or knowledge. The
submission of a bid shall be conclusive evidence that the bidder has made such an examination.
If any person contemplating submitting a bid for the construction of the Project is in doubt as to
the true meaning of any part of the Plans, Specifications, or other Contract Documents, or finds
discrepancies in, or omissions from the Plans or Specifications, he/she may submit to the
Owner a written request for an interpretation or correction thereof not later than five (5)
working days before the date bids will be opened. The person submitting the request will be
responsible for its prompt delivery. Any interpretation or correction of the Contract Documents
will be made only by addendum and will be mailed or delivered to each person receiving a set
of such documents. The Owner will not be responsible for any other explanation or
interpretation of the Contract Documents.
2-1.04 CONTENTS OF BID
In order to receive consideration, all bids shall be made in accordance with the following
instructions:
Bids shall be made upon the form provided therefor, properly executed and with all
items filled out; the signature of all persons signing shall be in longhand.
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Blank spaces in the bid must be properly filled in, and the phraseology thereof must
not be changed. Additions must not be made to the items mentioned therein. Any
unauthorized conditions, limitations or provisions attached to a proposal may cause
its rejection. Alterations by erasures or interlineation must be explained or noted in
the bid over the signature of the bidder.
Late bids will be returned to the bidder unopened.
Due to COVID-19, only electronic bids will be received on the Town of Los Gatos plan
room at www.losgatosplanroom.com on or before the day and hour set for the
opening of bids. It is the sole responsibility of the bidder to see that the bid is
received in proper time. After the bid opening, original bid bonds from the lowest
three responsible bidders must be submitted to the Town of Los Gatos, Parks and
Public Works Director at 41 Miles Avenue, Los Gatos, CA 95030 and be postmarked
within three days of the bid opening date.
2-1.05 WITHDRAWAL OF BID
Any bidder may withdraw his/her bid, either personally or by a written request, at any time
prior to the scheduled time for opening of bids.
2-1.06 WITHDRAWAL OF BIDS AFTER OPENING
No bidder may withdraw his/her bid for a period of 60 calendar days after the date set for the
opening thereof, and the same shall be subject to acceptance by the Owner during this period.
2-1.07 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm or corporation shall be allowed to make or file or be interested in more than
one bid for the same work, unless alternate bids are called for. A person, firm or corporation
submitting a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not
thereby disqualified from submitting a sub-proposal or quoting prices to other bidders.
2-1.08 SUBMISSION OF BIDS; AGREEMENT TO ASSIGN
In accordance with Government Code §4552, the bidder shall conform to the following
requirements. In submitting a bid to a public purchasing body, the bidder offers and agrees that
if the bid is accepted, he/she/it will assign to the purchasing body all rights, title, and interest in
and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under
the Cartwright Act [Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business
and Professions Code], arising from purchase of goods, materials, or services by the bidder for
sale to the purchasing body pursuant to the bid. Such assignment shall be made and become
effective at the time the purchasing body tenders final payment to the bidder.
2-1.09 LIST OF SUBCONTRACTORS
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Bidders must submit a list of their proposed subcontractors in compliance with §§4100-4113 of
the Public Contract Code of the State of California. Forms for this designation are furnished in
the Bid Documents, Part I.
2-1.10 INSURANCE
At or prior to the delivery of the signed Agreement, the Contractor shall deliver to the Owner
the policies of insurance or insurance certificates as are required by the Plans and
Specifications. All policies or certificates of insurance shall be approved by the Director of Parks
and Public Works before the successful bidder may proceed with the work. Failure or refusal to
furnish insurance policies or certificates in the form satisfactory to the Director of Parks and
Public Works shall subject the bidder to penalties for delay in commencement of the Work.
2-1.11 BIDDER'S BOND
Each bid shall be accompanied by cash, a certified or cashier's check, or a bidder's bond in the
sum of not less than 10% of the total aggregate of the bid and said checks or bond shall be
made payable to the order of the Town of Los Gatos (herein after referred to as "Owner"). Cash
and certified or cashier’s checks shall not be accepted unless accompanied by a waiver of all
interest on the amount paid to the Town. In case the successful bidder fails to file satisfactory
bonds or provide the insurance required by the Contract Documents or refuses to enter into a
contract within the specified time, he/she shall be liable for any difference by which the cost of
procuring the work exceeds the amount of his/her bid and the bond or the amount of cash or
check shall be available to offset such difference. If the bid is not accepted by the Owner within
60 calendar days after the date set for the opening of bids, or if the bidder to whom the
contract is awarded executes and delivers to Owner the required Contract Documents and
insurance, the cash, or the amount of the certified or cashier's check without interest shall be
returned to the bidder.
2-1.12 GUARANTEE OF MATERIALS AND EQUIPMENT
All materials and equipment furnished, and the work performed under these Specifications
and/or drawings, shall be guaranteed in writing for a period of two years from the date of final
acceptance against defective material, design and workmanship. In addition, the Contractor
shall guarantee in writing that the system as a whole shall be free of defects for a period of two
years from the date of final acceptance, the system shall operate perfectly, and all apparatus
shall perform in accordance with their individual Specifications.
The Contractor shall allow 10% of the faithful performance bond to remain in effect for a period
of two years following Town Council project acceptance as guarantee for any needed repair or
replacement caused by defective materials and workmanship.
2-1.13 PROPOSAL GUARANTY
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The Bidder's Bond shall conform to the bond form included in the Proposal for the project and
shall be properly filled out and submitted with the Proposal.
2-1.14 PRE-BID SITE INSPECTION
Prospective bidders shall carefully examine the jobsite. The submission of the bid shall be
conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be
encountered, as to character, quality, and scope of work to be performed, the quantity of
materials to be furnished, and as to the requirements of the proposals, plans, specifications,
and the contract. All questions related to this project must be submitted in writing and received
a minimum of five (5) working days prior to the bid opening date and shall be directed to:
Town of Los Gatos, Parks and Public Works Department
41 Miles Avenue, Los Gatos, CA 95030
Attention: Gary Heap, Town Engineer
Telephone: (408) 399-5773
E-mail: gheap@losgatosca.gov
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SECTION 3 AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 3, “Contract Award and
Execution,” of the Standard Specifications, all of which are applicable to this Contract.
3-1.02 AWARD OR REJECTION OF BIDS
The Contract, if awarded, will be awarded to the lowest responsible bidder subject to Owner's
right to reject any or all bids and to waive any informality in the bids or the bidding. The award
of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies
with all the requirements prescribed.
All bids will be compared on the basis of the Bid Form of quantities of work to be done. The
determination of the low bid will be based on the total base bid items of work. The contract
will be awarded to the lowest responsible bidder meeting the contract requirements.
Bid protests are to be delivered to the following:
Town of Los Gatos, Parks and Public Works Department
41 Miles Avenue, Los Gatos, CA 95030
Attention: Gary Heap, Town Engineer
Telephone: (408) 399-5773
Fax: (408) 354-8529
The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid
complies with all the requirements prescribed. The award of the alternative items shall
depend on the maximum award amount as approved by the Town Council.
The contract shall be executed by the successful bidder and shall be returned together with the
contract bonds, to the Town so that it is received within ten (10) days, not including Saturdays,
Sundays and legal holidays, after the bidder has received the Notice of Award. Failure to do so
shall be just cause for forfeiture of the proposal guaranty. The executed contract documents
shall be delivered to the following address: Town of Los Gatos, Department of Parks and Public
Works, 41 Miles Avenue, Los Gatos, CA 95030.
3-1.03 REJECTION OF PROPOSALS
The Town, at its sole discretion, may reject all bids. Additionally, individual proposals may be
rejected if (among other things) they any alteration of form, additions not called for,
conditional bids, incomplete bids, erasures, or irregularities of any kind, or a disproportionate
amount of payment being made on any item of work during any phase of the project, or fail to
provide a price on al bid items, including all alternates or proposals submitted which are in
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strict compliance with the directions in the Notice to Contractors. The Town may, in its sole
discretion, waive any informalities or minor irregularities in the bid or proposal.
Proposals not submitted in strict compliance with the directions in the Notice to Contractors
may, in Town’s sole discretion, be deemed non-responsive and rejected on that basis.
When proposals are signed by an agent, other than the officer or officers of a corporation
authorized to sign contracts on its behalf or a member of a co-partnership, a “Power of
Attorney” must be on file with the Town Clerk prior to opening bids or shall be submitted with
the proposal; otherwise, the proposal may be rejected at the Town’s sole discretion as irregular
and unauthorized.
Proof of authority of the person or persons signing on behalf of the bidder shall be provided to
the Town upon request after the bid opening.
3-1.04 SUBSTITUTION OF SUBCONTRACTORS
No Contractor whose bid is accepted shall:
Substitute any person as subcontractor in place of the subcontractor listed in the
original bid, except where the Town, or its duly authorized officer, may, except as
otherwise provided, have consented to the substitution in any of the following
situations:
1. When the subcontractor listed in the bid after having had a reasonable
opportunity to do so fails or refuses to execute a written contract, when that
written contract, based upon general terms, conditions, plans and
specifications for the project involved or the terms of that subcontractor’s
written bid, is present to the subcontractor by the Contractor.
2. When the listed subcontractor becomes bankrupt or insolvent.
3. When the listed subcontractor fails or refuses to perform its subcontract.
4. When the listed subcontractors fails or refuses to meet the bond
requirements of the Contractor.
5. When the Contractor demonstrates to the Town that the name of the
subcontractor was listed as the result of an inadvertent clerical error.
6. When the listed subcontractor is not licensed at the time of bid pursuant to
the Contractor License Law on non-federally funded projects or at the time of
award on federally funded projects.
7. When the Town determined that the work performed by the listed
subcontractor is substantially unsatisfactory and not in substantial
accordance with the plans and specifications, or that the subcontractor is
substantially delaying or disruption the progress of the work.
Prior to the approval of the Contractor’s request for a substitution of subcontractor,
the Town shall give notice in writing to the listed subcontractor of the Contractor’s
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request to substitute and of the reasons for the request. The notice shall be served
by certified or registered mail to the last known address of the subcontractor. The
listed subcontractor who has been notified shall have 5 working days within which
to submit written objections to the substitution to the Town. Failure to file these
written objections shall constitute the listed subcontractor’s consent to the
substitution.
