Item 12 Staff Report Adopt Resolution Authorizing Agreement with Signal Maintenance Inc. For Left-Turn Green Arrow Overlap and Audible Pedestrian Signal at Blossom Hill Road/Cherry Blossom Lane and at Los Gatos Boulevard/Shannon Road/Roberts Road IntersecMEETING DATE: 12/2/96
ITEM NO.
COUNCIL AGENDA REPORT
DATE: November 22, 1996
TO: MAYOR AND TO COUNCIL
FROM: TOWN MANAGER Si
ia
SUBJECT: ADOPT RESOLUTION AUTHORIZING AGREEMENT WITH SIGNAL MAINTENANCE
INC. FOR LEFT -TURN GREEN ARROW OVERLAP AND AUDIBLE PEDESTRIAN
SIGNALS AT BLOSSOM HILL ROAD/CHERRY BLOSSOM LANE AND AT LOS GATOS
BOULEVARD/SHANNON ROAD/ROBERTS ROAD INTERSECTIONS.
RECOMMENDATION:
Adopt resolution authorizing agreement with Signal Maintenance Inc. for left -turn green arrow overlap and audible
pedestrian signals at Blossom Hill Road/Cheriy Blossom Lane and at Los Gatos Boulevard/Shannon road/Roberts Road
intersections.
DISCUSSION:
To improve traffic safety and traffic flow at the two subject intersections, and to provide audible WALK indicators for
the blind, staff would like to contract with Signal Maintenance Inc. (SMI) for this work. SMI already is contracted with
the Town for traffic signal maintenance. The subject intersections have a high accident rate because traffic making left
turns off of Los Gatos Boulevard do not know when traffic in the on -coming direction has been stopped. This action
will increase safety and improve traffic movements.
FISCAL IMPACT:
Traffic mitigation fees would be used for the left turn arrow overlap work. Left turn arrow overlap will allow more
vehicles to safely navigate the intersection.
Current balance in traffic mitigation deposit account
(480-26710)
$698,000.00
Reduction for left turn overlap arrow
(4480-85366)
$7,600.00
Reserve for contingency for left turn arrow overlap
(4480-85366)
$1,520.00
Balance in traffic mitigation deposit account
$688,880.00
Estimated fund balance in gas tax fund as of 6/30/97 per CIP
(480-36000)
$450,500.00
Reduction for audible pedestrian walk indicators
(4480-85367)
$7,000.00
PREPARED BY: SCOTT R. BAKER
Director of Building and F ineering Services
SRB:SK:sk
N:1B @EICNCLRPTS\LEFTAROW.St
Reviewed by: arttomey nce
Reformatted: 10/23/95
Revised: 11/22/96 4:06 pm
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT 9605 - BIANNUAL SIDEWALK RECONSTRUCTION PROGRAM
November 22, 1996
Reserve for contingency for audible pedestrian walk indicators
(4480-85367)
$1,400.00
Revised fund balance
$442,100.00
Authorize following budget increase for projects in gas tax fund:
Left turn arrow overlap
(4480-85366)
$9,120.00
Audible pedestrian walk indicators 480S ADA-85367
(4480-85376)
$8,400.00
Total increase:
$17,520.00
Attachments:
1. Resolution
A. Agreement
fl
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH SIGNAL MAINTENANCE, INC.
FOR LEFT TURN GREEN ARROW OVERLAP AND
AUDIBLE PEDESTRIAN SIGNALS
WHEREAS, left -turn arrow overlap will benefit traffic flow and safety at both
Blossom Hill Road/Cherry Blossom Lane and Los Gatos Boulevard/Shannon Road/Roberts
Road,
WHEREAS, audible WALK indicators at both Blossom Hill Road/Cherry
Blossom Lane and Los Gatos Boulevard/Shannon Road/Roberts Road will benefit the sight
impaired, and,
WHEREAS, both improvements can be completed by the same contractor for
most efficiency,
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos enter into a contract with Signal
Maintenance Inc., for left turn arrow overlap and audible pedestrian walk indicators, and that
the Town Manager is authorized, and is hereby directed, to execute said contract/agreement
in the name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 2nd day of December, 1996 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Attachment 1
AGREEMENT
(For Contracts Under $25,000)
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner") and
Signal Maintenance Inc., (hereinafter referred to as "Contractor"). Owner and Contractor, for the
consideration hereinafter named, agree as follows:
1. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for left turn arrow overlap and
audible pedestrian walk indicators, in accordance with the Contract Documents and Sketches.
