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CONTRACTING SERVICES AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS MD
BAILEY FENCE COMPANY INC.
THIS AGREEMENT for Contracting services is made by and between the Town of Los Altos Hills
("Town") and Bailey Fence Company Inc. ("Contractor") (together referred to as the°Parties") as of October
1, 2014 (the"Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to Town the services described in the Scope of Work attached as Exhibit A,
and incorporated herein, at the time and place and in the manner specified therein. In the
event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A,
the Agreement shall prevail.
1.1 Tenn of Services. The term of this Agreement shall begin on the Effective Date and shall
end on November 15, 2014, and Contractor shall complete the work described in Exhibit A
on or before that date, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8. The time provided to Contractor to complete the
services required by this Agreement shall not affect the Town's right to terminate the
Agreement, as referenced in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement according to the standards observed by a competent practitioner of the
profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that Town, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from Town of such desire of Town,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Contractor's obligations hereunder.
1.5 Public Works Requirements. The services described in Exhibit A constitute a public
works within the definition of Section 1720(a)(1)of the California Labor Code. As a result,
Contractor is required to comply with the provisions of the Labor Code applicable to public
works, to the extent set forth in Exhibit C. Contractor shall waive, indemnify, hold
harmless, and defend Town concerning any liability arising out of Labor Code Section
1720 et seq.
Section 2. COMPENSATION. Town hereby agrees to pay Contractor a sum not to exceed
¶notwithstanding any contrary indications that may be contained in Contractor's
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proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Contractor's proposal,
attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail.
Town shall pay Contractor for services rendered pursuant to this Agreement at the time
and in the manner set forth herein. The payments specified below shall be the only
payments from Town to Contractor for services rendered pursuant to this Agreement.
Contractor shall submit all invoices to Town in the manner specified herein. Except as
specifically authorized by Town in writing, Contractor shall not bill Town for duplicate
services performed by more than one person.
Contractor and Town acknowledge and agree that compensation paid by Town to
Contractor under this Agreement is based upon Contractor's estimated costs of providing
the services required hereunder, including salaries and benefits of employees and
subcontractors of Contractor. Consequently, the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or
annuities to which Contractor and its employees, agents, and subcontractors may be
eligible. Town therefore has no responsibility for such contributions beyond compensation
required under this Agreement.
2.1 Invoices. If requested, Contractor shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. Invoices shall contain the following
information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
• At Town's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
• The total number of hours of work performed under the Agreement by Contractor
and each employee, agent, and subcontractor of Contractor performing services
hereunder as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds eight hundred (800) hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
• The amount and purpose of actual expenditures for which reimbursement is
sought;
• The Contractor's signature.
2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. Town
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shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. Town shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to Town of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. Town shall pay for the services to be rendered by Contractor pursuant to
this Agreement. Town shall not pay any additional sum for any expense or cost
whatsoever incurred by Contractor in rendering services pursuant to this Agreement.
Town shall make no payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed $0.00. Expenses not listed below are not chargeable to Town. Reimbursable
expenses are included in the total amount of compensation provided under this Agreement
that shall not be exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes. Contractor
represents and warrants that Contractor is a resident of the State of California in
accordance with California Revenue & Taxation Code Section 18662, as may be
amended, and is exempt from withholding. Contractor accepts sole responsible for
verifying the residency status of any subcontractors and withhold taxes from non-California
subcontractors as required by law.
2.8 Payment upon Termination. In the event that the Town or Contractor terminates this
Agreement pursuant to Section 8, the Town shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Contractor and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall
provide proof satisfactory to Town of such insurance that meets the requirements of this section and under
forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to
the Town. Contractor shall maintain the insurance policies required by this section throughout the term of
this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not
allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town.
Verification of the required insurance shall be submitted and made part of this Agreement prior to
execution. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than$1,000,000.00 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the Labor Code shall be solely in the
discretion of the Contract Administrator. The insurer, if insurance is provided, or the
Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation
against the Town and its officers, officials, employees, and volunteers for loss arising from
work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000.00 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
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4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
°occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001 (most recent edition), Code 1
(any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an occurrence basis, and
not on a claims-made basis.
b. Town, its officers, officials, employees, and volunteers are to be covered
as insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired,or borrowed by the Contractor.
c. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance covered shall be primary insurance as respects the
Town, its officers, officials, employees, and volunteers. My insurance or
self-insurance maintained by the Town, its officers,officials, employees, or
volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be canceled by either party, except after 30 days'
prior written notice has been provided to the Town.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Contractor, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $1,000,000.00 covering the licensed professionals' errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroacfive date of the policy must be shown and must be before the
date of the Agreement.