If a written objection is filed, the Town shall give notice in writing of at least 5
working days to the listed subcontractor of a hearing by the Town on the
Contractor’s request for substitution.
Permit any subcontractor to be voluntarily assigned or transferred or allow it to be
performed by anyone other than the subcontractor listed in the original bid, without
consent of the Town.
Other than in the performance of change orders causing changes or deviations from
the original contract, sublet or subcontract any portion of the work in excess of ½ of
one percent of the prime contractor’s total bid as to which the Contractor’s original
bid did not designate a subcontractor.
3-1.05 PERFORMANCE BOND AND LABOR AND MATERIALS BOND
At or prior to the delivery of the signed Agreement, the Contractor shall deliver to the Owner
the Performance Bond and Labor and Material Payment Bond as are required per these
Specifications. All bonds shall be on forms provided by Owner, and each shall be in an amount
equal to 100% of the contract price. All bonds shall be approved by the Director of Parks and
Public Works before the successful bidder may proceed with the Work. Failure or refusal to
furnish bonds in the form satisfactory to the Director of Parks and Public Works shall subject
the bidder to penalties for delay in commencement of the Work or revocation of the Award of
Contract.
Pursuant to California Public Contract Code §22300, the Contractor will be permitted, at its
request and sole expense, to substitute securities for any monies withheld by the Town to
ensure performance under the contract. Said securities will be deposited either with the Town
or with the state or federally chartered bank as escrow agent. Securities eligible for this
substitution are those listed in California Government Code §16430 or bank or savings and loan
certificate of deposit, interest bearing demand deposit accounts, standby letters of credit, or
any other mutually agreed to by Contractor and the Owner. The Contractor shall be the
beneficial owner of any securities substituted for monies withheld and shall receive any interest
thereon.
3-1.06 WORKER’S COMPENSATION
Attention is directed to Standard Specifications Section 7-1.06C, “Workers’ Compensation and
Employer's Liability Insurance,” and the following:
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Before commencing work in the Town of Los Gatos, the Contractor must provide the Town with
a copy of one of the following:
1. Certificate of Workers’ Compensation Insurance; or
2. Certificate of consent to self-insure issued by the Director of Industrial Relations; or
3. Certificate of exemption from the Workers’ Compensation Laws.
3-1.07 INSURANCE REQUIREMENTS
Attention is directed to Section 7-1.06, “Insurance.” The Contractor agrees that they will
assume sole and complete responsibility for job site conditions during the course of the work,
including safety of all persons and property; that this requirement shall apply continuously and
not be limited to normal working hours.
In addition to any other indemnity obligation incorporated herein, the Contractor shall
indemnify, defend and hold harmless Town, its agents, officers, attorneys. Employees, officials
and volunteers, to the fullest extent permitted by law from any and all claims, causes of action,
injuries, losses, liabilities, cost (including reasonable defense costs and attorneys’ fees) or
damages arising out of or related to, or alleged to arise out of or relate to the performance of
this contract or any acts or omissions of Contractor, its agents, officers, employees, or anyone
rendering services on their behalf, except for any claims, causes of action, injuries, losses,
liabilities or damages proximately caused by the active negligence, sole negligence or willful
misconduct of Town.
Notwithstanding any other indemnity provisions imposed under this contract, with respect to
any design professional services provided by the Contractor, the Contractor agrees to
indemnify, defend and hold harmless the Town, its officers, agents and employees from any
and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature,
including all costs of defending any claim, caused by, pertaining or relating to, or arising out of,
or alleged to have been caused by or arise out of , pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Contractor, except for any claims, actions, causes of
action, losses, damages or liabilities proximately caused by the sole negligence or willful
misconduct of Town. The Town shall not be liable for acts of the Contractor in performing
services described herein.
The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-
parties. No other rights of indemnity or contribution shall exist between the parties in law or in
equity. The provisions set forth in this section shall survive the termination of this Agreement.
3-1.08 EXECUTION OF AGREEMENT
The form of agreement which the successful bidder, as Contractor, will be required to execute
is included in the Contract Documents and must be carefully examined by each bidder. The
bidder to whom the Contract is awarded by Owner shall, within 10 calendar days after Notice of
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Award, execute and deliver to Owner one original and one counterpart of the Agreement.
3-1.09 NOTIFICATION BY CONTRACTOR
The Contractor shall notify the Director of Parks and Public Works and the project
inspector at least 24 hours prior to commencing work and shall comply with any
Notifications or approvals mentioned in the Specifications, Part III.
The Contractor shall notify residents and business owners adjacent to the Work, as
noted in the Special Provisions of these Specifications.
Immediately after the award of Contract by the Town of Los Gatos and where
applicable and required by the Plans and Specifications, the Contractor shall notify
the following agencies:
AT&T Broadband
1900 S. Tenth Street, San Jose, CA 95112
Telephone: (408) 918-3200
Santa Clara Valley Water District
5750 Almaden Expressway, San Jose, CA 95118
Telephone: (408) 395-8121 ext. 2132;
Fax: (408) 395-3627
Pacific Gas and Electric Co.
10900 N. Blaney Avenue, Cupertino, CA 95014
Telephone: (408) 725-2011;
Fax: (408) 725-2034
U.S.A. Cable Locator (Notify two weeks prior)
Telephone: 1 (800) 227-2600
Frontier Communications
15 Montebello Way, Los Gatos, CA 95030
Telephone: (408) 354-6372;
Fax: (408) 354-6377
Verizon
15900 Los Gatos Boulevard, Los Gatos, CA
95030
Telephone: (408) 358-6757;
Fax: (408) 356-8756
San Jose Water Company
1221 S. Bascom Ave., San Jose, CA 95128
Telephone: (408) 279-7866;
Fax: (408) 292-7868
West Valley Sanitation District
100 E. Sunnyoaks Avenue, Campbell, CA 95005
Telephone: (408) 378-2407;
Fax: (408) 364-1821
3-1.10 PRE-CONSTRUCTION CONFERENCE
A pre-construction conference will be held shortly after the contract award in accordance with
Section 8-1.03, “Preconstruction Conference,” and Section 10-1, “General Construction
Requirements.” The Contractor shall prepare in advance the proposed progress schedule in
accordance with Section 8-1.02, “Schedule,” and Section 10-1, “General Construction
Requirements,” and a traffic control plan in accordance with Section 10-2, “Traffic Control.”
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SECTION 4 SCOPE OF WORK, TIME OF COMPLETION, AND LIQUIDATED
DAMAGES
4-1.01 GENERAL
A. The bidder's attention is directed to the provisions of Section 4, “Scope of Work,” of
the Standard Specifications, all of which are applicable to this Contract.
B. Attention is directed to the provisions in Section 8-1.04, “Start of Job Site Activities,”
Section 8-1.05, “Time,” and Section 8-1.10, “Liquidated Damages,” of the Standard
Specifications.
4-1.02 TIME OF COMPLETION
The Contractor shall begin work as stipulated in the Notice to Proceed.
The Contractor shall diligently prosecute the work to completion before the expiration of
THIRTY (30) WORKING DAYS after the date of the first working day. The time of completion
shall include all allowances for mobilization and total completion of all work including final
punch list work and final clean up.
4-1.03 LIQUIDATED DAMAGES
Time is of the essence for completion of this project. The Contractor shall pay to the Town of
Los Gatos the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day's
delay in the finishing of the work in excess of working days prescribed above. Liquidated
damages shall also be assessed for non-compliance with the requirements stated in "Hours of
Work" under Section 10-1, “General Construction Requirements,” of the Technical
Specifications.
If the Work is not completed by Contractor in the time specified herein, or within any period of
extension as above authorized, it is understood that the Owner will suffer damage; and it being
impracticable and infeasible to determine the amount of actual damage, it is agreed that the
Contractor shall pay to the Owner, as fixed and liquidated damages, and not as a penalty, the
sum as stated in the Contract, and the Contractor and the Contractor's Surety shall be liable for
the amount thereof; provided, however, that the Contractor shall not be charged liquidated
damages because of any delays in the completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of Contractor (including, but not
restricted to, Acts of God or of the public enemy, acts of the Government, acts of the Owner,
fires, floods, epidemics, quarantine restrictions, strikes and freight embargoes).
The Contractor shall, within 10 calendar days from the beginning of any such delay, notify the
Owner in writing of the cause of the delay and the amount of time extension requested, if any;
whereupon the Owner shall ascertain the facts and the extent of the delay and extend the time
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for completing the Work when, in its judgment and for the amount of time if any, the findings
of fact justify such an extension. The Director of Parks and Public Works' determination shall be
final and binding on the parties hereto.
4-1.04 LOCATION OF WORK
The Town reserves the right to add or delete from quantities of work during the project and to
add or delete locations. Locations of work for this project are set out in the Plans and
Specifications and incorporated herein.
Refer to maps included in ATTACHMENT B-Final Design Intent for the locations of work.
4-1.05 CHANGES TO THE WORK
The bidder's attention is directed to the provisions of Section 4, “Scope of Work,” of the
Standard Specifications and the following modifications, all of which are applicable to this
Contract:
Owner, without invalidating the Contract, may order additions to or deductions
from the Work, the Contract Sum being adjusted accordingly. Any claim for
extension of time cause thereby shall be adjusted at the time of ordering such
change. See Section 9 of these Specifications regarding measurement and payment
for increased or decreased quantities.
Any alteration or alterations made in the Plans and Specifications which are a part of
this Contract, or any provision of this Contract shall not operate to release any
surety or sureties from liability on any bond or bonds attached hereto and made a
part hereof, and consent to make such alterations is hereby given, and the sureties
to said bonds hereby waive the provisions of Civil Code §2819.
In giving instructions, the Engineer shall have authority to issue written change
orders not inconsistent with the purpose of the Work. All change orders require
issuance of a purchase order. Except in an emergency endangering life and property,
no extra work or change shall be made unless in pursuance of such written order,
and no claim for an addition to the Contract Sum shall be valid unless the additional
work was so ordered.
Any change order that is in excess of the original Contract amount, plus any
contingency, must be approved in the same manner as the original Contract.
Any change order exceeding the amount of the approved budget is invalid unless
and until a budget adjustment has been approved by the Town Council.
