06 Attachment 2 - RFPATTACHMENT 2
TOWN OF LOS GATOS
DEPARTMENT OF PARKS AND PUBLIC WORKS
41 MILES AVENUE, LOS GATOS, CA 95030
REQUEST FOR PROPOSAL
FOR SERVICES
Building Condition Assessment Services
PROPOSAL SUBMITTAL DEADLINE:
DATE: October 26, 2020
TIME: 5:00 P.M.
Submit by email to: dkeller@losgatosca.gov
RFP
ATTACHMENT 2
REQUEST FOR PROPOSAL
For Professional Consultant Services
Building Assessments
1. INTRODUCTION
The Town of Los Gatos (Town), is soliciting a Request for Proposals (RFP) from qualified
Architectural Engineering firms to provide Building Condition Assessments for each Town
Facility. The selected proposer will be expected to deliver high quality services in the production
of detailed reports, a preventive maintenance program and consultation with Town staff that
maintain these facilities. Minimum requirements and detailed description of work is included in
Attachment A “Scope of Services”.
2. ATTACHMENTS
The attachments below are included with this Request for Proposal (“RFP”). The items identified
with an asterisk (*) must be completed, signed by the appropriate representative of the
company, and returned with the submittal.
Attachment A – Scope of Services
Attachment B – Proposer’s Information Form*
Attachment C – Sample - Agreement for Services
Attachment D – Cost Proposal*
Attachment E – Building Inventory
3. INSTRUCTIONS TO PROPOSERS
3.1 Examination of Proposal Documents.
The submission of a proposal shall be deemed a representation and certification by the
Proposer that they:
3.2.1 Have carefully read and fully understand the information that was provided by the Town
to serve as the basis for submission of this proposal.
3.2.2 Have the capability to successfully undertake and complete the responsibilities and
obligations of the proposal being submitted.
3.2.3 Represent that all information contained in the proposal is true and correct.
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3.2.4 Did not, in any way, collude, conspire to agree, directly or indirectly, with any person,
firm, corporation or other Proposer in regard to the amount, terms or conditions of this
proposal.
3.2.5 Acknowledge that the Town has the right to make any inquiry it deems appropriate to
substantiate or supplement information supplied by Proposer, and Proposer hereby
grants the Town permission to make these inquiries, and to provide any and all related
documentation in a timely manner.
3.2 No request for modification of the proposal shall be considered after its submission on
grounds that Proposer was not fully informed of any fact or condition.
3.3 Questions.
Any questions by the Proposer regarding this RFP or the project must be put in writing
and received by the Town no later than 5:00 p.m. on Wednesday, October 21, 2020.
Correspondence shall be addressed to:
Dan Keller
Department of Parks and Public Works
41 Miles Avenue
Los Gatos, CA, 95030
Telephone: (408) 395-5310
E-mail: dkeller@losgatosca.gov (Preferred)
The Town shall not be responsible for nor be bound by any oral instructions,
interpretations, or explanations issued by the Town or its representatives.
Responses from the Town to questions by any Proposer will be communicated in writing
to all recipients of this RFP. Questions received after the date and time stated above will
not be accepted and will be returned to sender/s without response.
3.4 Addenda.
Any addenda issued by Town shall be in writing, shall become a part of this RFP, and
shall be acknowledged and responded to by Proposer.
3.5 Submission of Proposals:
All proposals shall be submitted to:
Dan Keller
Department of Parks and Public Works
41 Miles Avenue
Los Gatos, CA, 95030
Telephone: (408) 395-5310
E-mail: dkeller@losgatosca.gov (Preferred)
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Proposals must be delivered no later than 5:00 pm on Monday, October 26, 2020
All proposals received after that time will not be accepted.
3.6 Withdrawal of Proposals.
A Proposer may withdraw its proposal at any time before the expiration of the time for
submission of proposals as provided in the RFP by delivering a written request for
withdrawal signed by, or on behalf of, the Proposer.
