1997-127-Execute An Agreement With Playground Unlimited To Complete Project 9719RESOLUTION 1997 - 127
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH PLAYGROUND UNLIMITED
TO COMPLETE PROJECT 9719
PLAYGROUND EQUIPMENT AND ADA
UPGRADES
WHEREAS, on June 16, 1997 Town Council approved plans and specifications for
Project 475POAK - Playground Equipment and ADA upgrades, and
WHEREAS, informal bids were sought in conformance with State and Town law, and
was the lowest responsible bidder.
THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos
to authorize Town Manager to execute an agreement with Playgrounds Unlimited, as described
in Exhibit A, for Project 475POAK - Playground Equipment and ADA upgrades.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17th day of November, 1997 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None ( 1
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
E
CLERK OF THE TOWN OF LOS-GATOS
LOS GATOS, CALIFORNIA
AGREEMENT
RFC
(For Contracts Under $75,00" !`
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ")
and Play Grounds Unlimited (hereinafter referred to as "Contractor "). Owner and Contractor, for
the consideration hereinafter named, agree as follows:
Contractor shall perform all work for the removal of sand and soil in the playground area to a
depth of 12" for Project 9719 - Playground Equipment and A.D.A. Upgrades.
Install playground equipment previously purchased by the Town to meet Consumer Product
Safety Commission Guidelines as per plan. The plan is only diagrammatical and the Contractor
is responsible for fall zones.
Install two (2) Christy Drain Boxes W64 IS 18" in the tot playground area and three (3) in the
school age playground area. Christy boxes are required to have cast iron grate with screen cover
to prevent resilient surface from obstructing drains. Top of drain boxes need to be installed with
the top at new grade level, 12" below the existing surface. Require a minimum of 2% slope using
4" drainpipe.
• Install approximately 350 feet of 12" high retainer wall to surround resilient surfacing material
in the playground area.
Deliver and install approximately 700 cubic yards of playground wood fiber and approx. 300 sq.
ft. of rubber matting, ( Tuff Turf or equal) for ADA access to playground equipment and resilient
surfacing. Wood fiber and rubber matting must comply with United States Consumer Product
Safety Commission guidelines for playground surfaces. It must also be in compliance with the
Americans with Disabilities Act for safe access to all users. Product test data required with Bid.
A. Purpose:
Remove existing sand and soil in the playground areas and dispose of material. Install playground
equipment previously purchased by the Town to meet Consumer Product Safety Commission
Guidelines as per plan. Install drainage in the tot play area and school age play area. Construct
350 lineal feet of 12" high retainer wall to contain wood fiber. Deliver and install approximately
700 cubic yards of playground wood fiber and approx. 300 sq. ft. of rubber matting, ( Tuff Turf
or equal) for ADA access to playground equipment and resilient surfacing.
Agreement Page 1
B. Scope of Services:
The work to be preformed under this agreement consists of furnishing all labor, methods,
processes, implements, tools, machinery, and materials to perform activities of removing 12" of
existing soil and sand, installation of playground equipment and drainage., construct 350 lineal
feet of retainer 12" high retainer wall, and install approximately 700 cubic yards of playground
wood fiber and approx. 300 sq. ft. of rubber matting,
C. Design Standards:
Meet all requirements of the Town of Los Gatos, playground manufactures requirements for
playground installation and Consumer Product Safety Commission Guidelines
D. Other Requirements:
1) Work cooperatively with Town and residents
2) Secure Town of Los Gatos Permits - Not Required
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 PRI E
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 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: $65,995.00
A. Work Schedule:
Contractor shall mobilize within 5 calendar days of receiving Notice to Proceed. The entire
project shall be completed in 45 calendar days.
B. Change Orders:
All changes to this contract shall be in writing and signed by the Owner and the Contractor.
Agreement Page 2
C. Payment Schedule:
On or before the twentieth day of each month, Contractor shall prepare and forward to
Owner an estimate, in writing, of the total amount of the work completed in place, and
the value thereof as of the fifteenth day of each month.
D. Acceptance of the work and final payment
1. The final payment for the work done under this Contract shall be made sixty
calendar days after acceptance of the work by Owner.