Unit prices in any change order shall be the same as those unit prices in the original
Contract.
4-1.06 CHANGED CONDITIONS
Differing Site Conditions
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1. During the progress of the work, if subsurface or latent physical conditions
are encountered at the site differing materially from those indicated in the
contract or if unknown physical conditions of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in the work provided for in the contract, are encountered at the
site, the party discovering such conditions shall promptly notify the other
party in writing of the specific differing conditions before the site is
disturbed and before the affected work is performed. If you fail to promptly
notify the Engineer, you waive the differing site condition claim for the
period between your discovery of the differing site condition and your
notification to the Engineer. If you disturb the site after discovery and
before the Engineer's investigation, you waive the differing site condition
claim.
2. Upon written notification, the Engineer will investigate the conditions, and if
it is determined that the conditions materially differ and cause an increase
or decrease in the cost or time required for the performance of any work
under the Contract, an adjustment, excluding anticipated profits, will be
made and the contract modified in writing accordingly. The Engineer will
notify the Contractor of the determination whether or not an adjustment of
the contract is warranted.
3. No Contract adjustment which results in a benefit to the Contractor will be
allowed unless the Contractor has provided the required written notice.
4. No Contract adjustment will be allowed under this clause for any effects
caused on unchanged work.
Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed
by the Engineer in writing for an unreasonable period of time (not originally
anticipated, customary, or inherent to the construction industry) and the
Contractor believes that additional compensation and/or contract time is due
as a result of such suspension or delay, the contractor shall submit to the
engineer in writing a request for adjustment within 7 calendar days of receipt
of the notice to resume work. The request shall set forth the reasons and
support for such adjustment.
2. Upon receipt, the Engineer will evaluate the contractor's request. If the
Engineer agrees that the cost and/or time required for the performance of
the contract has increased as a result of such suspension and the suspension
was caused by conditions beyond the control of and not the fault of the
Contractor, its suppliers, or subcontractors at any approved tier, and not
caused by weather, the engineer will make an adjustment (excluding profit)
and modify the contract in writing accordingly. The Contractor will be
notified of the engineer's determination whether or not an adjustment of the
Contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted
the request for adjustment within the time prescribed.
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4. No contract adjustment will be allowed under this clause to the extent that
performance would have been suspended or delayed by any other cause, or
for which an adjustment is provided or excluded under any other term or
condition of this contract.
Significant Changes in the Character of Work
The Engineer reserves the right to make, in writing, at any time during the work,
such changes in quantities and such alterations in the work as are necessary to
satisfactorily complete the project. Such changes in quantities and alterations shall
not invalidate the contract nor release the surety, and the contractor agrees to
perform the work as altered.
1. If the alterations or changes in quantities significantly change the character
of the work under the contract, whether such alterations or changes are in
themselves significant changes to the character of the work or by affecting
other work cause such other work to become significantly different in
character, an adjustment, excluding anticipated profit, will be made to the
contract. The basis for the adjustment shall be agreed upon prior to the
performance of the work. If a basis cannot be agreed upon, then an
adjustment will be made either for or against the contractor in such amount
as the Engineer may determine to be fair and equitable.
2. If the alterations or changes in quantities do not significantly change the
character of the work to be performed under the contract, the altered work
will be paid for as provided elsewhere in the contract.
3. The term “significant change” shall be construed to apply only to the
following circumstances:
• When the character of the work as altered differs materially in kind or
nature from that involved or included in the original proposed
construction; or
• When a major item of work, as defined elsewhere in the contract, is
increased in excess of 125 percent or decreased below 75 percent of
the original contract quantity. Any allowance for an increase in
quantity shall apply only to that portion in excess of 125 percent of
original contract item quantity, or in case of a decrease below 75
percent, to the actual amount of work performed.
4-1.07 NOTIFICATION OF CHANGE IN CONDITION
Pursuant to Public Contracts Code §7104, when trenches or other excavations must be dug
pursuant to this Contract that extend deeper than 4 feet below the surface, the Contractor shall
promptly, and before the following conditions are disturbed, notify the Owner in writing of any:
A. Material that the Contractor believes may be material that is hazardous waste, as
defined in Health & Safety Code §25117, that is required to be removed to a Class I,
Class II, or Class III disposal site in accordance with provisions of existing law; or,
B. Subsurface or latent physical conditions at the site differing from those indicated; or,
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C.Unknown physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in the work
of the character provided for in the Contract.
The Owner will promptly investigate the conditions identified by the Contractor, and if the
Owner finds that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in the Owner's cost of, or the time required for, performance of
any part of the work will issue a change order under the procedures described in the Contract
Documents.
In the event a dispute arises between the Owner and the Contractor whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or increase in the
Contractor's cost of, or time required for, performance of any part of the work, the Contractor
shall not be excused from any scheduled completion date provided for by the Contract
Documents, but shall proceed with all work to be performed under the Contract Documents.
The Contractor shall retain any and all rights provided either by the Contract Documents or by
law which pertain to the resolution of disputes and protects between the contracting parties.
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SECTION 5 CONTROL OF WORK
5-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 5, “Control of Work,” of the
Standard Specifications, all of which are applicable to this Contract.
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SECTION 6 CONTROL OF MATERIALS
6-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 6, “Control of Materials,” of the
Standard Specifications, all of which are applicable to this Contract.
6-1.02 TOWN FURNISHED MATERIALS
Temporary “No Parking” signs shall be provided by the Town for the Contractor’s use on this
project.
6-1.03 SUBMITTALS
The Contractor shall submit to the Engineer the following at least three (3) working days before
the pre-construction conference:
1. Construction Schedule
2. Traffic Control Plan
3. Notice to Residents, Businesses, and Schools (draft form)
4. Materials Submittals Binder
5. Storm Water Pollution Prevention Plan (SWPPP) (if applicable)
All submittals listed above must be received and processed by the Engineer prior to the
issuance of the Notice to Proceed. Any exceptions or rejected submittals will be remedied and
resubmitted for the Engineer’s review prior to the issuance of the Notice to Proceed. Payment
shall be deemed included in the various other items of work and no additional compensation
shall be allowed therefore.
6-1.04 MATERIALS SUBMITTAL LIST
The materials proposed by the Contractor to be used on this contract shall be submitted for
approval to the Engineer three (3) working days before the pre-construction conference.
The Contractor shall submit one (1) set of original submittals to the Engineer for approval in a
three-ring binder, at least two inches in thickness, and include numbered index tabs separating
each submittal. Submittal index tabs shall follow the numbering system identified in the list
below. Subsequent re-submittals, including the original and all copies shall be submitted in
loose-leaf form or via PDF.
Submittals and support information shall be separated and clearly labeled when submitted to
the Engineer for approval. The submittal list supplied is intended to be comprehensive, but no
claim for its completeness is implied and submittal of the complete list will not relieve the
Contractor of supplying all the information needed or of complying with any of the other
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requirements of the plans or specifications. Revised lists may be issued and items may be
added to the list supplied.
Manufacturer's specifications shall be supplied along with submittal list for all applicable
products on the list.
Certificates of Compliance shall be submitted in accordance with Section 6-3.05E, “Certificates
of Compliance,” of the Standard Specifications, including the individual material specification of
these Special Provisions.
Submittals shall contain:
1. The date of submission and the dates of any previous submissions, including
identification of revision or re-submittals.
2. The Project title and number.
3. Contractor identification, names of subcontractors, suppliers, and manufacturers.
4. Specification section number(s) and bid item(s) which pertain.
5. Applicable standards, such as ASTM, Federal, or Standard Specification numbers.
Certified test results indicating performance of materials/products with regard to
Standard Specification requirements.
6. A 5”x 3” blank space for the Engineer’s stamp.
7. The Contractor is required to initial or sign the submittal, certifying the review of
submittals and verification of products, field construction criteria, and coordination
of the information within the submittal and the project Plans and Specifications.
The Contractor shall be required to review and approve all submittals and provide them signed
as evidence thereof, prior to submitting to the Engineer for review. Submittals that are not
signed by the Contractor will be rejected. Submittals shall be numbered consecutively.
The preparation of plans, drawings, and necessary documents, including submittals shall be
considered as part of the requirements of other items of work and no additional compensation
shall be allowed therefore.
The Engineer reserves the right to reject any item that does not fulfill the requirements of the
Plans, the Standard Specifications, and the Special Provisions.
6-1.05 Record Drawings
The Contractor shall mark all project conditions, locations, configurations, and any other
changes or deviations, which may vary from the plans represented on the original Contract
documents, including buried or concealed construction and utility features which are revealed
during the course of construction. The Contractor shall keep and maintain the said records and
submit a monthly updated set of Record Drawings to the Engineer. Progress payments may be
withheld until the Contractor submits the monthly updated Record Drawing to the Engineer. No
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final payment will be made until the record drawings are delivered.
6-1.06 Materials Testing
Materials testing shall be done in accordance with the Plans, Specifications, and Standard
Specifications.
The Contractor shall allow sufficient time for test to be conducted and results reviewed prior to
continuing with the work, which may be affected by any test results.
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SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES
7-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 7, “Legal Relations and
Responsibility to the Public,” of the Standard Specifications, all of which are applicable to this
Contract.
7-1.02 PREVAILING WAGE
Attention is directed to Section 7-1.02K(2), “Wages,” of the Standard Specifications and as
determined/published by the Department of Industrial Relations for the State of California, as
indicated in the following website: http://www.dir.ca.gov/dlsr/pwd/index.htm.
If the published wage rate does not refer to a predetermined wage rate to be paid after the
expiration date, said published rate of wage shall be in effect for the life of this contract. If the
published wage rate refers to a predetermined wage rate to become effective upon expiration
of the published wage rate and the predetermined wage rate is on file with the Department of
Industrial Relations, such predetermined wage rate shall become effective on the date
following the expiration date and shall apply to this contract in the same manner as if it had
been published in said publication. If the predetermined wage rate refers to one or more
additional expiration dates with additional predetermined wage rates, which expiration dates
occur during the life of the contract, each successive predetermined wage rate shall apply to
this contract on the date following the expiration date of the previous wage rate. If the last of
such predetermined wage rate expires during the life of this contract, such wage rate shall
apply to the balance of the contract.