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b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work,so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Contractor must purchase an extended period coverage
for a minimum of five years after completion of work under this
Agreement.
d. A copy of the claim reporting requirements must be submitted to the Town
for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests'rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish Town with complete copies of all policies delivered to
Contractor by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and endorsements shall show the signature
of a person authorized by that insurer to bind coverage on its behalf. If the Town
does not receive the required insurance documents prior to the Contractor
beginning work, it shall not waive the Contractor's obligation to provide them. The
Town reserves the right to require complete copies of all required insurance
policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and
obtain the written approval of Town for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the Town, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the Town, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the Town guaranteeing payment of losses and related
investigations, claim administration and defense expenses. Further, if any
insurance policy includes a self-insured retention that must be paid by a named
insured as a precondition of the insurers liability, or which has the effect of
providing that payments of the self-insured retention by others, including additional
insureds or insurers do not serve to satisfy the self-insured retention, such
provisions must be modified by special endorsement so as to not apply to the
additional insured coverage required by this agreement so as to not prevent any of
the parties to this agreement from satisfying or paying the self-insured retention
required to be paid as a precondition to the insurers liability. Additionally, the
certificates of insurance must note whether the policy does or does not include any
self-insured retention and also must disclose the deductible.
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4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit(i.e.limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Contractor hereby agrees to waive subrogation which
any insurer or contractor may require from vendor by virtue of the payment of any
loss. Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Contractor, its employees,
agents, and subcontractors.
4.4.6 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.
4.5 Remedies. In addition to any other remedies Town may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, Town may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies Town may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES.
Contractor shall indemnify, defend with counsel acceptable to Town, and hold harmless Town and its
officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation)
(collectively, °Liability") of every nature arising out of or in connection with Contractor's performance of the
Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability
caused by the sole negligence or willful misconduct of Town.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the Town, unless this time has been extended by the Town, If the
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Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addifion to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the Town, may be retained by the Town until
disposition has been made of the dam or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
With respect to third party claims against the Contractor, the Contractor waives any and all rights of any
type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shaV not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of Town, Contractor shall
indemnify, defend, and hold harmless Town for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of Town.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of Town. Town shall have the
right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however,otherwise Town shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by Town, including
but not limited to eligibility to enroll in the Califomia Public Employees Retirement System
(PERS) as an employee of Town and entitlement to any contribution to be paid by Town
for employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as Town may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind Town to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which Town is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to Town that Contractor and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to Town that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect •
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from Town.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, religion,color,national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of,or applicant for any services or programs provided by Contractor under this
Agreement. Contractor shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Contractor thereby.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Town may cancel this Agreement at any time and without cause upon
written notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to Town and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; Town, however, may condition payment of
such compensation upon Contractor delivering to Town any or all documents,
photographs, computer software, video and audio tapes, and other materials provided to
Contractor or prepared by or for Contractor or the Town in connection with this Agreement.
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8.2 Extension. Town may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. My such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if Town grants such an extension, Town shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have
no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. Town and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractors unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to Town for entering into this
Agreement was and is the professional reputafion and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between Town and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, Town's remedies shall included, but not be limited to,the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different Contractor to complete the work described in Exhibit A not
finished by Contractor;or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that Town
would have paid Contractor pursuant to Section 2 if Contractor had completed the
work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
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records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the Town. Contractor hereby agrees to deliver
those documents to the Town upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the Town and are
not necessarily suitable for any future or other use. Town and Contractor agree that, until
final approval by Town, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the Town under this Agreement for a minimum of 3 years, or for any longer period
required by law,from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the Town. Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds $10,000.00, the Agreement shall be
subject to the examination and audit of the State Auditor, at the request of Town or as part
of any audit of the Town, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enfome or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be endued. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Santa Clara or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products, Contractor shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of Town or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any Town official in the work performed pursuant to this
Agreement. No officer or employee of Town shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the Town. If Contractor was an employee, agent,
appointee, or official of the Town in the previous twelve months, Contractor warrants that it
did not participate in any manner in the forming of this Agreement. Contractor
understands that, if this Agreement is made in violation of Government Code § 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the Town for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of Government Code § 1090 and, if applicable, will be
disqualified from holding public office in the State of California.