2. Upon receipt of written notice from the Contractor that the work is ready for final
inspection and acceptance, the Director of Building and Engineering Services
shall promptly make such inspection, and when the Director of Building and
Engineering Services finds the work acceptable under this Contract and this
Contract fully performed, the Director of Building and Engineering Services shall
promptly issue a final certificate to Governing Body or Owner, stating that the
work provided for in this Contract has been completed and is accepted by the
Director of Building and Engineering Services under the terms and conditions
thereof.
3. Acceptance of the work will be made by the Governing Body of Owner only
upon filing with said Governing Body of a certificate by the Director of Building
and Engineering Services showing the work has been given a final inspection
and approval by Director of Building and Engineering Services and that
Contractor has submitted satisfactory evidence to the Director of Building and
Engineering Services that all payrolls, material bills and other indebtedness
connected with said work have been paid. The acceptance will be made only
by action of the Governing Body of Owner to regular session.
4. If, after the work has been substantially completed, full completion thereof is
materially delayed through no fault of Contractor, and Director of Building and
Engineering Services so certifies, Owner shall, upon certificate of the Director
of Building and Engineering Services, and without terminating this Contract,
make payment of the balance due for that portion of the work completed and
accepted. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
5. The acceptance by Contractor of said final payment shall constitute a waiver of
all claims against Owner arising under this Contract.
E. Submission of requests for Payment/invoices
Contractor shall submit all original requests for payments or invoices directly to the
Owner as follows: Town of Los Gatos Finance Department, Attn: Accounts
Payable, Post Office Box 949, Los Gatos, California 95031. A copy of such request
Agreement
Page 3
or invoices shall also be sent to the Director of Building and Engineering Services.
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 in 45 Calendar Days.
5. CORRECTION OF WORK AFTER AC EPTAN E AND FINAL PAYMENT BY
T WN
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
$500 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.
Agreement Page 4
7. LICENSE
The undersigned is licensed in accordance with State Law providing for the registration of
Contractors, License No. 724637 (A "C -61" License is required.). The License expiration date
is 7- 31 -98. 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 Contractoes 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:
9. SUBCONTRACTORS
To Owner:
Scott R. Baker, Director
Building & Engineering Department
P.O. Box 949
Los Gatos, CA 95031
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.
Agreement Page 5
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.
Agreement Page 6
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
Agreement Page 7
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
This Agreement including Exhibits A & B, which are attached and incorporated herein,
constitutes the entire agreement between the parties and supersedes all prior agreements and
understandings, whether oral or in writing, and shall not be amended except in writing approved
the Owner and Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
of 19
TOWN OF LOS GATOS
CONTRACTOR
By By O-2 I ,,Ply J g�
Town Manager Title
RECD VIMENDED AS TO DESIGN:
SCOTT R. BAKER
Director of Building & Engineering
APPROVED AS TO FORM:
ORRY P. KORB, ESQ.
Town Attorney
(KT &ETORMS4AGREEXOR)
Contractor's License: 7 z Y 3 %
(Business Address Here)
t-tIJ
� 7
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos
Agreement Page 8
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.
The policies are to contain, or be endorsed to contain the following provision:
Agreement - Exhibit A
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.
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.
Agreement - Exhibit A
G.
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.
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.
Agreement - Exhibit A
EXHIBIT B
EQUAL EMPLOYMENT OPPORTUNITY CONDITIONS
I. 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
Agreement - Exhibit B
5.
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
Agreement - Exhibit B
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
Agreement - Exhibit B
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
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. FAIRS PLOYMENT PRACTICES STATEMENT
The Contractor shall execute the following Fair Employment Practices Statement:
Agreement - Exhibit B
"Fair Employment Practices Statement": Playgrounds Unlimited 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
November 17,1997, Playgrounds Unlimited was awarded a public works contract by the Town
of Los Gatos, a municipal corporation situated in the County of Santa Clara, State of California,
for the work of Project 9717. Under said Contract, Playgrounds Unlimited 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 sati$fied.
Dated: % Z /
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.
0. 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
Agreement - Exhibit B
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. BREAM:
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
Agreement - Exhibit B
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 ATION FROM FUTURREECON TRACTS
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.
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Agreement - Exhibit B