Pursuant to California Labor Code §1770, any Contractor who is awarded a public works project
and intends to use a craft of classification not shown on the general prevailing wage
determinations, may be required to pay the wage rate of that craft of classification most closely
related to it as shown in the general determinations effective at the time of the calls for bids.
Statutory provisions for penalties for failure to pay prevailing wages and for failure to comply
with state wage and hour laws will be enforced. Eight hours of labor constitutes a day’s work.
The Contractor must comply with the statutory requirements relating to certified copies of
payroll records, including the maintenance of the records, their certification and their
availability for inspection.
7-1.03 PAYROLL RECORDS
The Contractor shall comply with Section 7-1.02K(3), “Certified Payroll Records,” of the
Standard Specifications. It shall be amended to include:
Certified payroll records shall be submitted weekly for the life of the project to a representative
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of the body awarding the contract. Electronic certified payroll records must be submitted
weekly or at the conclusion of each payroll period directly to the Labor Commissioner using
DIR's online system.
7-1.04 LABOR NONDISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because
of the race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, or sex of such persons, except as provided in Section 12940 of the
Government Code, and every Contractor for public works violating this section is subject to
all the penalties imposed for a violation of this chapter."
Attention is directed to the following "Nondiscrimination Clause" that is required by
Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NONDISCRIMINATION CLAUSE
1. During the performance of this contract, the Contractor and its subcontractors shall
not unlawfully discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, physical handicap, medical
condition, marital status, age (over 40) or sex. The Contractor and subcontractors
shall ensure that the evaluation and treatment of their employees and applicants for
employment are free of such discrimination. The Contractor and subcontractors
shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder
(California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing
Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations are incorporated into this contract by reference and
made a part hereof as if set forth in full. The Contractor and its subcontractors shall
give written notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement.
2. This Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the contract.
STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION
CONTRACT SPECIFICATIONS (GOV. CODE, SECTION 12990)
These specifications are applicable to all state Contractors and subcontractors having a
construction contract or subcontract of $5,000 or more.
1. As used in the specifications:
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a. Administrator” means Administrator, Office of Compliance Programs,
California Department of Fair Employment and Housing or any person to
whom the Administrator delegates authority;
b. “Minority" includes:
i. Black (all persons having primary origins in any of the black racial
groups of Africa, but not of Hispanic origin);
ii. Hispanic (all persons of primary culture or origin in Mexico, Puerto
Rico, Cuba, Central or South America or other Spanish derived culture
or origin regardless of race);
iii. Asian/Pacific Islander (all persons having primary origins in any of the
original peoples of the Far East, Southeast Asia, the Indian
Subcontinent or the Pacific Islands); and
iv. American Indian/Alaskan Native (all persons having primary origins in
any of the original peoples of North America and who maintain
culture identification through tribal affiliation or community
recognition).
2. Whenever the Contractor or any subcontractor subcontracts a portion of the work,
it shall physically include in each subcontract of $5,000 or more the
nondiscrimination clause in this contract directly or through incorporation by
reference. Any subcontract for work involving a construction trade shall also include
the Standard Specifications Construction Contract, either directly or through
incorporation by reference.
3. The Contractor shall implement the specific nondiscrimination standards provided in
paragraph 6(a) through (e) of these Specifications.
4. Neither the provisions of any collective bargaining agreement, nor the failure by a
union with whom the Contractor has a collective bargaining agreement, to refer
either minorities or women, shall excuse the Contractor's obligations under these
specifications, Government Code, Section 12990, or the regulations promulgated
pursuant thereto.
5. In order for the non-working training hours of apprentices and trainees to be
counted, such apprentices and trainees must be employed by the Contractor during
the training period, and the Contractor must have made a commitment to employ
the apprentices and trainees at the completion of their training, subject to the
availability of employment opportunities. Trainees must be trained pursuant to
training programs approved by the U.S. Department of Labor or the California
Department of Industrial Relations.
6. The Contractor shall take specific actions to implement its nondiscrimination
program. The evaluation of the Contractor's compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions. The
Contractor must be able to demonstrate fully its efforts under Steps (a) through (e)
below:
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a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and at all facilities at which the
Contractor's employees are assigned to work. The Contractor shall
specifically ensure that all foremen, superintendents, and other on-site
supervisory personnel are aware of and carry out the Contractor's obligations
to maintain such a working environment.
b. Disseminate the Contractor's equal employment opportunity policy by
providing notice of the policy to unions and training, recruitment and
outreach programs and requesting their cooperation in assisting the
Contractor to meet its obligations; and by posting the company policy on
bulletin boards accessible to all employees at each location where
construction work is performed.
c. Ensure all personnel making management and employment decisions
regarding hiring, assignment, layoff, termination, conditions of work,
training, rates of pay or other employment decisions, including all
supervisory personnel, superintendents, general foremen, on-site foremen,
etc., are aware of the Contractor's equal employment opportunity policy and
obligations, and discharge their responsibilities accordingly.
d. Ensure that seniority practices, job classifications, work assignments and
other personnel practices, do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that
the equal employment opportunity policy and the Contractor's obligations
under these specifications are being carried out.
7. The Contractors are encouraged to participate in voluntary associations, which assist
in fulfilling their equal employment opportunity obligations. The efforts of a
contractor association, joint contractor-union, contractor-community, or other
similar groups of which the Contractor is a member and participant, may be asserted
as fulfilling any one or more of its obligations under these specifications provided
that the Contractor actively participates in the group, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of
the Contractor. The obligation to comply, however, is the Contractor's.
8. The Contractor is required to provide equal employment opportunity for all minority
groups, both male and female, and all women, both minority and non-minority.
9. The Contractor shall not use the nondiscrimination standards to discriminate against
any person because of race, color, religion, sex, national origin, ancestry, physical
handicap, medical condition, marital status or age over 40.
10. The Contractor shall not enter into any subcontract with any person or firm
decertified from state contracts pursuant to Government Code Section 12990.
11. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and the nondiscrimination clause, including suspension, termination
and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Government Code Section 12990 and its implementing regulations by the awarding
agency. Any Contractor who fails to carry out such sanctions and penalties shall be in
violation of these specifications and Government Code Section 12990.
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12. The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company equal employment opportunity policy is
being carried out, to submit reports relating to the provisions hereof as may be
required by OCP and to keep records. Records shall at least include for each
employee the name, address, telephone numbers, construction trade, union
affiliation if any, employee identification number when assigned, social security
number, race, sex, status, (e.g., mechanic, apprentice trainee, helper, or laborer),
dates of changes in status, hours worked per week in the indicated trade, rate of
pay, and locations at which the work was performed. Records shall be maintained in
any easily understandable and retrievable form; however, to the degree that
existing records satisfy this requirement, Contractors shall not be required to
maintain separate records.
NOTE: Authority cited: Sections 12935(a) and 12990(d), Government Code. References: Section
12990, Government Code.
7-1.05 LEGAL RELATIONS AND RESPONSIBILITY
Notices. Any notice from one party to the other under this Contract shall be in
writing and shall be dated and signed by the party giving such notice, or by a duly
authorized representative of such party. Any such notice shall not be effective for
any purpose whatever unless served in the following manner:
1. If the notice is given to Owner, it must be by personal delivery thereof to the
Director of Parks and Public Works or by depositing the same in the United
States mails, enclosed in a sealed envelope, addressed to Owner for the
attention of said Director of Parks and Public Works, 41 Miles Avenue, Los
Gatos, California 95030, postage prepaid and registered;
2. If the notice is given to the Contractor, it must be by personal delivery
thereof to the Contractor, or to the Contractor's foreman at the site of the
work, or by depositing the same in the United States mails, enclosed in a
sealed envelope addressed to the Contractor at the Contractor's regular
place of business or at such other address as may have been established for
the conduct of the work, postage prepaid and registered; or
3. If the notice is given to the Surety or any other person, by personal delivery
to such Surety or by depositing the same in the United States mails, enclosed
in a sealed envelope, addressed to such Surety or person at the address of
such Surety or person last communicated by him to the party giving the
notice, postage prepaid and registered; and
4. The effective date of such notice(s) shall be the date personal delivery is
made or the date shown on the return receipt of the registered mailed
notice.
Entire Contract. No verbal agreement or conversation with any officer, agent or
employee of Owner, either before, during or after the execution of this Contract,
shall affect or modify any of the terms or obligations contained in the Contract
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Documents, nor shall such verbal agreement or conversation entitle the Contractor
to any additional payment whatsoever under the terms of this Contract.
7-1.06 EMPLOYMENT OF APPRENTICES
Attention is directed to the provisions of Labor Code §§1777.5 and 1777.6
concerning the employment of apprentices by the Contractor or any subcontractor
under Contractor. Section 1777.5 does not apply to contracts less than $30,000.
Section 1777.5 requires the Contractor or subcontractor, employing workers in any
apprenticeable craft or trade, to apply to an apprenticeship program near to the site
of the public works project that administers the apprenticeship program in that craft
or trade for a certificate of approval. The certificate will also fix the ratio of
apprentices to journeypersons that will be used in the performance of the contract.
Section 1777.5 also requires submission of specified award information to the
apprenticeship program.
The ratio of apprentices to journeypersons in such cases shall not be less than 1 to 5,
except that the joint committee may grant a certificate, subject to the approval of
the Administrations of Apprenticeship, exempting a Contractor from the 1 to 5 ratio,
when it finds that any one of the following conditions are met;
1. In the event unemployment for the previous 3-month period in such area
exceeds an average of 15%, or
2. In the event the number of apprentices in training in such area exceeds a
ratio of 1 to 5, or
3. If there is a showing that the apprenticeable craft or trade is replacing at
least 1/13th of its journeyperson annually through apprenticeship training,
either on a statewide basis, or on a local basis, or
4. If assignment of an apprentice to any work performed under a public works
contract would create a condition which would jeopardize apprentice's life or
the life, safety, or property of fellow employees or the public at large or if the
specific task to which the apprentice is to be assigned is of such a nature that
training cannot be provided by a journeyperson.
The Division of Apprenticeship Standards may grant a certificate exempting the
Contractor from the 1 to 5 ratio upon proper showing by the Contractor that it
employs apprentices in a specific apprenticeable craft or trade in the state on all its
contracts on an annual average if not less than 1 apprentice to each 5
journeypersons.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if the Contractor employs registered
apprentices or journeypersons in any apprenticeable trade on such contracts, and if
other Contractors in the area of the public works site are making such contributions.