A. PURPOSE:
The purpose of the project is to improve traffic flow and safety at by installing left -turn green
arrow overlap and audible pedestrian signals at Blossom Hill Road/Cherry Blossom Lane and
at Los Gatos Boulevard/ShannonRoad/Roberts Road intersections.
B. SCOPE OF SERVICES:
Contractor shall modify traffic signal controller/cabinets, add left -turn arrow heads, and provide
all other labor, tools, and furnish all equipment required for fully functional left -turn arrow
overlap phases for the subject intersections. At these same two intersections, Contractor shall
provide all labor, tools, and furnish all equipment required for fully functional audible WALK
indicators and ADA compliant push buttons.
C. DESIGN STANDARDS -
Design shall be to State of California Standard Specifications or to the satisfaction of the
Director of Building and Engineering Services.
D. OTHER REQUIREMENTS:
1) Work cooperatively with Town and residents
2) Secure Town of Los Gatos Permits
3) Obtain a Town business license
4) Attend pre -construction and weekly job meetings as scheduled
5) Maintain production levels to match schedule
6) Satisfy insurance requirements - Exhibit A
7) Satisfy Equal Opportunity Employment Conditions - Exhibit B
8) Follow Best Management practices for nonpoint source pollution elimination
2. CONTRACT PRICE
As full compensation for furnishing all materials and for doing all the work contemplated and
embraced in this agreement, also for all loss of damage arising out of the nature of the work
aforesaid, or from the actions of the elements, or from any unforeseen difficulties or obstructions
which may arise or be encountered in the prosecution of the work until its acceptance by Owner, and
for all risks of every description connected with the work, also for all expenses incurred by or in
Exhibit A
consequence of the suspension or discontinuance of work, and for well and faithfully completing
the work, and the whole thereof, in the manner and according to the Contract Documents, Owner
shall pay amount specified as follows: $14,600.
A. WORK SCHEDULE:
Work shall be scheduled between 8AM and 5PM, Monday through Friday.
B. CHANGE ORDERS:
All changes to this contract shall be in writing and signed by the Owner and the Contractor.
C. PAYMENT SCHEDULE:
Invoice shall be paid within 30 days of submittal. Invoice for work shall be submitted after
completion of the work.
3. BEGINNING OF WORK
Following the execution of this agreement and the approval of insurance policies and certificates,
Owner shall issue a notice to proceed with the work. Commencing work or the entrance of
equipment or materials on the site of the work by Contractor before receipt of the notice to proceed
is at the sole risk and expense of Contractor, and the Contractor shall be fully liable for any damage
or injury sustained by Owner or third persons resulting therefrom.
4. TIME OF COMPLETION
The work called for herein shall be fully completed by February 1, 1997.
5. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY
TOWN
Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for any
damages to other work and/or existing facilities resulting therefrom which shall appear within a
period of one year from the date of recording of the Notice of Completion.
6. LIQUIDATED DAMAGES
Failure to complete the work on time:
If the work is not completed by Contractor in the time specified hereinabove, or within any period
of extension as above authorized, it is understood that Owner will suffer damage; and it being
impracticable and infeasible to determine the amount of actual damage, it is agreed that Contractor
shall pay to Owner, as fixed and liquidated damages, and not as a penalty, the sum of $100 per day,
and Contractor shall be liable for the amount thereof; provided, however, that 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).