10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Steve Padovan
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Contractor shall be sent to:
Philip Damians
Bailey Fence Company Inc.
3205 Baumberg Avenue
Hayward, CA 94545
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4 1111.10
Any written notice to Town shall be sent to:
Steve Padovan
Planning Department
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between Town and Contractor and supersedes all prior negotiations,
representations,or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Public Works Requirements
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
[SIGNATURES ON FOLLOWING PAGE]
Contracting Services Agreement between October 1, 2014
Town of Los Altos Hills and Bailey Fence Company Inc. Page 13 of 14
V
The Parties have executed this Agreement as of the Effective Date.
TOWN OF LOSALTOSHILLS CONTRACTOR
"La
Carl Cahill, City Manager
Bailey Fence Company II
41/0/40
Attest: Ker 'r 1,5
lb( L6rJR',k�T�lj— Vic e�I�Z�slderj-
Deborah Padovan, Town Clerk
Approved as to Form:
Steve�s, Town Attorney
1070873.1
Contracting Services Agreement between October 1, 2014
Town of Los Altos Hills and Bailey Fence Company Inc. Page 14 of 14
RESOLUTION 58-14
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY AGREEMENTS FOR THE
CONSTRUCTION OF A DOG PARK ON TOWN OWNED PROPERTY
NEAR THE CORNER OF PURISSIMA AND ELENA ROADS
WHEREAS, the City Manager of the Town of Los Altos Hills sought proposals to construct a
.33 acre dog park on Town owned property designated for public recreation uses between
Purissima Road and the Junipero Serra Freeway(I-280); and
WHEREAS, after examination of the proposals received for fencing, the extension of water
lines to serve the facility, signage and contingencies, the City Manager recommends that an
amount not to exceed $30,000 be allocated to construct the dog park; and
WHEREAS, there are sufficient funds available in the Parks and Recreation in-lieu Fee fund
balance to construct the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos
Hills, that the City Manager is hereby authorized and directed to execute agreements with
appropriate and qualified fence, plumbing and sign contractors in an amount not to exceed
$30,000, including a $3,000 construction contingency, to construct the necessary site
improvements to accommodate the dog park on behalf of the Town of Los Altos Hills.
BE IT FURTHER RESOLVED that the City Council of the Town of Los Altos Hills approve a
$30,000 supplemental appropriation from the Park & Recreation In-Lieu Fee (Fund 016) fund
balance to the General Fund CIP Fund (Fund 04 1) to cover the cost of the project.
The above and foregoing resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a special meeting held on the 11th day of September, 2014 by the following
vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
John Radford, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 58-14 Page 1
•
EXHIBIT A
SCOPE OF SERVICES
•
Contracting Services Agreement between October 1, 2014
Town of Los Altos Hills and Bailey Fence Company, Inc. Page 1 of 1
Exhibit A
41110 (110
Ni DOG PARK FENCE
BAILEY FEWCE CO[I PMNY IftC. [+RGVOSAL_
3205 BAUMeERG AVE. HAYWAR0 CA 94545 ]Oe NC.
1510)729Po" FAX IMO]]8329e3
Ce LIS g e9SE5' 8-7-14
BATE_
PROPOSAL¢, CITY OF LOS ALTOS HILLS CA STEVE 707 206 2084
PHONE or_
26379 FREMONT RD,LOS ALTOS CA 94022
AOBRESS _ __—._. JOB PHONE
CORNER OF ELENA RD AND PURISSMA RD LOS ALTOS CA
.n.�_ 5 &4'-6" ,'eilv 'e0 rvrt xe. a
p
frxFARM—
BLACK VINLE 9 2" '�'^' to /bottom ail 1-5/8'OD
r. vu.r. _mx !i-v48'KMnn£ —__lamLw.vmR P
IFS(
ar rm s 1 7/8 OD 10'MAX C c+ Nim 2-3/8"OD 2 3/8"OD
_._ TAN _ 4^Nr&R F^W'PoSS— CORNER(Nth
r.cn c:e rwa 2-3/8"OD _a+;n::r((Sr2-3/8"OD cFr. 2-4'X5'SGL GATES 1-17X4'DBL GATE
:�rcrzuxRea X - Amvupao_ _su`Rws__ 1-7/8"OD _
QUANTITY 1 DESCRIPTION INSTALL NEW ALL BLACK CHAIN LINK FENCE/GATES
APPROX.608' QUOTE TO INSTALL NEW 4'-6" HIGH AND 5'HIGH CHAIN LINK FENCE AND GATES.ALL POSTS
TO BE SET IN A 10"X 24"CONCRETE FOOTING.