4. RIGHTS OF THE TOWN OF LOS GATOS
This RFP does not commit the Town to enter into a contract, nor does it obligate the Town to
pay for any costs incurred in preparation and submission of proposals or in anticipation of a
contract. The Town reserves the right to:
▪ Make the selection based on its sole discretion;
▪ Reject any and all proposals;
▪ Issue subsequent Requests for Proposals;
▪ Postpone opening proposals for its own convenience;
▪ Remedy errors in the Request for Proposals process;
▪ Approve or disapprove the use of particular subconsultants;
▪ Negotiate with any, all or none of the Proposers regarding project scope;
▪ Accept other than the lowest cost offer;
▪ Waive informalities and irregularities in the Proposals; and/or
▪ Enter into an agreement with another Proposer in the event the originally selected
Proposer defaults or fails to execute an agreement with the Town.
An agreement shall not be binding or valid with the Town unless and until it is executed by
authorized representatives of the Town and of the Proposer.
5. RFP TIMELINE
The Town intends to select a consultant prior to Thursday, November 5, 2020. The Town may,
at its own discretion, conduct interviews and other evaluations of some, all, or none of the
applicants prior to selection. The Town will select the firm that best meets the needs of the
Town.
6. INFORMATION TO BE SUBMITTED
These guidelines govern the format and content of the proposal. The intent of the RFP is to
encourage responses that clearly communicate the Proposer’s understanding of the Town’s
requirements and the contractor’s ability to meet those requirements.
In addition to the items included within this RFP and attachments A-E, the proposal should
include the following information:
• Cover letter describing how the consultant can meet the needs of the Town.
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• Relevant experience and expertise of the firm.
• Identification of the project team, including the main project contact.
• Resumes for the project team identifying relevant experience.
• Description of and three references for projects of similar size and scope.
• Other relevant information to assist the Town in its selection.
7. CONTRACT TYPE AND METHOD OF PAYMENT
It is anticipated that the agreement resulting from this RFP, if awarded, will be an Agreement
for Services. The method of payment to the successful Proposer shall be for services provided
based on established rates for services with a maximum “not to exceed” fee as set by the
Proposer in the proposal or as negotiated between the Proposer and the Town as being the
maximum cost to perform all work. This figure shall include direct costs and overhead, such as,
but not limited to, materials, delivery, transportation, communications, and any subcontracted
items of work.
Proposers shall be prepared to accept the terms and conditions of the Agreement, including
Insurance Requirements.
The above factors will be taken into account in evaluating proposals. Proposals that take
exceptions to the proposed Agreement may be determined by the Town, at its sole discretion,
to be unacceptable and no longer considered for award.
8. INSURANCE REQUIREMENTS
The selected Proposer(s), at Proposer’s sole cost and expense and for the full term of the
agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the
insurance requirements outlined.
All policies, endorsements, certificates and/or binders shall be subject to the approval of the
Town of Los Gatos as to form and content. These requirements are subject to amendment or
waiver, if so, approved in writing by the Town of Los Gatos. The selected Proposer agrees to
provide the Town with a copy of said policies, certificates and/or endorsement upon award of
Agreement.
9. PUBLIC NATURE OF PROPOSAL MATERIAL
Responses to this RFP become the exclusive property of the Town of Los Gatos. At such time as
the Town awards a contract, all proposals received in response to this RFP become a matter of
public record and shall be regarded as public records, with the exception of those elements in
each proposal which are defined by the Proposer as business or trade secrets and plainly marked
as “Confidential,” “Trade Secret,” or “Proprietary.” The Town shall not in any way be liable or
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responsible for the disclosure of any such proposal or portions thereof, if they are not plainly
marked as “Confidential,” “Trade Secret,” or “Proprietary,” or if disclosure, in the Town’s sole
discretion, is required under the California Public Records Act as addressed below. Any proposal
which contains language purporting to render all or significant portions of the proposal
“Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the Town of Los Gatos may determine, in its sole
discretion that the information that a Proposer submits is not a trade secret. If a request is
made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the Town shall
provide the Proposer who submitted the information reasonable notice to allow the Proposer
to seek protection from disclosure by a court of competent jurisdiction, at the Proposer's sole
expense.