The Contractor and any subcontractor under Contractor shall comply with the
requirements of §§1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations ex officio
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the Administrator of Apprenticeship, San Francisco, California, or from the Division
of Apprenticeship Standards and its branch offices.
Responsibility for compliance with this section and this section's reference to the
Standard Specifications lies with the Contractor.
7-1.07 PUBLIC SAFETY
The following paragraphs are hereby added to Section 7-1.04, "Public Safety," of the Standard
Specifications:
The Contractor shall maintain a safe workplace throughout the job including, but not limited to,
maintenance of barricades, maintenance of safe pedestrian walkways and handicap access
throughout or around the project site, and maintenance of pavement within the limits of the
roadway and driveways with a suitable traffic-bearing surface. The Contractor shall fulfill the
requirements of this section 24 hours per day, seven days a week, including holidays, from the
time of the Notice to Proceed is issued until the project is formally accepted.
7-1.08 ADDITIONAL SURETIES
If at any time during the continuance of the Contract the Sureties, or any of them, shall, in the
opinion of the Owner, become irresponsible, the Owner shall have the right to require
additional and sufficient Sureties which the Contractor shall furnish to the satisfaction of the
Owner within 10 working days after notice.
7-1.09 INSURANCE
Bidders' attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of bid submission the availability of insurance certificates and endorsements as prescribed and
provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract.
The Contractor shall procure and maintain for the duration of the Contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the Work hereunder by the Contractor, Contractor's agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in
the Contractor's bid and shall not be otherwise recoverable from Owner.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form GC
0001).
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2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers’ Compensation insurance as required by the Labor Code of the State
of California and Employers Liability insurance.
B. Minimum Limits of Insurance. The Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this Project/Location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and Employers
Liability limits of $1,000,000 per accident.
C. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the Town of Los Gatos. At the option of the
Town of Los Gatos, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the Town of Los Gatos, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense
expenses.
D. Other Insurance Provision. The policies are to contain, or be endorsed to contain the
following provision:
1. General Liability and Automobile Liability Coverages
a. The Town of Los Gatos, its officers, officials, employees and
volunteers are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Contractor,
products and completed operations of the Contracts, premises
owned, occupied or used by the Contractor, or automobiles owned,
leased, hired or borrowed by the Contractor. The coverage shall
contain no special limitations on the scope of protection afforded to
the Town of Los Gatos, its officers, officials, employees, or volunteers.
b. The Contractor's insurance coverage shall be primary insurance as
respects the Town of Los Gatos, its officers, officials, employees, and
volunteers. Any insurance or self-insurances maintained by the Town
of Los Gatos, its officers, officials, employees, or volunteers shall be
excess of the Contractors Insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the Town of Los Gatos, its officers,
officials, employees, or volunteers.
d. The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
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2. Workers' Compensation and Employers Liability Coverage. The insurer shall
agree to waive all rights of subrogation against the Town of Los Gatos, its
officers, officials, employees, or volunteers for losses arising from work
performed by the Contractor for the Town of Los Gatos.
3. All Coverages. Each insurance policy required by this clause shall be endorsed
to state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after 30 days prior written
notice by certified mail, return receipt required, has been given to the Town
of Los Gatos.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating
of no less than B+.
F. Verification of Coverage. The Contractor shall furnish the Town of Los Gatos with
certificates of insurance and with original endorsements effecting coverage required
by this clause. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms provided by the Town of Los
Gatos. Where by statute, the Town of Los Gatos' workers' compensation-related
forms cannot be used, equivalent forms approved by the State Insurance
Commissioner are to be substituted. All certificates and endorsements are to be
received and approved by the Town of Los Gatos before work commences. The
Town of Los Gatos reserves the right to require complete, certified copies of all
required insurance policies, at any time.
G. Subcontractors. The Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
H. Indemnification. The Contractor shall save, keep and hold harmless indemnify and
defend the Town its officers, agent, employees and volunteers from all damages,
liabilities, penalties, costs, or expenses in law or equity that may at any time arise or
be set up because of damages to property or personal injury received by reason of,
or in the course of performing work which may be occasioned by a willful or
negligent act or omissions of the Contractor, or any of the Consultant's officers,
employees, or agents or any subcontractor.
7-1.10 CONTRACT DOCUMENTS ON SITE
The Contractor shall maintain on the job site an official set of Contract Documents, available at
all times to the Director of Parks and Public Works, Inspector, or their representatives.
7-1.11 COORDINATION OF WORK WITH OTHER CONTRACTS
The Contractor must ascertain to the Contractor's own satisfaction the scope of the Work and
the nature of any other Contracts that have been or may be awarded by the Owner in the
prosecution of the Work, to the end that the Contractor may perform this Contract in the light
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of such other Contracts, if any. Nothing herein contained shall be interpreted as granting to the
Contractor exclusive occupancy of the site of the work. The Contractor shall not cause any
unnecessary hindrance or delay to any other Contractor working on any project which
encompasses the Work. If the performance of any Contract for the work is likely to be
interfered with by the simultaneous execution of some other Contract or Contracts, the Owner
shall decide which the Contractor shall cease work temporarily and which the Contractor shall
continue or whether the work can be coordinated so that the Contractors may proceed
simultaneously. The Owner shall not be responsible for any damage suffered or extra costs
incurred by the Contractor resulting directly or indirectly from the award or performance or
accepted performance of any other Contract or Contracts on the Work or caused by any
decision or omission of Owner respecting the order of precedence in the performance of the
Contracts awarded for the completion of the Work.
The Owner reserves the right to do the Work with its own forces or to let other Contracts for
work on or contiguous to the Work set forth in the Plans and Specifications.
7-1.12 TRAFFIC CONTROL PLAN AND DEVICES
The Contractor shall supply, place, and maintain all necessary traffic control devices during
construction in accordance with the applicable requirements of the Standard Specifications and
Section 10-2, “Traffic Control.”
7-1.13 EQUIPMENT AND MATERIAL REPLACEMENT
The Contractor shall replace at Contractor's cost and expense any piece of
equipment, or part thereof, or any material furnished under these Specifications,
which fails because of defective material or workmanship, within 2 years following
completion and acceptance of the Work.
All decisions regarding acceptable equipment or installation shall be made by the
Director of Parks and Public Works, and the Director of Parks and Public Works
decision shall be final.
7-1.14 PUBLIC SAFETY – NOISE
It shall be the Contractor’s responsibility to keep noise pollution due to construction activities
as low as possible. In no case shall noise levels produced by the Contractor exceed either of the
following maximums:
A. No individual piece of equipment shall produce a noise lever exceeding 85dBA at a
distance of 25 feet.
B. The noise level at no point outside of the property line or temporary construction
area shall not exceed 85 dBA. No equipment violating these standards will be
allowed to operate.
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In no case shall the Contractor’s operations violate the noise ordinance (Chapter 16) of the
Town Code.
7-1.15 EQUAL EMPLOYMENT OPPORTUNITY POLICY
From and after the award of the Contract and during the course of the work on the project, the
Contractor shall comply with the following Equal Employment Opportunity Conditions. The
Contractor adopts and accepts as its operating policy the following statement:
"It is the policy of this company to assure that applicants are employed and that
employees are treated during employment without regard to their race, religion, sex,
color, or national origin. Such action shall include employment, upgrading, demotion,
transfer, recruitment and recruitment advertising, termination, pay, and selection for
training, including apprenticeship."
7-1-16 EQUAL EMPLOYMENT OPPORTUNITY OFFICER
The Contractor shall designate and make known to the Director of Parks and Public Works an
Equal Employment Opportunity Officer capable of administering and promoting an active
Contractor program of equal opportunity who will be assigned adequate authority and
responsibility to do so.
7-1.17 DISSEMINATION OF POLICY
All members of the Contractor's organization with authority to hire, supervise, promote, and
terminate employees, or who recommend such action, shall be made fully cognizant of and
shall implement the Contractor's Equal Employment Opportunity policy: The following actions
shall be taken as a minimum:
Periodic meetings of supervisory personnel shall be conducted before start of work
and at least once every 3 months for the purpose of reviewing and explaining the
Contractor's Equal Employment Opportunity Policy and its implementation. The
meetings shall be conducted by the Equal Employment Opportunity Officer or other
knowledgeable company officials.
All new supervisory employees shall be indoctrinated as to the Contractor's Equal
Employment Opportunity obligations within 30 calendar days following their
reporting for duty with the Contractor.
The Equal Employment Opportunity Officer or appropriate company official will
instruct all employees engaged in recruitment and hiring as to the methods followed
by the Contractor in recruiting and hiring qualified employees.
7-1.18 RECRUITMENT
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When advertising for employees, the Contractor shall include in all advertisements
for employees the notation An Equal Opportunity Employer. It shall insert all such
advertisements in newspapers or other publications having a large circulation
among minority groups in the area from which the project work force would
normally be derived.
If the Contractor does not restrict individuals who are hired as employees exclusively
to those who are related by blood or marriage to persons possessing an ownership
interest in the Contractor's business, in those case where the Contractor is not
precluded therefor by a valid collective bargaining agreement, systematic and direct
recruitment shall be conducted through public and private employee referral
sources likely to yield qualified minority group applicants, including, but not limited
to State employment agencies, schools, colleges and minority group organizations.
To meet this requirement, the Contractor shall, through its Equal Employment
Opportunity Officer, identify sources of potential minority group employees and
establish with such identified sources procedures whereby minority group applicants
may be referred to the Contractor for employment consideration.
If the Contractor does not restrict individuals who are hired as employees exclusively
to those who are related by blood or marriage to persons possessing an ownership
interest in the Contractor's business, the Contractor shall encourage present
employees to refer minority group applicants for employment. Information and
procedures with regard to referring minority group applicants shall be provided to
such employees.
7-1.19 PERSONNEL ACTIONS
Wages, working conditions, and employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion,
layoff, and termination shall be taken without regard to race, color, religion, sex, or national
origin. The following procedures shall be followed:
The Contractor shall conduct periodic inspections of project sites to insure that
working conditions and employee facilities do not indicate discriminatory treatment
of project site personnel.