FENCE TO HAVE A TOP AND BOTTOM RAIL.GATES TO HAVE A SPRING CLOSER AND GATE
STOP.ALL MATERIAL TO BE BLACK POWDER COATED.
PLEASE NOTE:ALL PERMITS AND RELATED ITEMS TO OBTAINED BY CUSTOMER
AND IN PLACE PRIOR TO THE NEW FENCE INSTALLATION.
-i Lep,rl
OplauCINC LAOJR Iu nu a,o ' - $19,977.00
AS Pt11 OYEZ,
WEIRS, NRCS:.ON OMP'TBN I--per G inlsrvst en aceounts ever 15 days Will Isar action bE lhv pare liereW thepevalmo . ;hal n
n aNa ee reason,*xllorney's ie_and teals.
CONDIiW5 BlCPef Treses grape slakes ars to Ce°Aad 1555el.re-the th.ID lath 1 more line great chew's.'po.i1IR IS optic CCa9. :
(veryNage: f - lerte Af I n heshell be 7,mov rchro. pro-1n +re t pair W e assume oU responsibility
• tl:M gad pCw .este.eAMia.tlpM1 .,- ra n•. a for
NOTICE TO O 'NEE--
• xVaial :my I[uleni Ler ath thrthactor..r Bron I 0.ra sigUICE le e ; wove.COT u creme but .Pat kir hn'her HE--Of
✓.10:0.Lrr.'.az ria Sorra Clahllg ycv awagarli Fa means that hewn&W 0 fsiSS
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Orderthe w may gratedra g bet oH segfricanns 5 1 fwerf of Era rilrreh: 0"
1102,01 ir tieOiseof We count)retarder al the 9 It: p wage as par. d pband . _ n
▪ T e.Sari ] M1 Uwe f I:C: l 1 ep C 1 to en a be
we Earners.1 TP ill nits aap resh . _ f "m„etre- t -Wf((truths aeea.. __. r.tdT
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7.1-QUIELEISSEr et CCIRS the art:h
...o.. . r ,t rry mmol 9 xwlce9'a � " yz v I r_,.e fu xMOL av g d m artreer
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•
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•
TERMS aro CONDITIONS
GUARANTEE Bailey Fence camp. terrifies thy.el equipment and mitrals fureiahed shall carry a one Til year warranty on phos.materiel and labor.Carnage to equb=rsnt or
matenals caused by neghsense,misuse,vandalism or acts of God'ft no:covered by this guarante stalement
Bailey Fence Co.Inc. does not warrant and herby enpressly disclaims any warranty on mmmnenis punchesecorexisting Isom another manufacture: and Bailey Fence Ca.Inc.
shall be under NO obligator,to protide ether maintenance.service,or support for any such system or equip/nen'that may case damagetto matelots supplied or installed by Bailey
Fence Co Inc..
INSURANCE: Bailey Fence Co ME shall carry Workmen's Compensayx Insurance on all employees and Polic bablty and Property Damage Insurance.
LICENSING: Contractors are required by law to be licensed and regulated by the Contractors'that Ucenm Beard.Any questions concerning a contactor may be referred to the
Registrar of The But whose address'e.Contractors State License Board:P.O.Box 26000.Sacramento.CA 95626.
ENFORCEABILITY AGAINST TRANSFEREES AND SDCESSDP.S: This Agreement and all de trans shall be beading upon and enlorezble against the parties hnrelo and also
agars!the heirs,estates,successors in interest.assigns and personal reprasentahies of the panes hereto.It N further expressly agreed that this Agreement and all terms
hereof shall:to De binding upon and may be enforced againsl any perm,firm,assoieticn or ant to whom Owner transfers any pad of his right tile,or Interest in or to
the premises upon which this Contract s to be perfumes.