10. COLLUSION
By submitting a proposal, each Proposer represents and warrants that its proposal is genuine
and made in the interest of or on behalf of any person not named therein; that the Proposer
has not directly induced or solicited any other person to submit a sham proposal or any other
person to refrain from submitting a proposal; and that the Proposer has not in any manner
sought collusion to secure any improper advantage over any other person submitting a
proposal.
11. DISQUALIFICATION
Factors, such as, but not limited to, any of the following, may disqualify a proposal without
further consideration:
▪ Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms
or conditions of this proposal;
▪ Any attempt to improperly influence any member of the evaluation team;
▪ Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the
Town;
▪ Evidence of incorrect information submitted as part of the proposal;
▪ Evidence of Proposer’s inability to successfully complete the responsibilities and obligations
of the proposal; and
▪ Proposer’s default under any previous agreement with the Town.
12. NON-CONFORMING PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFP
instructions and specifications. Any alteration, omission, addition, variance, or limitation of,
from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole
discretion of the Town.
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13. GRATUITIES
No person shall offer, give or agree to give any Town employee any gratuity, discount or offer
of employment in connection with the award of contract by the Town. No Town employee shall
solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of
employment in connection with a Town contract.
14. FIRMS OR PERSONS NOT ELIGIBLE TO SUBMIT A PROPOSAL
In order to avoid any conflict of interest or perception of a conflict of interest, Proposer(s)
selected to provide contractual services under this RFP will be subject to the following
requirements:
The consultant or other entity who works on the procurement will be precluded from submitting
proposals or bids as a prime consultant or subconsultant.
The consultant or any other entity who participated in the procurement shall not have a
financial, ownership or other interest in any potential Proposer.
15. TERM OF AGREEMENT
The initial term of this agreement is anticipated to be for one year, subject to appropriation of
funds, notwithstanding any other provision in this agreement
16. PREVAILING WAGES
In accordance with the provisions of Sections 1770 et seq., of the Labor Code, the Director of
the Industrial Relations of the State of California has determined the general prevailing rate of
wages applicable to the work to be done. Service Provider will be required to pay to all persons
employed on the project by the Service Provider sums not less than the sums set forth in the
documents entitled “General Prevailing Wage Determination made by the Director of Industrial
Relations pursuant to California Labor Code, part 7, Chapter 1, Article 2, Sections 1770, 1773,
1773.1.” These documents may be obtained from the State of California.
Pursuant to Labor Code section 1725.5, no contractor or subcontractor may be awarded a
contract for public works on a public works project unless registered with the Department of
Industrial Relations.
ATTACHMENT 2
ATTACHMENT A
Scope of Services
Basic Services:
The Town is soliciting a Request for Proposals (RFP) from qualified architectural engineering
consultants to provide building condition assessments of Town facilities. The consultant shall
follow ASTM standards and manufacturer recommendations to provide complete assessments.
Through inspection and evaluation, the consultant shall provide individual building assessment
reports for each facility identified in attachment D, “Town of Los Gatos Facilities”. The reports
are intended to give a complete condition summary of each facility and should include an
analysis of life expectancy and a system component replacement schedule that projects costs
over the next 15 years. Assessments should include evidential photos and informational graphs.
Building systems include: Architectural and building envelope, mechanical, electrical, plumbing
and drainage systems and exterior hardscape. A preventive maintenance program shall be
developed and presented for all facility building systems. All areas of facilities will be made
accessible, including common areas, workspaces, roof, basement, mechanical and electrical
rooms and facility grounds. The award of contract shall be the sole discretion of the Town. It is
the intent to make one award to one Bidder for all requirements.
Building Systems:
a. Architectural and building envelope: Roof, gutters, siding, trim, doors, windows, flooring,
interior and exterior finishes.
b. Electrical: Service, distribution, lighting, emergency generators, controls and uninterrupted
power supplies (UPS).
c. Fire Life Safety equipment: Suppression and alarm systems.
d. Hardscape: Exterior concrete paths, patios, decks, stairs, retaining walls and pavement.
e. Mechanical: Heating, ventilation, air conditioning (HVAC) and controls.
f. Plumbing: Fixtures, piping, domestic water distribution, water heaters, pumps, sanitary
waste, storm drainage, and special plumbing for fuel, lubrication and compressed air.