The Contractor shall periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
The Contractor shall periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found,
the Contractor shall promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
The Contractor shall investigate all complaints of alleged discrimination made to the
Contractor in connection with its obligations under this contract, shall attempt to
resolve such complaints, and shall take appropriate corrective action. If the
investigation indicates that the discrimination may affect persons other than the
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complainant, such corrective action shall include such other persons. Upon
completion of each investigation, the Contractor shall inform every complainant of
all of his/her avenues of appeal.
7-1.20 TRAINING AND PROMOTION
If the Contractor does not restrict individuals who are hired as employees exclusively to those
who are related by blood or marriage to persons possessing an ownership interest in the
Contractor's business, programs designed to increase the skills of all employees and applicants
for employment shall be promoted as follows:
Consistent with its manpower requirements and as permissible under Federal and
State regulations, the Contractor shall make full use of training programs, such as
pre-apprenticeship, apprenticeship, and/or on-the-job training programs for the
geographical area of contract performance.
The Contractor shall advise employees and applicants for employment of available
training programs and entrance requirements for each.
The Contractor shall periodically review the training and promotion potential of
employees and shall encourage eligible employees to apply for such training and
promotion.
7-1.21 UNIONS
If the Contractor relies in whole or in part upon unions as a source of Contractor's work force,
the Contractor shall use its best efforts to incorporate an Equal Employment Opportunity clause
into all union agreements which defines responsibilities for non-discrimination in hiring,
referral, up-grading and training, and otherwise implements an affirmative anti-discrimination
program in terms of the union's specific areas of skill and geography, to the end that all
qualified workers will be available and given an equal opportunity for employment, and such
unions will be contractually bound to refer applicants without regard to their race, color,
religion, sex or national origin.
In the event a union is unable to refer applicants as requested by the Contractor within the
time limit set forth within the union agreement, the Contractor shall, through its recruitment
procedures, fill the employment vacancies without regard to race, color, religion, sex or
national origin, making full efforts to obtain qualified persons.
7-1.22 SUBCONTRACTING
The Contractor shall use its best efforts to assure subcontractor compliance with their Equal
Employment Opportunity obligations.
7-1.23 DEBARRED CONTRACTORS AND SUBCONTRACTORS
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Pursuant to Public Contract code § 6109, Contractors and subcontractors who are ineligible
pursuant to Labor Code §§ 1777.1 and 1777.7 are prohibited from work on the project
7-1.24 NOTICES AND POSTERS
The Contractor shall make known its Equal Employment Opportunity responsibilities under this
Contract by the following methods:
A. Executed copies of the Contractor's Fair Employment Practices Statement shall be:
1. Conspicuously posted in all areas where job applicants and potential
employees appear for purposes of gaining employment by the Contractor;
2. Conspicuously posted on all employee bulletin boards and in other areas
where employees of the Contractor congregate; and,
3. Transmitted to each labor union or representative of workers with which the
Contractor has a collective bargaining agreement or other contract or
understanding, and to all other sources or employee referrals, including
schools and employment agencies.
B. Posters containing the following wording shall be conspicuously posted in all areas
where job applicants and potential employees appear for purposes of gaining
employment by the Contractor: "(NAME OF CONTRACTOR)" is an Equal Employment
Employer."
C. The Contractor's Equal Employment Opportunity policy, as described in these
Specifications, and shall be distributed in written form to all employees.
7-1.25 FAIR EMPLOYMENT PRACTICES STATEMENT
The Contractor shall execute the following Fair Employment Practices Statement:
"Fair Employment Practices Statement": (Name of Contractor) is an Equal Employment
Opportunity Employer, as such has adopted the policy and will take affirmative action to
employment without regard to their race, color, religion, ancestry or national origin. On (Date),
(Name of Contractor) was awarded a public works contract by the Town of Los Gatos, a
municipal corporation situated in the County of Santa Clara, State of California, for the work of
(Name of Contract). Under said Contract (Name of Contractor) has agreed to comply with those
Equal Employment Opportunity Conditions described in Section 7 of the Contract Documents
for said project, and has agreed, among other things, that damages will be paid to the Town in
event it is found that the requirements of said Conditions have not been satisfied.
Dated: __________________ Signed: __________________
7-1.26 RECORDS
The Contractor shall keep such records as are necessary to determine compliance with its Equal
Employment Opportunity obligations under this Contract. Such records shall be retained for a
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period of 2 years following completion of the project. Such records show:
The number of minority and non-minority group members employed in each work
classification on the project.
The efforts and progress being made in cooperation with unions to increase minority
group employment opportunities (applicable only to Contractors who rely in whole
or in part on Unions as a source of their work force).
The efforts and progress being made in locating, hiring, training, qualifying, and
upgrading employees.
The above-described records, together with the Contractor's records of employment,
employment advertisements, application forms, and other pertinent data shall, upon request,
be opened to inspection and copying by the Director of Parks and Public Works or the Director
of Parks and Public Works authorized representative, or any other agency of the State of
California designated by the Director of Parks and Public Works, for purposes of investigating
whether the Contractor has complied with the Equal Employment Opportunity conditions of
this Contract.
7-1.27 REPORTS
Between the date of the award of the Contract and the date of the commencement of work on
the project, the Contractor shall in conformity and compliance with the directions of the
Director of Parks and Public Works, submit to the Director of Parks and Public Works a basic
compliance report which shall include the following:
The name, business address and telephone number of the Contractor's Equal
Employment Opportunity Officer.
An executed copy of the Contractor's Fair Employment Practices Statement.
A description of the Contractor's sources of potential employees, and the identity of
the person or persons who have responsibility for determining who the Contractor
will hire and whether or not to hire.
Such evidence as is required by the Director of Parks and Public Works, showing that
the Contractor has notified all supervisors, foremen, and other personnel officers, in
writing, of the content of the Contractor's Equal Employment Opportunity policy.
Such evidence as is required by the Director of Parks and Public Works showing that
the Contractor has transmitted its Statement of Fair Employment Practices to all
sources of employee referrals.
Such evidence as is required by the Director of Parks and Public Works showing that
the Contractor has posted bulletins, posters, and the Fair Employment Practices
Statement in the manner required by these Equal Employment Opportunity
Conditions.
7-1.28 BREACH OF EQUAL EMPLOYMENT CONDITIONS
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In the event the Director of Parks and Public Works, as a result of supervising the Contractor's
performance under the Contract or after investigating a complaint by a third party, finds that
the Contractor is or has been in violation of its agreement to comply with these Equal
Employment Opportunity Conditions, notice of such violations shall be filed with the Director of
Parks and Public Works and given to the Contractor by depositing same in the United States
mail, postage prepaid, addressed to the last known business address of the Contractor, with
return receipt requested. Not later than 15 calendar days after the filing of said notice with the
Director of Parks and Public Works, a hearing shall be held by the Town Council for the purpose
of ascertaining whether the charges contained in the notice are true, and, if true, whether the
Contractor has failed to make a reasonable and substantial effort to comply with these Equal
Employment Opportunity Conditions. Notice of the time and place of said hearing shall be given
the Contractor not less than 5 days prior thereto in the same manner as the notice of violations
is given. During said hearing, the Town Council shall receive and consider any evidence offered
by the Director of Parks and Public Works, the Contractor, and any third party. At the
conclusion of said hearing, the Town Council shall determine the matter and its determination
shall be final.
If after the hearing above described the Town Council determines that the Contractor has failed
to comply with these Equal Employment Opportunity Conditions, and has failed to make a
reasonable and substantial effort to comply with said conditions, the Contractor shall be
deemed in material breach of the Contract. It is understood that the Owner will have suffered
damage by virtue of said breach; and it being impractical and unfeasible to determine the
amount of actual damage, it is agreed that the Contractor shall pay to Owner, as fixed and
liquidated damages, and not as a penalty, the sum of $50.00 for each calendar day during which
the Contractor is found to have been in noncompliance. Such monies may be recovered from
the Contractor and its Surety. The Owner may deduct any such damages from monies due the
Contractor.
7-1.29 DISQUALIFICATION FROM FUTURE CONTRACTS
A finding by the Town Council that the Contractor has failed to comply with these Equal
Employment Opportunity Conditions and has failed to make a reasonable and substantial effort
to so comply, or a finding of willful violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act, or similar provisions of Federal law or Executive
Order, in the performance of work on the project shall be deemed a basis for determining the
Contractor to be not a "responsible bidder" as to future contracts for which the Contractor may
submit bids. A finding of willful violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act shall be deemed to have occurred upon receipt by the
Owner of written notice from the California Fair Employment Practices Commission that it has
investigated and determined that the Contractor has violated said Fair Employment Practices
Act and has issued an order under Government Code §12970, or obtained judgment and order
of enforcement under Government Code §12973.
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7-1.30 OTHER REMEDIES
Nothing contained in these Equal Employment Opportunity Conditions shall be construed in any
manner or fashion so as to prevent the Owner from pursuing any other remedies that may be
available at law or in equity.
7-1.31 PUBLIC WORKS CONTRACTS; ASSIGNMENT TO AWARDING BODY
In entering into a public works contract or a subcontract to supply goods, services, or materials
pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign
to the awarding body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract (California Public
Contract Code §7103.5). This assignment shall be made and become effective at the time the
Owner tenders final payment to the Contractor, without further acknowledgment by the
parties.
7-1-32 UNFAIR BUSINESS PRACTICE CLAIMS
Pursuant to Public Contract Code § 7103.5, the Contractor agrees to assign all unfair business
practices claims under the Clayton Act and the Cartwright Act to the Town of Los Gatos.
7-1.33 CLAIMS
The Contractor shall not be entitled to the payment of any additional compensation for any act,
or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have
given the Engineer due written notice of potential claim specified in the Standard Specifications
and these Special Provisions.
The written notice of potential claim shall set forth the reasons for which the Contractor
believes additional compensation will or may be due, the nature of the costs involved, and
insofar as possible, the amount of the potential claim. The notice as above required must have
been given to the Engineer prior to the time that the Contractor shall have performed the work
giving rise to the potential claim for additional compensation, if based on an act or failure to act
by the Engineer, or in all other cases within 10 days after the happening of the event, thing,
occurrence, or other cause, giving rise to the potential claim. Town may request additional
information from Contractor regarding the Contractor’s claim which shall be provided to the
Town within 10 days of the request. If the Contractor fails to provide notice as stipulated in this
section, the Claim will be considered invalid, and no compensation will be allowed therefore.