ARBITRATION: Subject to the exception hereinafter contained,t,at any time,any controversy shall arise between Bailey Fence Co.Inc.and the Owner with respect to any
matters or questions arising out of or rerntirs to,this Agreement or the G'each therevl,which the padres do not promptly adlust an]determine,said controversy slag be
decided by arbitration administered by and in at onlanse with the Construction Industry Arbitration rules of the American Arbitration emaciation Men obtaining unless the
plies area otneorise This Agreement so to arbitrate shall be spectrally enforceable under the prevailing arbitraton law.The award rendered by the arbitrate-shah be
fuel,and ludgemeM may be entered upon it In any Cour having lurisdichon thereof.This Agreement to!imitate, however,shall not apply to any controversysur os claim
assent by Bailey Fence Co.Inc.by which Barley Fence Co.Inc.seeks to enforce only collection of the contract prise referred to on the lace of the Agreemen and as to
Man Owner raises no affirmative defense lur counter claims)hater up or alleged act or omission m Bailey Fence Co.Inc,
V
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•
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70/
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a �
A
•
•
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V
EXHIBIT B
COMPENSATION SCHEDULE
Contracting Services Agreement between [EFFECTIVE DATE]
Town of Los Altos Hills and Bailey Fence Company Inc. Page 1 of 1
Exhibit B
Li
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day's work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to eight hours during
any one calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of eight hours during any
one calendar day and forty hours during any one calendar week is permitted upon compensation
for all hours worked in excess of eight hours during any one calendar day and forty hours during
any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Contractor and its subcontractors shall forfeit as a penalty to the Town $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the Town has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
Town Public Works Office and shall be made available on request. The Contractor and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with Labor Code Section 1775,the Contractor and any subcontractors engaged in
performance of the services described in Exhibit A shall comply Labor Code Section 1775, which
establishes a penalty of up to $50 per day for each worker engaged in the performance of the
services described in Exhibit A that the Contractor or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Contractor or subcontractor in meeting applicable prevailing wage
Contracting Services Agreement between October 1, 2014
Town of Los Altos Hills and Bailey Fence Company Inc. Page 1 of 3
Exhibit C
fire iJ
obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their
obligations under the California Labor Code. The Contractor or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor waiter engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable
for any penalties therefore unless the Contractor had knowledge of that failure or unless the
Contractor fails to comply with all of the following requirements:
1. The contract executed between the Contractor and the subcontractor for the
performance of part of the services described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Contractor shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor's certified payroll
records,
3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of
wages, the Contractor shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for
performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Contractor shall obtain an
affidavit signed under penalty of perjury from the subcontractor that the subcontractor
has paid the specified general prevailing rate of per diem wages for employees engaged
in the performance of the services described in Exhibit A and any amounts due pursuant
to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury,stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for
any work performed by the employer's employees on the public works project.
Contracting Services Agreement between October 1, 2014
Town of Los Altos Hills and Bailey Fence Company Inc. Page 2 of 3
Exhibit C
coo
V
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be available for inspection by the Owner and its authorized representatives, the
Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available for inspection in accordance
with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the
Contractor and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to services
described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be
applicable as a minimum for such trade or occupation from the time of the initial employment of
the person affected and during the continuance of such employment.