Contractor shall, within ten (10) calendar days from the beginning of any such delay, notify Owner
in writing of the cause of the delay and the amount of time extension requested, if any; whereupon
Owner shall ascertain the facts and the extent of the delay and extend the time for completing the
work when, in its judgement and for the amount of time if any, the findings of fact justify such an
extension. The Director of Building and Engineering Services determination shall be final and
binding on the parties hereto.
7. LICENSE
The undersigned is licensed in accordance with State Law providing for the registration of
Contractors, License No. C10-A 679111. The License expiration date is 10/31/97 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 Contractor was properly licensed at the time the Contract was awarded.
Any Contractor 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 Contractor to obtain and maintain proper and adequate licensing for the
term of 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 by Contractor regarding the
license are under penalty of perjury.
S. NOTICES
Notices regarding this Contract shall be given as follows and shall be considered effective upon
either personal delivery or five (5) days following deposit in the U.S. mail:
To Contractor:
To Owner:
Mr. Jim Dahl, Manager
Signal Maintenance Inc.
3395 Viso Ct.
Santa Clara, CA 95054
Scott R. Baker
Building & Engineering Department
P.O. Box 949
Los Gatos, CA 95031
9. SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4107 of the Public Contract Code of the State
of California, and any amendments thereof, the Contractor 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 Contract applies, or of a person who will, off the job site, specially
fabricate a portion of the work or improvement 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 one-half of one percent of
the Contractor's total bid, or $10,000, whichever is greater. If none, so indicate.
DIVISION OF WORK SUBCONTRACTOR ADDRESS
NONE
10. WARRANTY
Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for any
damages to other work and/or existing facilities resulting therefrom which shall appear within a
period of one year from the date of recording of final acceptance.
11. ADDITIONS TO WORK
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.
12. DELAYS
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', 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.
14. 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.
13. INSURANCE
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, as stated in Exhibit A to this Contract. The cost of such insurance is
included in the Contractor price.
14. ASSIGNMENT TO AWARDING BODY
A. In accordance with Section 7103.5 of the California Public Contract Code, the Contractor and
subcontractors shall conform to the following requirements. The Contractor and its
subcontractors offer and agree to assign to the Owner 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 (commencing with Section 16700) 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 its subcontracts. This assignment shall be made and
become effective at the time the Owner tenders final payment to the Contractor, without further
acknowledgement by the parties.
B. In accordance with Section 4552 of the Government Code, the Contractor shall conform to the
following requirements. In submitting an offer to a public purchasing body, the Contractor
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 Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from
purchase of goods, materials, or services by the Contractor 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 Contractor.
15. EQUAL EMPLOYMENT OPPORTUNITY
Contractor shall conform its conduct to the Owner's Equal Opportunity Program set forth in Exhibit
B.
16. HOURS OF WORK
Hours of work shall be limited to 8:00 a.m. to 5:00 p.m. on Monday through Friday. Other hours
must be specifically approved by the Director of Building and Engineering Services.
17. 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 Section
14.20.115 of the Los Gatos Town Code.
18. PREVAILING WAGES
Workers employed in the work must be paid at rates at least equal to the then current prevailing
wage scale as determined by the State Director of the Department of Industrial Relations. A copy
is usually on file in the Office of the Director of Building and Engineering Services.
Pursuant to Section 1770 of the California Labor Code, 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.
19. WAIVER
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a
waiver of a subsequent breach of the same or any other provision of the Agreement.
20. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of
this Agreement shall remain in effect.
21. ENTIRE AGREEMENT AND AMENDMENT
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, nor shall such verbal agreement or conversation entitle Contractor to any
additional payment whatsoever under the terms of this Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day of , 19_.
TOWN OF LOS GATOS CONTRACTOR
By By
Town Manager Title
Contractor's License:
(Business Address Here)
RECOMMENDED AS TO DESIGN:
SCOTT R. BAKER
Director of Building & Engineering
APPROVED AS TO FORM: ATTEST:
LARRY ANDERSON MARIAN COSGROVE
Town Attorney Town Clerk, Town of Los Gatos
(N:\B & E\FORM S\ AG REE. FOR )
EXHIBIT A
INSURANCE REQUIRED
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).