It is the intention of this section that differences between parties arising under and by virtue of
the contract be brought to the attention of the Engineer at the earliest possible time in order
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that such matters may be settled, if possible, or other appropriate action promptly taken. The
Contractor herby agrees that they shall have no right to additional compensation for any claim
that may be based on any such act, failure to act, event, thing or occurrence for which no
written notice of potential claim as herein required was filed.
In addition to the written notice of potential claim, the Contractor shall submit written
statement of all claims arising under or by virtue of the contract so that the Engineer receives
the written approval or statement of claims no later than close of business of the thirtieth (30th)
day after receiving the proposed final estimate. If the thirtieth (30th) day falls on a Saturday,
Sunday, or legal holiday, then receipt of the written approval or statement of claims by the
Engineer shall not be later than close of business of the next business day. No claim will be
considered that was not included in the written statement or claims, nor will any claim be
allowed as to which a notice or protest is required under these provisions in Section 4-1.05,
“Changes and Extra Work,” Section 4-1.06, “Differing Site Conditions,” Section 5-1.36D,
“Nonhighway Facilities,” Section 5-1.43, “Potential Claims and Dispute Resolution,” and Section
8-1.10, “Liquidated Damages,” of the Standard Specifications unless the Contractor has
complied with the notice or protest requirements in those sections.
Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. If additional information or details are required by the
Engineer to determine the basis and amount of the claims, the Contractor shall furnish
additional information or details so that the additional information or details are received by
the Engineer no later than the fifteenth (15th) day after receipt of the written request from the
Engineer. If the fifteenth (15th) calendar day falls on a Saturday, Sunday or legal holiday, then
receipt of the information or details by the Engineer shall not be later than close of business of
the next business day. Failure to submit the information and details to the Engineer within the
time specified will be sufficient cause for denying the claim.
The Contractor shall keep full and complete records of the costs and additional time incurred
for any work for which a claim for additional compensation is made. The Engineer or any
designated claim investigator or auditor shall have access to those records and any other
records as may be required by the Engineer to determine the facts or contentions involved in
the claims. Failure to permit access to those records shall be sufficient cause for denying the
claims.
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Claims submitted by the Contractor shall be accompanied by a notarized certificate containing
the following language:
Under the penalty of law for perjury or falsification and with specific reference to the California
False Claims Act, Government Code Section 12650 et. seq., the undersigned,
_________________________________________________________
(Name)
_________________________________________________________
(Title)
_________________________________________________________
(Company)
hereby certifies that the claim for the additional compensation and time, if any, made herein
for the work on this contract is a true statement of the actual costs incurred and time sought,
and is fully documented and supported under the contract between parties.
Dated __________________________________________________
/s/______________________________________________________
State of California )
) ss.
County of ______________________)
Subscribed and sworn to (or affirmed) before me this _______________ day of
_______________________, 20 .
_______________________________________
Signature of Notary Public (Notary Seal)
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Failure to submit the notarized certificate will be sufficient cause for denying the claim.
Any claim for overhead type expenses or costs, in addition to being certified as stated above,
shall be supported by an audit report of an independent Certified Public Accountant. Any claim
for overhead shall also be subject to audit by the Town at its discretion.
Any costs or expenses incurred by the Town in reviewing or auditing any claims that are not
supported by the Contractor’s cost accounting or other records shall be deemed to be damages
incurred by the Town within the meaning of the California False Claims Act.
The Engineer will make the final determination of any claim which remains in dispute after
completion of the claim review. The Contractor may be allowed to make a presentation in
support of those claims.
Upon final determination of the claims, the Engineer will then make and issue the Engineer’s
final estimate in writing and within 30 days thereafter the Town will pay the entire sum, if any,
found due thereon. That final estimate shall be conclusive and binding against both parties to
the contract on all questions relating to the amount of work done and the compensation
payable therefore, except as otherwise provided in Section 5-1.27, “Records,” and Section 9-
1.21, “Clerical Errors,” of the Standard Specifications.
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SECTION 8 PROSECUTION AND PROGRESS
8-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 8, “ Prosecution and Progress,” of
the Standard Specifications, all of which are applicable to this Contract, except that it shall be
the bidder's responsibility to contact the utility companies and to determine for itself what, if
any utility construction, removal, alteration or relocation work might delay or otherwise affect
its operations under this Contract, and the Contractor shall not be entitled to any compensation
for such delay or effect, except that time extensions may be granted, at the option of the
Engineer as provided for in the Standard Specifications and these Specifications.
8-1.02 PROGRESS SCHEDULE
Prior to beginning work, the Contractor shall submit to the Engineer for approval a detailed
construction schedule for accomplishing the Work within the time allowed.
The detailed construction schedule shall include evidence of a capable work force, availability
of construction materials and ability to prosecute the Work diligently to completion.
As a minimum, the construction schedule shall identify all major tasks necessary to complete
the Work, shall indicate when each such task will be started and how many working days will be
used in completing it, shall indicate the time relationship among the activities, and shall
indicate the amount of each Contract item that will be completed after each 10% increment of
Contract time has elapsed.
Whenever performance falls behind the approved construction schedule rates, the Contractor
shall, by the next day, submit to the Engineer for approval, a revised construction schedule
indicating how the remaining work will be completed within the remaining time.
The Contractor shall also submit to the Engineer each Friday a detailed plan and schedule for
the proposed construction during the following week.
If and when the Engineer determines that the Contractor will exceed the Contract time
allowance, plus approved time extensions, the Engineer shall suspend further payments due
the Contractor until such time as the revised construction schedule is approved and the
Contractor demonstrates satisfactory progress in accordance with the approved revised
schedule.
Full compensation for providing, updating, and revising the project schedule shall be considered
as included in the contract unit prices paid for the various items of work required to be listed in
the progress schedule and no further compensation will be made therefor.
8-1.03 START OF WORK AND TIME OF COMPLETION
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The Contractor shall mobilize within the time frame set forth in the Notice to Proceed and the
Special Provisions. Entire contract shall be completed within the time set forth in the Notice
after Contractor’s receipt of said Notice.
8-1.04 LIQUIDATED DAMAGES
Liquidated damages will be assessed as noted in Section 4 of the Special Provisions for each
calendar day any work remains incomplete beyond the time fixed above for completion.
8-1.05 ADJUSTMENT AND PRESERVATION OF UTILITIES
This section is supplemental to the Standard Specifications. In case of conflict, these conditions
shall govern insofar as applicable.
It shall be the sole responsibility of the Contractor to pothole and verify the exact locations
and depths of all utilities prior to making borings or excavations. Power poles and overhead
wires shall be protected. Call Underground Service Alert (USA) at 1-800-227-2600 prior to any
digging.
The Contractor shall notify the Engineer of the Contractor's findings in writing where possible
conflicts may exist.
The Contractor shall bear full responsibility for all damages and cost of repairs to existing
utilities and surface improvements that are to remain or not in direct conflict. If any utilities or
improvements, including sprinklers, are damaged during the course of construction, all
expenses, or whatever nature, arising from the restoration of improvements to its original
conditions shall be borne by the Contractor, and no additional compensation shall be allowed
therefor.
Any damaged, broken or cracked utility boxes must be brought to the attention of the Public
Works Inspector prior to construction or the Contractor shall assume liability for the damaged
boxes.
Unless otherwise indicated on the drawings or specified herein, the Contractor shall maintain in
service all water, gas, and sewer lines and any lighting, power, and telephone surface and sub-
surface structures of any nature that may be affected by the work.
If the Contractor fails to maintain and protect such facilities, the Town of Los Gatos reserves the
right, if requested by the owners of the utilities, to permit the Owner to move or maintain the
utilities at the Contractor's expense.
Should it become necessary in the performance of the work to disconnect or re-route any
underground utility due to a direct conflict with the new work, Contractor shall inform the
respective utility company involved.
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8-1.06 SUPERVISION
The Contractor shall have a qualified superintendent on the job site at all times when the work
is in progress. The Contractor shall submit the superintendent’s name and resume of
experience to the Engineer for approval at the pre-construction meeting.
8-1.07 PRE-CONSTRUCTION CONFERENCE
The Contractor shall arrange for a pre-construction conference meeting with the Engineer. This
meeting shall be held at least one (1) week before the Contractor intends to start construction.
At the pre-construction conference, the Contractor shall provide the Engineer with the name(s)
and telephone number(s) of the Contractor’s personnel who can be reached and who can
respond during non-working hours in the event of an emergency or other contingency requiring
the Contractor’s immediate attention.
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SECTION 9 MEASUREMENT AND PAYMENT
9-1.01 GENERAL
The bidder's attention is directed to the provisions of Section 9, “Payment,” of the Standard
Specifications, all of which are applicable to this Contract.
9-1.02 MEASUREMENT AND PAYMENT
A. Payment for Increased or Decreased Quantities. Should there be any variance between
the estimated amount of the work to be done and the actual amount of authorized
work performed, the provisions of Section 4. “Scope of Work,” which provide for an
adjustment of the unit price by reason of overruns or underruns in excess of 25% of the
Engineer, shall apply.
It is the Contractor's responsibility to continually analyze and apply the estimated
quantities provided in the Contract Documents and to use the knowledge gained from
site visits, construction, and professional experience, to update the estimated quantities
as the work progresses. If and when the Contractor reaches 90% of the estimated
quantities of materials required for any portion of the work as specified in the Plans and
Specifications and has any reasonable belief that the Contractor will be required to
exceed those estimated quantities by more than 10%, the Contractor shall provide
written notice to the Owner of the possibility and the estimated quantities required to
complete the work. If the Contractor fails to provide that written notice before
delivering materials in excess of the originally estimated quantities, the Contractor shall
not be entitled to any additional compensation or payment for the additional work or
materials needed for the additional materials above 110%, but nevertheless shall be
required to complete the Work.
B. Progress Payments. On or before the 20th day of each month, the Contractor shall
prepare and forward to Owner an estimate, in writing, of the total amount of the work
completed in place, and the value thereof as of the 15th day of each month.