Contracting Services Agreement between October 1, 2014
Town of Los Altos Hills and Bailey Fence Company Inc. Page 3 of 3
Exhibit C
EXHIBIT[C OR D]
REIMBURSABLE EXPENSES
2238847.1
Contracting Services Agreement between October 1, 2014
Town of Los Altos Hills and Bailey Fence Company Inc. Page 1 of 1
Exhibit C
STATEMENT OF COMPLIANCE *la RECEIVED
Date : November 04, 2014 j; El N ec L. NOV 12 2014
I, ELLA L. BAILEY, ADMINISTRATIVE ASSISTANT
do hereby certify under penalty of perjury: TOWN OF LOS ALTOS HILL
(1) That I pay or supervise the payment of the persons employed by
BAILEY FENCE CO., INC. on the job TOWN OF LOS ALTOS HILLS
that during the payroll period commencing on the 26th day of October, 2014 and ending
the 1st day of November, 2014 all persons employed on said project have been paid the
weekly wages earned, that no rebates have been or will be made either directly or indirectly
to or on behalf of said BAILEY FENCE CO., INC. from the full weekly wages
earned by any person and that no deductions have been made either directly or indirectly
from the full wages earned by any person, other than permissible deductions as defined in
Regulations, Part 3(29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland
Act, as amended (48 Stat. 948,63 Stat. 108,72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and
described below:
Federal Withholding Tax, F.I.C.A., State Withholding Tax,
State Disability Insurance, Applicable Union Deductions
(2) That any payrolls otherwise under this contract required to be submitted for the above
period are correct and complete; that the wage rates for laborers or mechanics contained
therein are not less than the applicable wage rates contained in any wage determination
incorporated into the contract; that the classifications set forth therein for each laborer or
mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide
apprenticeship program registered with a State apprenticeship agency recognized by the
Bureau of Apprenticeship and Training, United States Department of Labor, or if no such
recognized agency exists in a State, are registered with the Bureau of Apprenticeship and
Training, United States Department of Labor.
(4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS
V� ) In addition to the basic hourly wage rates paid to each laborer or mechanic
J� listed in the above referenced payroll, payments of fringe benefits as listed
in the contract have been or will be made to appropriate programs for the
benefit of such employees, except as noted in Section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
Each laborer or mechanic listed in the above referenced payroll has been
paid as indicated on the payroll, an amount not less than the sum of the
applicable basic hourly wage rate plus the amount of the required fringe
benefits as listed in the contract, except as noted in Section 4(c) below.
(c) EXCEPTIONS
EXCEPTION (Craft): EXPLANATION:
REMARKS:
NAME AND TITLE: SIGN E:
ELLA L. BAILEY, ADMINISTRATIVE ASSISTAN I b-
The willful falsification of any of the above statements ma s ject the.ontra9`(�or or
subcontractor to civil or criminal prosecution. See Section 001 of Titl2 1�aiSd Section 231
of Title 31 of the United States Code.
40 CERTIFIED PAYROLL REPORT Itia C� N�qL Page 1
11/04/14
BAILEY FENCE COMPANY,INC. JOB: TOWN OF LOS ALTOS HILLS(140882)
3205 BAUMBERG AVENUE CORNER OF ELENA RD 8 PAY DATE: 11/06/14
HAYWARD,CA 94545-4409 ROAD WEEK ENDING: 11/01/14
LOS ALTOS,CA WEEK#: 2
LICENSE#: 498661
EMPLOYEE:SAN RAMON, LEOBARDO EMPLOYEE#: 037 EXEMPTIONS: 5
33477 14TH STREET SOCIAL SECURITY#: 540-23-5967 SEX:M
UNION CITY,CA 94587 RACE:Hispanic or Latino
CRAFT HRS 10/26/14 10/27/14 10/28/14 10/29/14 10/30/14 10/31/14 11/01/14 TOTAL RATE AMOUNT
LABORER-GROUP 3(A) REG 0.00 800 800 2.00 0.00 0.00 0.00 18.00 30.27 544.86
1.5 0.00 0.00 0.00 0.00 0.00 0o0 0.00 0.00 0.00 0.00
2.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FRING 18.00 17.57 316.26