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability,
code 1 "any auto" and endorsement CA 0025.
3. Worker's Compensation insurance as required by the Labor Code of the State of California
and Employers Liability insurance.
B. BEGINNING OF WORK
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
EXHIBIT A
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-
insurance 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.
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 thirty (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
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's 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.
EXHIBIT A
G. SUBCONTRACTORS
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.
EXHIBIT B
EQUAL EMPLOYMENT OPPORTUNITY CONDITIONS
1 GENERAL
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.
2. EQUAL EMPLOYMENT OPPORTUNITY POLICY
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."
3. EQUAL EMPLOYMENT OPPORTUNITY OFFICER:
Contractor shall designate and make known to the Director of Building and Engineering
Services 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.
4. DISSEMINATION OF POLICY
All members of 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:
A. Periodic meetings of supervisory personnel shall be conducted before start of work and at
least once every three (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.
B. All new supervisory employees shall be indoctrinated as to the Contractor's Equal
Employment Opportunity obligations within thirty (30) calendar days following their
reporting for duty with the Contractor.
C. 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 minority group employees
5. RECRUITMENT
EXHIBIT B
A. 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.
B. 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.
C. 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.
6. PERSONNEL ACTIONS
A. 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:
1. 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.
2. The Contractor shall periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
3. 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.
4. 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 complainant, such
EXHIBIT B
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. TRAINING AND PROMOTION
A. 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 minority group
employees and applicants for employment shall be promoted as follows:
1. 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.
2. The Contractor shall advise employees and applicants for employment of available
training programs and entrance requirements for each.
3. The Contractor shall periodically review the training and promotion potential of minority
group employees and shall encourage eligible employees to apply for such training and
promotion.
8. UNIONS
A. 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 obtain the cooperation of such unions to
increase minority group opportunities within the unions, and to effect referrals by such
unions of minority group employees. Actions by the Contractor, either directly or through
a Contractor's association acting as its agent, shall include the following procedures:
1. Use its best efforts to develop, in cooperation with the unions, joint training programs
aimed toward qualifying more minority group members for membership in the unions
and increasing the skills of minority group employees so that they may qualify for higher
paying employment.
2. 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 implement an affirmative anti-
discrimination program in terms of the union's specific areas of skill and geography, to
the end that qualified minority 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.
3. 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
EXHIBIT B
recruitment procedures, fill the employment vacancies without regard to race, color,
religion, sex or national origin, making full efforts to obtain qualified minority group
persons.
9. SUBCONTRACTING
A. The Contractor shall use its best efforts to utilize minority group subcontractors or
subcontractors with meaningful minority group representation among their employees.
B. The Contractor shall use its best efforts to assure subcontractor compliance with their Equal
Employment Opportunity obligations.
10. NOTICES AND POSTERS
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 " " is an Equal Employment Employer."
C. The Contractor's Equal Employment Opportunity policy, as described in Section(b) shall be
distributed in written form to all employees.
11. 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
was awarded a
Date (Name of Contractor)
a public works contract by the Town of Los Gatos, a municipal corporation situated in the
EXHIBIT B
County of Santa Clara, State of California, for the work of (Name of Contract).
Under said Contract, has agreed to comply with those Equal Employment
Opportunity Conditions described in Exhibit B of the Contract said project, and has agreed,
among other things, that damages will be paid to the Town in event it is found that the require-
ments of said Conditions have not been satisfied.
Dated: Signed:
12. 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
period of one year following completion of the project. Such records show:
A. The number of minority and non -minority group members employed in each work
classification on the project.
B. 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).
C. The efforts and progress being made in locating, hiring, training, qualifying, and upgrading
minority group employees.