Purpose of the Request for Proposal:
The purpose of this RFP is to obtain comprehensive building condition assessments for both
short and long term recommendations for corrective actions to ensure building sustainability
and budget estimates for the corrective work and projected budget estimates for the next 15
years to be included int the Town’s Capital Improvement Plan.
Qualifications:
The project requires detailed inspections of all Town facilities as specified herein by
architectural and engineering professionals. The Consultant must have a company office within
the state of California and include a professional estimator with similar work experience who is
familiar with ASTM techniques.
Tasks to provide complete Assessments of each facility:
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1. The consultant shall visit sites, inspect, collect and review available manufacturer
information and work with Town staff to gain historic maintenance documentation to
determine age and condition of buildings and equipment.
2. The Consultant shall assess the age, condition and functional life expectancy and projected
replacement costs of these systems. The consultant shall visually evaluate the conditions of
each of these elements and include documentation of findings with photographs and
graphs.
3. The Consultant shall include deficiencies in building code compliance of equipment and ADA
requirements per building code in reports.
4. The consultant shall provide a preventative maintenance program including a list of
maintenance tasks with a schedule of effective intervals to achieve optimal performance
and reach the maximum life of equipment.
5. The consultant shall assemble an all-inclusive comprehensive report for each Town facility,
to be made available in electronic and hard copy formats.
ATTACHMENT 2
ATTACHMENT B
Proposer’s Information Form
PROPOSER (please print):
Company: ______________________________________________________________________
Address:
1st Contact person (Name):
Title: Office Tel:
Direct/Cell: Fax:
Email:
2nd Contact person (Name):
Title: Office Tel:
Direct/Cell: Fax:
Email:
Proposer, if selected, intends to carry on the business as (check one):
Individual Joint Venture Partnership Corporation
Year incorporated? In what state?
When authorized to do business in California?):
Other (explain):
ADDENDA
To assure that all Proposers have received each addendum, check the appropriate box(es) below.
Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the
Proposal:
Addendum number(s) received:
1 2 3 4 5 6
No Addendum/Addenda Were Received (check and initial)
ATTACHMENT 2
PROPOSER’S SIGNATURE
No proposal shall be accepted which has not been signed in ink in the appropriate space below:
By signing below, the submission of a proposal shall be deemed a representation and certification
by the Proposer that they have investigated all aspects of the RFP, that they are aware of the
applicable facts pertaining to the RFP process, its procedures and requirements, and they have read
and understand the RFP. No request for modification of the proposal shall be considered after its
submission on the grounds that the Proposer was not fully informed as to any fact or condition.
(1) If Proposer is INDIVIDUAL,
sign here:
Proposer’s Signature
Proposer’s typed name and title
Date:
(2) If Proposer is PARTNERSHIP or
JOINT VENTURE, at least (2) Partners
or each of the Joint Ventures
shall sign here:
Partnership or Joint Venture Name
(type or print)
Signature
Name of Member of the Partnership or Joint Venture
(type or print)
Date:
Signature
Name of Member of the Partnership or Joint Venture
Name (type or print)
Date:
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(3) If Proposer is a CORPORATION,
the duly authorized officer(s) shall
sign as follows: The undersigned certify that they are respectively:
(Title)
and (Title)
of the corporation named below; that they are
designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate seal,
if applicable, notarized as to its authenticity or
Secretary’s certificate of authorization) for and on
behalf of the below named CORPORATION, and that
they are authorized to execute same for and on behalf
of said CORPORATION.
Corporation Name (type or print)
Signature
Name of Member of the Corporation (type or print)
Date:
Signature
Name of Member of the Corporation (type or print)
Date:
ATTACHMENT 2
ATTACHMENT C SAMPLE - AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on (DATE) by and between TOWN OF LOS GATOS, a
California municipal corporation, (“Town”) Name of Consultant, (“Consultant”), whose address is
(Address). This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide XXX services for XXX.