FIT'. 47.59 SIT: 670 CREDIT U: 100.00 03VACATION: 85.48 CHECK#- WAGES THIS JOB: 544.86
SOC SEC: 60.51 OTH ST TX: 976 40149 TOTAL GROSS: 975.90
MEDICARE: 14.15 TOTAL DEDUCTIONS: 324.19
TOTAL NET PAY: 651.71
EMPLOYEE:SILVEIRA,ANTHONY EMPLOYEE#: 111 EXEMPTIONS: 1
1285 OBERLIN AVENUE SOCIAL SECURITY#: 625-03-4236 SEX:M
SAN LEANDRO,CA 94579 RACE:White
CRAFT HRS 10/26/14 10/27/14 10/28/14 10/29/14 10/30/14 10/31/14 11/01/14 TOTAL RATE AMOUNT
LABORER-GROUP 3(A) REG 0.00 8.00 8.00 2.00 0.00 0.00 0.00 18.00 30.27 544.86
1.5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FRING 18.00 17.57 316.26
FIT: 123.01 SIT: 35.11 04VACATION: 17.33 CHECK#- WAGES THIS JOB: 544.86
SOC SEC: 57.66 OTH ST TX: 9.30 03VACATION: 57.86 40152 TOTAL GROSS: 930.02
MEDICARE: 13.49 TOTAL DEDUCTIONS: 313.76
TOTAL NET PAY: 616.26
JOB 140882 TOTALS:
HR$ 10/26/14 10/27/14 10/28/14 10/29/14 10/30/14 10/31/14 11/01/14 TOTAL RATE AMOUNT
REG 0.00 16.00 16.00 4.00 0.00 0.00 0.00 36.00 30.27 1089.72
1.5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FRING 36.00 17.57 632.52
WAGES THIS JOB: 1089.72
. STATEMENT OF COMPLIANCE *7
Date : October 27, 2014
I, ELLA L. BAILEY, ADMINISTRATIVE ASSISTANT
do hereby certify under penalty of perjury:
(1) That I pay or supervise the payment of the persons employed by
BAILEY FENCE CO., INC. on the job TOWN OF LOS ALTOS HILLS
that during the payroll period commencing on the 19th day of October, 2014 and ending
the 25th day of October, 2014 all persons employed on said project have been paid the
weekly wages earned, that no rebates have been or will be made either directly or indirectly
to or on behalf of said BAILEY FENCE CO., INC. from the full weekly wages
earned by any person and that no deductions have been made either directly or indirectly
from the full wages earned by any person, other than permissible deductions as defined in
Regulations, Part 3(29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland
Act, as amended (48 Stat. 948,63 Stat. 108,72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and
described below:
Federal Withholding Tax, F.I.C.A., State Withholding Tax,
State Disability Insurance, Applicable Union Deductions
(2) That any payrolls otherwise under this contract required to be submitted for the above
period are correct and complete; that the wage rates for laborers or mechanics contained
therein are not less than the applicable wage rates contained in any wage determination
incorporated into the contract; that the classifications set forth therein for each laborer or
mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide
apprenticeship program registered with a State apprenticeship agency recognized by the
Bureau of Apprenticeship and Training, United States Department of Labor, or if no such
recognized agency exists in a State, are registered with the Bureau of Apprenticeship and
Training, United States Department of Labor.
(4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS
gf) In addition to the basic hourly wage rates paid to each laborer or mechanic
listed in the above referenced payroll, payments of fringe benefits as listed
in the contract have been or will be made to appropriate programs for the
benefit of such employees, except as noted in Section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
0 Each laborer or mechanic listed in the above referenced payroll has been
paid as indicated on the payroll, an amount not less than the sum of the
applicable basic hourly wage rate plus the amount of the required fringe
benefits as listed in the contract, except as noted in Section 4(c) below.
(c) EXCEPTIONS
EXCEPTION (Craft): EXPLANATION:
REMARKS:
NAME AND TITLE: SIGN ,(p /�,-,�, iZ
ELLA L. BAILEY, ADMINISTRATIVE ASSISTA �L '" ,
The willful falsification of any of the above statements m y bject the cntract r or
subcontractor to civil or criminal prosecution. See Section 1001 of Title 8 an Section 231
of Title 31 of the United States Code.
