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1994-128-Adopt Resolution To Execute An Agreement With Los Gatos Electric To Complete Project 9426RESOLUTION 1994 -128 RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN MANAGER TO ADOPT RESOLUTION TO EXECUTE AN AGREEMENT WITH LOS GATOS ELECTRIC TO COMPLETE PROJECT 9426- DOWNTOWN TREE LIGHTING RENOVATION WHEREAS, the Town Council directed staff to resume lighting the downtown trees during the Christmas Holidays, and WHEREAS, bids were sought in conformance with State and Town law, and Los Gatos Electric was the lowest bidder, and WHEREAS, the attached agreement is in the best interest of the Town. THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos to authorize Town Manager to Execute an agreement with Los Gatos Electric for Project 9426 - Downtown Tree Lighting Renovation. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of September , 1994 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O "Laughlin Mayor RANDY ATTAWAY NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR O HE TOWN LOS GATOS LOS GATOS, CALIFOR A ATTEST: �J CLERK OF THE TOWN OF L ATOS LOS GATOS, CALIFORNIA `VI' `1l%.' , AGREEMENT (For Contracts Under $25,000) THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and Los Gatos Electric (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 Downtown Tree Lighting Renovation (description of work here) for PROJECT #9426 , in accordance with the Contract Documents. A. PURPOSE: Upgrade existing electrical supply for lighting downtown trees. B. SCOPE OF SERVICES: Provide 138 chord drops to existing trees from existing light poles. Remove and replace existing receptacles with duplex or double duplex weatherproof receptacles on 51 street light poles. All new chord drops will be run along existing guide wires and secured with weatherproof TY wraps at 24" intervals. Demolition of existing chords and receptacles. Add 3 guide wires between 6 light poles, add weatherproof receptacles, and chord for 20 trees on East Main Street. C. DESIGN STANDARDS: Design standards to conform will all Town, state and relevant electrical codes. 63"s 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 AGREEMENT K 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 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:$ 16,963.00. A. WORK SCHEDULE: Contractor will have (21) Calendar days to fully complete project upon receipt of notice to proceed. B. CHANGE ORDERS: All changes to this contract shall be in writing and signed by the Owner and the Contractor. C. PAYMENT SCHEDULE: Payment schedule shall be net 30 days from completion of work less 10 %. The final payment for the work done under this agreement shall be made sixty (60) calendar days after completion of project and acceptance by owner. 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 October 15, 1994. 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: AGREEMENT 3 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 $500.00 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. 466944 (A "C10" License is required.). The License expiration date is December 31,1994 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. 8. 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: Mr. Dennis Schrader AGREEMENT 14861 Los Gatos Almaden Road Los Gatos, California 95032 To Owner: Town of Los Gatos 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 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. Additional AGREEMENT 5 conversions may be ordered on the same basis as stated in the table above. 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. 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 AGREEMENT 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. AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of , 19—. TOWN OF LOS GATOS By Town Manager RECOMMENDED AS TO DESIGN: MICHAEL LaROCCA Director of P.F.M. APPROVED AS TO FORM: LARRY ANDERSON Town Attorney (N:\ B&E\FO RM S\AG REE. FOR) CONTRACTOR By Title Contractor's License: (Business Address Here) ATTEST: MARIAN COSGROVE Town Clerk, Town of Los Gatos 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 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. EXHIBIT A 3 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. 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 E 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. �3 3 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 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 EXHIBIT B 4 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 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. ��z�elr3r 11. FAIR EMPLOYMENT PRACTICES STATEMENT 5 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 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 requirements of said Conditions have not been satisfied. Dated: 12. RECORDS Signed: 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. EXHIBIT B 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. 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, EXHIBIT B 7 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 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.