1.2 The Consultant represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal
sent to the Town on (DATE), 2020, which is hereby incorporated by reference and attached
as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from date of execution
to XXX.
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town’s property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and
the Consultant shall not make any of the these documents or information available to any
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individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release. The Town acknowledges that the
reports to be prepared by the Consultant pursuant to this Agreement are for the purpose
of evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Consultant in connection with other projects shall be solely at Town's risk,
unless Consultant expressly consents to such use in writing. Town further agrees that it
will not appropriate any methodology or technique of Consultant which is and has been
confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed
$XXX, inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft
form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the Town at the Consultant's
offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Consultant may perform some obligations
under this Agreement by subcontracting but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement. Consultant agrees to
testify in any litigation brought regarding the subject of the work to be performed under
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this Agreement. Consultant shall be compensated for its costs and expenses in preparing
for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the Town
in the subject of this Agreement, and it shall immediately disassociate itself from such an
interest, should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps to
ensure that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
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certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of Consultant,
premises owned or used by the Consultant. This requirement does not
apply to the professional liability insurance required for professional errors
and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance or
self-insurances maintained by the Town, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
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penalties, costs, or expenses in law or equity that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which may be occasioned by a willful or negligent act or omissions of
the Consultant, or any of the Consultant's officers, employees, or agents or any
subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen days (15) written
notice of termination. In the event of termination, the Consultant shall deliver to the
Town all plans, files, documents, reports, performed to date by the Consultant. In the
event of such termination, Town shall pay Consultant an amount that bears the same ratio
to the maximum contract price as the work delivered to the Town bears to completed
services contemplated under this Agreement, unless such termination is made for cause,
in which event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq.
of the California Labor Code requiring the payment of prevailing wages, the training of
apprentices and compliance with other applicable requirements. Contractors and all
subcontractors who perform work on the project are required to comply with these
requirements. Prevailing wages apply to all projects over $1,000 which are defined as
a “public work” by the State of California. This includes: construction, demolition,
repair, alteration, maintenance and the installation of photovoltaic systems under a
Power Purchase Agreement when certain conditions are met under Labor Code Section
1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov
and are on file with the Town of Los Gatos Parks and Public Works Department,
which shall be available to any interested party upon request. The contractor
is also required to have a copy of the applicable wage determination posted
and/or available at each jobsite.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor
Code Section 1774-1775 (the payment of prevailing wages and documentation
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of such), Section 1776 (the keeping and submission of accurate certified
payrolls) and 1777.5 in the employment of apprentices on public works
projects. Further, overtime, weekend and holiday pay, and shift pay must be
paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California
Department of Industrial Relations may impose penalties upon contractors and
subcontractors for failure to comply with prevailing wage requirements. These
penalties are up to $200 per day per worker for each wage violations identified;
$100 per day per worker for failure to provide the required paperwork and
documentation requested within a 10-day window; and $25 per day per worker
for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of
retention on any and all projects on which the payment of prevailing wages is
required, the contractor agrees to present to the TOWN, along with its request
for payment, all applicable and necessary certified payrolls (for itself and all
applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply
with the mandates set forth in Labor Code Section 1720 et seq, as well as any
additional documentation requested by the Agency or its designee including,
but not limited to: certified payroll, fringe benefit statements and backup
documentation such as monthly benefit statements, employee timecards,
copies of wage statements and cancelled checks, proof of training contributions
(CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to
the TOWN, the contractor and all subcontractors shall be required to submit
certified payroll and related documents electronically to the California
Department of Industrial Relations. Failure to submit payrolls to the DIR when
mandated by the project parameters shall also result in the withholding of
progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public
works project unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 [with limited exceptions from this
requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on
a public works project, unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5. Contractors MUST be a
registered “public works contractor” with the DIR AT THE TIME OF BID. Where
the prime contract is less than $15,000 for maintenance work or less than
$25,000 for construction alternation, demolition or repair work, registration is
not required.