40 CERTIFIED PAYROLL REPORT Page 1
Aile 10/27/14
BAILEY FENCE COMPANY, INC. JOB: TOWN OF LOS ALTOS HILLS(140882)
3205 BAUMBERG AVENUE CORNER OF ELENA RD 8 PAY DATE: 10/30/14
HAYWARD,CA 94545-4409 ROAD WEEK ENDING: 10/25/14
LOS ALTOS,CA WEEK#: 1
LICENSE#: 498661
EMPLOYEE:SAN RAMON,LEOBARDO EMPLOYEE#: 037 EXEMPTIONS: 5
33477 14TH STREET SOCIAL SECURITY#: 540-23-5967 SEX:M
UNION CITY,CA 94587 RACE:Hispanic or Latino
CRAFT HRS 10/19/14 10/20/14 10/21/14 10/22/14 10/23/14 10/24/14 10/25/14 TOTAL RATE AMOUNT
LABORER-GROUP 3(A) REG 0.00 0.00 0.00 0.00 4.00 8.00 000 12.00 30.27 363.24
1.5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FRING 12.00 17.57 210.84
FIT: 54.90 SIT. 8.85 CREDIT U: 100.00 03VACATION: 89.42 CHECK#- WAGES THIS JOB: 363.24
SOC SEC: 63.53 OTH ST TX: 10.25 40117 TOTAL GROSS: 1024.68
MEDICARE: 14.86 TOTAL DEDUCTIONS: 341.81
TOTAL NET PAY: 682.87
EMPLOYEE:MEJIA,IGNACIO EMPLOYEE#: 069 EXEMPTIONS: 5
746 PARADISE BLVD SOCIAL SECURITY#: 562-51-0591 SEX:M
HAYWARD,CA 94541 RACE:White
CRAFT HRS 10/19/14 10/20/14 10/21/14 10/22/14 10/23/14 10/24/14 10/25/14 TOTAL RATE AMOUNT
LABORER-GROUP 3(A) REG 0.00 0.00 0.00 0.00 0.00 8.00 0.00 8.00 30.27 242.16
1.5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FRING 8.00 17.57 140.56
FIT: 4.63 SIT: 0.00 04VACATION: 26.40 CHECK#- WAGES THIS JOB: 242.16
SOC SEC: 36.49 OTH ST TX: 5.89 03VACATION: 21.04 40114 TOTAL GROSS: 588.56
MEDICARE: 8.53 TOTAL DEDUCTIONS: 102.98
TOTAL NET PAY: 485.58
EMPLOYEE:SILVEIRA,ANTHONY EMPLOYEE#: 111 EXEMPTIONS: 1
1285 OBERLIN AVENUE SOCIAL SECURITY#: 625-03-4236 SEX:M
SAN LEANDRO,CA 94579 RACE:White
CRAFT HRS 10/19/14 10/20/14 10/21/14 10/22/14 10/23/14 10/24/14 10/25/14 TOTAL RATE AMOUNT
LABORER-GROUP 3(A) REG 0.00 0.00 0.00 0.00 4.00 0.00 0.00 4.00 30.27 121.08
1.5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 , 0.00 0.00 0.00
FRING 4.00 17.57 70.28
FIT: 86.83 SIT: 21.50 04VACATION: 9.90 CHECK#- WAGES THIS JOB: 121.08
SOC SEC: 46.89 OTH ST TX', 7.56 03VACATION: 52.60 40120 TOTAL GROSS: 756.30
MEDICARE: 10.97 TOTAL DEDUCTIONS: 236.25
TOTAL NET PAY: 520.05
EMPLOYEE:BAEZ,JOEL ARTURO EMPLOYEE#: 207 EXEMPTIONS: 0
1226 88TH AVE SOCIAL SECURITY#: 615-47-4191 SEX:M
OAKLAND,CA 94621 RACE:W hite
CERTIFIED PAYROLL REPORT .;� Page 2
its j
1 "4 10/27/14
BAILEY FENCE COMPANY,INC. JOB: TOWN OF LOS ALTOS HILLS(140882)
3205 BAUMBERG AVENUE CORNER OF ELENA RD& PAY DATE: 10/30/14
HAYWARD,CA 94545-4409 ROAD WEEK ENDING: 10/25/14
LOS ALTOS,CA WEEK#: 1
LICENSE#: 498661
CRAFT HRS 10/19/14 10/20/14 10/21/14 10/22/14 10/23/14 10/24/14 10/25/14 TOTAL RATE AMOUNT
LABORER-GROUP 3(A) REG 0.00 0.00 0.00 0.00 0.00 8.00 0.00 8.00 30.27 242.16
1.5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FRING 8.00 17.57 140.56
FIT: 147.16 SIT: 39.17 03VACATION: 84.16 CHECK#- WAGES THIS JOB: 242.16
SOC SEC: 58.94 0TH ST TX: 9.51 40097 TOTAL GROSS: 950.64
MEDICARE: 13.78 TOTAL DEDUCTIONS: 352.72
TOTAL NET PAY: 597.92
JOB 140882 TOTALS:
HRS 10/19/14 10/20/14 10/21/14 10/22/14 10/23/14 10/24/14 10/25/14 TOTAL RATE AMOUNT
REG 0.00 0.00 0.00 0.00 8.00 24.00 0.00 32.00 30.27 968.64
1.5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FRING 32.00 17.57 562.24
WAGES THIS JOB: 968.64