D. The efforts and progress being made in securing the services of subcontractors with
meaningful minority group representation among their 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 Building and Engineering Services
or the Director of Building and Engineering Services authorized representative, or any other
agency of the State of California designated by the Director of Building and Engineering
Services, for purposes of investigating whether the Contractor has complied with the Equal
Employment Opportunity conditions of this Contract.
13, 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 Building and Engineering Services, submit to the Director of Building and Engineering
Services a basic compliance report which shall include the following:
A. The name, business address and telephone number of the Contractor's Equal Employment
Opportunity Officer.
B. An executed copy of the Contractor's Fair Employment Practices Statement.
EXHIBIT B
C. 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.
D. Such evidence as is required by the Director of Building and Engineering Services, 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.
E. Such evidence as is required by the Director of Building and Engineering Services showing
that the Contractor has transmitted its "Statement of Fair Employment Practices" to all
sources of employee referrals.
F. Such evidence as is required by the Director of Building and Engineering Services showing
that the Contractor has posted bulletins, posters, and the "Fair Employment Practices
Statement" in the manner required by these Equal Employment Opportunity Conditions.
The Contractor shall submit to the Director of Building and Engineering Services a monthly
report for the first three (3) months after the commencement of work on the project, and
thereafter upon request by the Director of Building and Engineering Services for the duration
of the project, indicating the number of minority and non -minority group employees
currently engaged in such work classification required by the project.
14. BREACH•
In the event the Director of Building and Engineering Services, 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 Building and Engineering Services of the Owner 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 fifteen (15) calendar days after
the filing of said notice with the Director of Building and Engineering Services, a hearing shall
be held by the Town Council of the Owner 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 five (5) days prior thereto in the same manner as the notice of violations is given. During
said hearing, the Council shall receive and consider any evidence offered by the Director of
Building and
Engineering Services, the Contractor, and any third party. At the conclusion of said hearing, the
Council shall determine the matter and it determination shall be final.
If after the hearing above described the Town Council of the Owner 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
EXHIBIT B
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 Fifty Dollars ($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.
15. DISQUALIFICATION FROM FUTURE CONTRACTS
A finding by the Town Council of the Owner 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 Section 12970, or
obtained judgment and order of enforcement under Government Code Section 12973.
16. 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.
N:IMASTERICONTRACT\SI IORTPRNI. CON
INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM:
RESO/ORD NUMBER: '
DATE
ELY
LIST IN BOOK
ON DISC OR SHARE. FORM SENT TO DEFT.
\ 2-/-5
y
PUBLISH IF REQUIRED - Date of Publication
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
MAIL TO DISTRIBUTION LIST
.
NO.of COPIES:
PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
CODIFICATION IF ORDINANCE !
ctk:d16:1aher\ordrsa2
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT: gi
COUNCIL AGENDA DATE: 1,2 - (`
COUNCIL AGENDA ITEM: / 2--
SUBJECT: 41-11.)
Number:
Date of Adopt:
RESOLUTION
COUNCIL ACTION:
AYES: 6)-th-QA
o
NAYS:
ABSENT:
ABSTAIN:
COUN IL MEMBERS NAMES:
Joanne Be amin, Steven Ianton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman
Number.
Date of Intro:
Date of Adopt:
ZONE CHANGE:
ORDINANCE
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
t)°*()-
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
RESOLUTION 1996-150
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH SIGNAL MAINTENANCE, INC.