4.4.8 Should any contractor or subcontractors not be a registered public works
contractor and perform work on the project, Contractor agrees to fully
indemnify the TOWN for any fines assessed by the California Department of
ATTACHMENT 2
Industrial Relations against the TOWN for such violation, including all staff costs
and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire
payment amount, until certified payroll forms and related documentation are
properly submitted, reviewed and found to be in full compliance. In the event
that certified payroll forms do not comply with the requirements of Labor Code
Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover
estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
(Consultant)
(Address)
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
ATTACHMENT 2
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
Consultant, by:
Printed Name and Title
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, CMC, Town Clerk
ATTACHMENT D
Cost Proposal
Provide a not-to-exceed cost proposal for all work described under the “Scope of Services”
broken down by project component at each location. The cost should be based on a 120 day
completion of work and should include a breakdown of consultant hours per task, hourly rates
for all team members. Consultants are encouraged to submit suggestions for cost savings and
other ways of promoting cost efficiency and to highlight any tradeoffs inherent in the suggested
alternatives. Pricing should include a breakdown for primary and secondary buildings listed in
this document. Proposers should retain a detailed breakdown, by building, of all costs included
in the grand total proposed.
FACILITY ADDRESS COST
Section A. Primary Buildings
Civic Center (est. 1964) 110 E. Main St.
Town Hall “
Police Department Head Quarters “
New Museum & Friends of Library Bookstore 106 E. Main St.
Sub total
Corporation Yard – PPW Service Center (est. 1977) 41 Miles Ave.
White House (moved onto site and renovated 1991) “
Engineering Bldg. “
Maintenance Bldg. (Outback) “
Equipment Bldg. “
Sub total
Forbes Mill Museum (1854) 75 Church St.
Library 100 Villa Ave.
Police Operations Building (POB) 15900 Los Gatos Blvd.
Recreation Center (Adult) ARC 208 E. Main St.
Recreation Center (Youth) YRC 123 E. Main St.
Tait Museum 213 Tait Ave.
Venue
(Section A) Total
Section B. Secondary Buildings
Lot #4 Underground Parking Garage Grays Lane
Balzer Field - Restroom Building 41 Miles Ave.
Belgatos Park - Restroom Building (est. 1977) 330 Belgatos Rd.
Blossom Hill Park - Restroom Building 16300 Blossom Hill Rd.
Creekside Sports Park - Restroom/Snack Shack Bldg 930 University Ave.
Oak Meadow Park - Restroom Building 233 Blossom Hill Rd.
(Section B) Sub total
(Sections A & B) Total
ATTACHMENT E
Town of Los Gatos Facilities
The following table includes all Town of Los Gatos Facilities in need of Building Assessments.
FACILITY ADDRESS SQ FT
Section A. Primary Buildings
Civic Center (1964) 110 E. Main St.
Town Hall “ 17,815
Police Department Head Quarters “ 5,585
New Museum & Friends Bookstore 106 E. Main St. 1,2511
total 35,911
Corporation Yard – PPW Service Center (est. 1977) 41 Miles Ave.
White House (moved onto site and renovated 1991) “ 2,734
Engineering Bldg. “ 4,800
Maintenance Bldg. (Outback) “ 1,716
Equipment Bldg. “ 4,741
total 13,991
Forbes Mill Museum (1854) 75 Church St. 2,450
Library 100 Villa Ave. 29,500
Police Operations Building (POB) 15900 Los Gatos Blvd. 12,760
Recreation Center (Adult) ARC 208 E. Main St. 12,000
Recreation Center (Youth) YRC 123 E. Main St. 6,479
Tait Museum 213 Tait Ave. 3,400
Venue 4 New York Ave 3,757
Lot #4 Underground Parking Garage Grays Lane 57,546
Section B. Secondary Buildings
Balzer Field - Restroom Building 41 Miles Ave. 600
Belgatos Park - Restroom Building (1977) 330 Belgatos Rd. 608
Blossom Hill Park - Restroom Building 16300 Blossom Hill Rd. 924
Creekside Sports Park - Restroom/Snack Shack Bldg 930 University Ave. 850
Oak Meadow Park - Restroom Building 233 Blossom Hill Rd. 930
TOTAL: 187,026