The Owner shall retain 5% of such estimated value of the work completed in place,
unless otherwise approved by the Engineer, and shall pay to the Contractor, while
carrying on the work, the balance not retained, as aforesaid, after deducting therefrom
all previous payments, and all sums to be kept or retained under the provisions of this
Contract. No such estimate or payment shall be construed to be an acceptance of any
defective work or improper materials.
Work completed in place, as estimated, shall be an estimate only, and no inaccuracy or
error in said estimates shall operate to release the Contractor or any Surety from
damages arising from such work or from enforcing each and every provision of this
Contract, and the Owner shall have the right subsequently to correct any error made in
any estimate for payment. The Contractor shall not be entitled to have any payment
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estimates processed, or be entitled to have any payment made for work performed, so
long as any lawful or proper direction concerning the work or any portion thereof given
by Owner or the Engineer are not addressed. In addition to the amount which Owner
may retain, as provided herein above, the Owner may withhold a sufficient amount or
amounts of any payment or payments otherwise due to the Contractor as in its
judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against the
Contractor or any subcontractor for labor or materials furnished in or about
the performance of the work on the project under this Contract;
2. For defective work not remedied;
3. For failure of the Contractor to make proper payments to any of the
Contractor's subcontractors;
4. A reasonable doubt that the Contractor will complete the work within the
agreed time limits;
5. Costs to the Owner resulting from failure of Contractor to complete the work
within the proper time;
5. Damage to other work on property;
6. Potential liquidated damages.
Whenever the Owner shall, in accordance herewith, withhold any monies otherwise due
the Contractor, written notice of the amount withheld and the reasons therefor shall be
given the Contractor, and when the Contractor shall remove the grounds for such
withholding, the Owner will promptly pay the Contractor the amount so withheld.
C. Progress Payment Requests. Pursuant to Public Contracts Code §20104.50, the Owner
will promptly process all requests for progress payments pursuant to this Contract. As to
any undisputed payments that are made more than 30 days after receipt of an
undisputed and properly submitted payment request from the Contractor, the Owner
will pay interest equivalent to the legal rate set forth in Code of Civil Procedure §685.10.
This section shall not apply to progress payments received between July 1 and August 1
which may take up to an additional 6 weeks to process payments.
D. Acceptance of the Work and Final Payment
1. The final payment for the work done under this Contract shall be made 60
calendar days after acceptance of the work by Owner.
2. Owner shall deduct from the final payment for the work done under this
Contract any unpaid fees for business licenses required in conformance with
Section 1-1.06 of these Specifications.
3. Upon receipt of written notice from the Contractor that the work is ready for
final inspection and acceptance, the Engineer shall promptly make such
inspection, and when the Engineer finds the work acceptable under this
Contract and this Contract fully performed, the Engineer shall promptly issue
a final certificate to Governing Body or Owner, stating that the work
provided for in this Contract has been completed and is accepted by Engineer
under the terms and conditions thereof.
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4. Acceptance of the work will be made by the Governing Body of Owner only
upon filing with said Governing Body of a certificate by the Engineer showing
the work has been given a final inspection and approval by Engineer and that
Contractor has submitted satisfactory evidence to the Engineer that all
payrolls, material bills, and other indebtedness connected with said work
have been paid. The acceptance will be made only by action of the Governing
Body of Owner to regular session.
5. If, after the work has been substantially completed, full completion thereof is
materially delayed through no fault of Contractor, and Engineer so certifies,
Owner shall, upon certificate of the Engineer, and without terminating this
Contract, make payment of the balance due for that portion of the work
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a
waiver of claims.
6. The acceptance by Contractor of said final payment shall constitute a waiver
of all claims against the Owner arising under this Contract.
Submission of Requests for Payment/Invoices. The Contractor shall submit all
original requests for payments or invoices directly to the Owner as follows:
Town of Los Gatos Finance Department, Attn: Accounts Payable, Post Office
Box 655, Los Gatos, California 95031. A copy of such request or invoices shall
also be sent to the Engineer.
Void Contract Provisions. Payment of undisputed contract amounts by the
Owner are contingent upon the Contractor furnishing the Owner with a
release of all claims against the Owner arising by virtue of the public works
contract related to those amounts. Disputed contract claims in stated
amounts may be specifically excluded by the Contractor from the operation
of the release.
Damages. Any provision in the Contract which limits the Owner's liability to
an extension of time for delay for which the Owner is responsible and which
delay is unreasonable under contemplation of the circumstances involved,
and not within the parties' control, shall not be construed to preclude the
recovery of damages by the Contractor or subcontractor. This section shall
not be construed to void any provision in this Contract which requires notice
of delays, provides for arbitration or other procedure for settlement, or
provides for liquidated damages.
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PART III- SPECIAL PROVISIONS & TECHNICAL
SPECIFICATIONS
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SECTION 10 TECHNICAL SPECIFICATIONS & SPECIAL PROVISIONS
SECTION 10-1 GENERAL CONSTRUCTION REQUIREMENTS
Project Plans
ATTACHMENT A – Message Schedule and ATTACHMENT B – Final Design Intent shall be
considered as the Plans & Technical Specifications.
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 Special
Provisions, 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 Special Provisions.
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 FY 2022/23 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 concrete project is anticipated to start construction on Monday, May 1 with a tentative
completion of June 12, 2023.
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.
Attention is directed to Section 10-2, “Traffic Control Requirements,” of these Special
Provisions.
Cooperation
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Attention is directed to Section 5-1.36D, “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) 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 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 timescaled 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.
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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.
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
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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 Special Provisions,
the hours of work for this project are Monday through Friday, 8:00 AM to 5:00 PM, unless
otherwise approved by 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 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 Gatos-Monte 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/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/tenant or 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
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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 provide and hand-deliver two “two-day” notices. The first notice shall
be distributed two working days prior to the rubberized chip seal placement. The second notice
shall be distributed two days prior to the application of the slurry seal. The “two-day” notices
shall be delivered to all adjoining residents and businesses, tenants, and other applicable
parties listed below and any other properties whose sole ingress/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 and/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 re-notify all applicable parties
(residents/property owner/tenant and/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” notifications shall also be given to the following parties
prior to beginning any work:
Santa Clara Valley Transportation Agency–(408) 321-2300
West Valley Collection and Recycling–(408) 283-8500
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, medical offices, etc. for
any driveway closures or anticipated service disruptions. The notice shall be distributed two
working days prior to the anticipated disruption. 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.
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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 Section 8, “Materials,” of the Special Provisions.
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, Division 2, “Tree Protection.”
The Contractor shall provide protective tree fencing per the Town Ordinance Sec. 29.10.1005,
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“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.
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 14-9.03, “Dust Control,” 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.
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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 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 Special Provisions, with the exception of
payment. Payment shall be covered under “Measurement and Payment” under Section 10-1 of
these Special Provisions.
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, and the Town Code.
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”).
A storm water information handout, “Blueprint for a Clean Bay,” has been prepared for this
contract and is available in ATTACHMENT C.
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 Special
Provisions of Section 10-1, “General Construction Requirements,” shall be deemed included in
the price paid for other contract items and no additional compensation shall be allowed
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therefore.
SECTION 10-2 TRAFFIC CONTROL REQUIREMENTS
General
Traffic control shall conform to the provisions of Section 12 "Temporary Traffic Control" of the
2018 Standard Specifications, the California 2014 Manual on Uniform Traffic Control Devices
(CA MUTCD) with latest revisions, and these Special Provisions. Nothing in these Special
Provisions shall be construed as relieving the Contractor from the responsibilities specified in
Section 7-1.04, “Public Safety,” of the 2018 Standard Specifications and these Special
Provisions.
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; 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,
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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 Part 6, “Temporary Traffic Control,” of the CA
MUTCD, Section 12 “Temporary Traffic Control,” of the 2018 Standard Specifications, and these
Special Provisions.
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.
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
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otherwise on the plans or specified in the special provisions. 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 board 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
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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 board sign at the limits of each closure or as specified by the Engineer. These
changeable message board signs shall also be used on the day of the actual closure. The
changeable message board signs shall indicate the days and hours of the proposed lane closure
and the type of work being done during that lane closure.
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
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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 T-10, T-10A, T-11, T-11A, T-12, and T-13, the provisions of Section
12, “Temporary Traffic Control,” of the 2018 Standard Specifications, and these Special
Provisions.
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 2018 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.
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 Section 10-2 of these Special Provisions and
with Section 12-3, “Temporary Traffic Control Devices,” of the 2018Standard Specifications,
California MUTCD, and these Special Provisions.
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.
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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.
Measurement and Payment
Full compensation for preparing traffic control plans, temporary pavement delineation plans,
providing construction 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 Section 10-2, “Traffic Control Requirements,” of the Special Provisions,
including any changeable message board signs, shall be shall be deemed included in the total
bid amount and no additional compensation shall be allowed therefore.
SECTION 10-3 EXISTING FACILITIES
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.
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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.
Measurement and Payment
Full compensation for preparing traffic control plans, temporary pavement delineation plans,
providing construction 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 Section 10-2, “Traffic Control Requirements,” of the Special Provisions,
including any changeable message board signs, shall be shall be deemed included in the total
bid amount and no additional compensation shall be allowed therefore.
SECTION 10-4 CLEARING AND GRUBBING
General
Clearing, grubbing and removal of obstructions shall conform to Section 16, “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.
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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, 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
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business at least two working days before the tree is trimmed. The notice shall be reviewed and
approved by the Engineer before delivery.
Materials Testing and Inspections
The Contractor shall coordinate with the Town to schedule materials testing and inspections for
soil 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.
SECTION 10-5 SIGNAGE
General
Work shall conform to Section 56, “Signs,” of the Standard Specifications, the Plans, these
Special Provisions, and the California MUTCD 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. Damaged
sidewalk shall be replaced from scoreline to scoreline per Town Standards. 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 as replacement per the
Town of Los Gatos Standard Plans to the satisfaction of the Engineer.
SECTION 10-6 MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for
doing all the work involved in compliance with the Plans, Specifications, Special Provisions of
Section 10-1, “General Construction Requirements”, shall be deemed included in the bid price
without any additional compensation. The Contractor shall submit a Schedule of Values
showing breakdown of work items and costs once a contract has been awarded.