FOR LEFT TURN GREEN ARROW OVERLAP AND
AUDIBLE PEDESTRIAN SIGNALS
WHEREAS, left -turn arrow overlap will benefit traffic flow and safety at both
Blossom Hill Road/Cherry Blossom Lane and Los Gatos Boulevard/Shannon Road/Roberts
Road,
WHEREAS, audible WALK indicators at both Blossom Hill Road/Cherry Blossom
Lane and Los Gatos Boulevard/Shannon Road/Roberts Road will benefit the sight impaired,
and,
WHEREAS, both improvements can be completed by the same contractor for most
efficiency,
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town of Los Gatos enter into a contract with Signal Maintenance
Inc., for left turn arrow overlap and audible pedestrian walk indicators, and that the Town
Manager is authorized, and is hereby directed, to execute said contract/agreement in the name
and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 2nd day of December, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Mayor Joanne Benjamin
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED: /s/Joanne Benjamin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: /s/Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
December 2, 1996
Los Gatos, California
AUDIBLE TRAFFIC SIGNALS/SIGNAL MAINTENANCE INC./RESOLUTION 1996-150 (12.39)
BLOSSOM HILL & CHERRY BLOSSOM/LOS GATOS BOULEVARD-SHANNON & ROBERTS
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1996-150
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH SIGNAL MAINTENANCE, INC. FOR
LEFT TURN GREEN ARROW OVERLAP AND AUDIBLE PEDESTRIAN SIGNALS, Carried
by a vote of 4 ayes. Mr. O'Laughlin absent.
LOS GATOS-SARATOGA ROAD 275/SNACK SHOPS IN SERVICE BAYS/APPEAL (14.09)
CHEVRON STATION/ALCOHOL SALES/RESOLUTION 1996-151
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1996-151
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION TO DENY A MINOR ARCHITECTURAL AND SITE
APPLICATION FOR THE EXTERIOR REMODEL OF AN EXISTING AUTOMOBILE
SERVICE STATION AND EXPANSION OF EXISTING SNACK SHOP INTO A SERVICE BAY
ON PROPERTY IN THE C-2 ZONE WITH CONDITIONS: ARCHITECTURE AND SITE
APPLICATION PRI-96-5, which was granted November 18, 1996, coinsiding with the adoption
of the Zoning Code amendment allowing market use at a service station, which becomes
effective December 18, 1996. Carried by a vote of 3 ayes. Mr. O'Laughlin absent. Mr. Attaway
voted no as reflected in previous record.
PARKING IN-LIEU/NORTH OF LOS GATOS SARATOGA ROAD/ORDINANCE 2024 (15.46)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2024 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 5. ARTICLE I, OF
CHAPTER 29 OF THE TOWN OF LOS GATOS TOWN CODE REGARDING
NONCONFORMING USES TO ALLOW REMODELING OF BUILDINGS IN THE
DOWNTOWN COMMERCIAL AREA BETWEEN ANDREWS STREET AND LOS GATOS-
SARATOGA ROAD BY PAYMENT OF A PARKING IN -LIEU FEE. TO MAKE CLARIFYING
CHANGES TO THE NONCONFORMING USE PROVISIONS OF THE ZONING CODE, AND
TO CORRECTLY LIST RESIDENTIAL USES IN THE TOWN, which was introduced on
November 18, 1996. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
HEARINGS
UNIVERSITY AVENUE 50/OLD TOWN SHOPPING COMPLEX/RESOLUTION 1996-152
ENVIRONMENTAL IMPACT REPORT CERTIFICATION/DOWNTOWN SPECIFIC PLAN (16.09)
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
certification of an environmental impact report, a zone change application from C-2-LHP to C-
2:PD-LHP, an amendment to the Downtown Specific Plan to permit construction above the
parking lot, and approval of a preliminary development plan for the partial demolition and
rehabilitation of the Old Town Shopping Complex. Development plans include the demolition
of an existing building containing a restaurant, construction of a new commercial building
adjacent to St. Luke's Episcopal Church, conversion of the auditorium to retail space, expansion
and reconstruction of the existing buildings, and construction of a new commercial building
across University Avenue with underground parking, a) Environmental Impact Report EIR-
95-1, b) Zone Change Application Z-95-1, c) Downtown Specific Plan Amendment DSP-95-
1. Property location: 50 University Avenue. Property owner: Old Town LLC, A California
Limited Liability Co. Applicant: Ed Storm
TC: D8: MM 120296
3